[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Rules and Regulations]
[Pages 54719-54720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14545]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
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  Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Rules 
and Regulations  

[[Page 54719]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2024-0463]
RIN 1625-AA09


Drawbridge Operation Regulation; Three Mile Slough, Near Rio 
Vista, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY:  The Coast Guard is temporarily modifying the operating 
schedule that governs the draw of the California Department of 
Transportation Route 160 bridge, across Three Mile Slough, mile 0.1 
near Rio Vista, CA. This action is necessary to allow the bridge owner 
to complete electrical and mechanical rehabilitation of the bridge.

DATES: This temporary interim rule is effective from July 2, 2024 
through 7 p.m. on August 30, 2024.
    Comments and related material must reach the Coast Guard on or 
before August 1, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number (USCG-2024-0463) in the ``SEARCH'' box and click 
``SEARCH.'' In the Document Type column, select ``Supporting & Related 
Material''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary interim rule, call or email Carl Hausner, Chief, Bridge 
Section, Eleventh Coast Guard District; telephone 510-437-3516, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

    CFR Code of Federal Regulations
    Caltrans California Department of Transportation
    DHS Department of Homeland Security
    FR Federal Register
    NPRM Notice of proposed rulemaking
    Pub. L. Public Law
    Sec.  Section
    U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary interim rule without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because it is 
impracticable. This bridge is non-operational and will be non-
operational until rehabilitation work can be completed.
    On December 14, 2023, the Coast Guard issued a General Deviation 
which allowed the bridge owner, Caltrans, to deviate from the current 
operating schedule in 33 CFR 117.5 in order to conduct major mechanical 
and electrical rehabilitation of the bridge. Due to delays caused by 
weather, design changes, and supply chain issues the project will run 
past the end date of the General Deviation on June 30, 2024. As such, 
the bridge cannot be brought back to operating condition until the work 
is complete, which remains dependent on continuing good weather and the 
resolution of supply chain issues. Therefore, there is insufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing the modification.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective in less than 30 days after publication 
in the Federal Register. For reasons presented above, delaying the 
effective date of this rule would be impracticable and contrary to the 
public interest due to the fact that the bridge is currently inoperable 
and will not be back into operation until the electrical and mechanical 
rehabilitation work can be completed.
    We are soliciting comments on this rulemaking. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary interim rule under 
authority in 33 U.S.C. 499. The Coast Guard is modifying the operating 
schedule that governs the draw of the California Department of 
Transportation Route 160 bridge, across Three Mile Slough, mile 0.1 
near Rio Vista, CA. The Route 160 bridge has a vertical clearance in 
the closed position of 12.4 feet at mean high water, and 107.4 feet of 
vertical clearance when in the fully opened-to-navigation position.
    The existing drawbridge regulation, 33 CFR 117.5, states ``Except 
as otherwise authorized or required by this part, drawbridges must open 
promptly and fully for the passage of vessels when a request or signal 
to open is given in accordance with this subpart.'' Caltrans, the 
bridge owner, has requested additional time to complete the bridge 
rehabilitation.

IV. Discussion of the Temporary Interim Rule

    The Coast Guard is issuing this rule, which permits a temporary 
deviation from the operating schedule that governs the draw of the 
California Department of Transportation Route 160 bridge, across Three 
Mile Slough, mile 0.1 near Rio Vista, CA. This rule allows the bridge 
to be secured in the closed-to-navigation position through 7 p.m. on 
August 30, 2024.
    As part of the bridge rehabilitation, Caltrans has removed and is 
replacing all the electrical and key mechanical components that control 
the draw span's operation. On May 21, 2024, Caltrans informed the Coast 
Guard their contractor had parts and material on backorder due to 
supply chain issues, and the original design for the rehabilitation 
work needed revisions. In addition, Caltrans informed the Coast Guard 
that delays due to weather extended the completion date of the project. 
The supply chain issue, the redesign, and an active storm season have 
delayed the completion of the bridge rehabilitation. Currently, the 
draw span remains inoperable until the work is completed. The 
anticipated completion date for the rehabilitation is August 30, 2024.

[[Page 54720]]

V. Regulatory Analyses

    We developed this temporary interim rule after considering numerous 
statutes and Executive Orders related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, it has 
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the fact that even 
though vessels, which require this draw span to open may be impacted by 
this action, vessels still can take an alternate route to reach either 
side of the bridge. Furthermore, the draw span of the bridge, as of 
date of the publication of this rule, is not operational and cannot 
resume operations until rehabilitation work is complete.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule promulgates the operating 
regulations or procedures for drawbridges and is categorically excluded 
from further review, under paragraph L49, of Chapter 3, Table 3-1 of 
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Add Sec.  117.T198 to read as follows:


Sec.  117.T198   Three Mile Slough

    The draw of the California Department of Transportation Route 160 
bridge, mile 0.1, near Rio Vista need not open for the passage of 
vessels.

    Dated: June 26, 2024.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2024-14545 Filed 7-1-24; 8:45 am]
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