Drawbridge Operation Regulation; Old River, Between Victoria Island and Byron Tract, CA, 24336-24338 [2023-08188]
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<![CDATA[
24336
Federal Register / Vol. 88, No. 76 / Thursday, April 20, 2023 / Rules and Regulations
TABLE 1 TO § 723.14—Continued
Points
66
67
68
69
70
18,230
18,626
19,021
19,418
19,815
3. In § 723.15, revise paragraph (b)
introductory text to read as follows:
■
§ 723.15 Assessment of separate
violations for each day.
*
*
*
*
*
(b) In addition to the civil penalty
provided for in paragraph (a) of this
section, whenever a violation contained
in a notice of violation or cessation
order has not been abated within the
abatement period set in the notice or
order or as subsequently extended
pursuant to section 521(a) of the Act, 30
U.S.C. 1271(a), a civil penalty of not less
than $2,972 will be assessed for each
day during which such failure to abate
continues, except that:
*
*
*
*
*
PART 724—INDIVIDUAL CIVIL
PENALTIES
4. The authority citation for part 724
continues to read as follows:
■
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., and 31 U.S.C. 3701.
5. In § 724.14, revise the first sentence
of paragraph (b) to read as follows:
■
§ 724.14
Amount of individual civil penalty.
*
*
*
*
*
(b) The penalty will not exceed
$19,815 for each violation. * * *
PART 845—CIVIL PENALTIES
6. The authority citation for part 845
continues to read as follows:
■
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., 31 U.S.C. 3701, Pub. L. 100–202, and
Pub. L. 100–446.
7. Revise table 1 to § 845.14 to read as
follows:
■
§ 845.14 Determination of amount of
penalty.
*
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES1
TABLE 1 TO § 845.14
Points
1
2
3
4
5
6
7
Dollars
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
VerDate Sep<11>2014
Points
Dollars
....................................................
....................................................
....................................................
....................................................
....................................................
16:36 Apr 19, 2023
Jkt 259001
79
159
238
317
397
476
555
section, whenever a violation contained
in a notice of violation or cessation
Dollars
order has not been abated within the
abatement period set in the notice or
631 order or as subsequently extended
713
pursuant to section 521(a) of the Act, 30
793
871 U.S.C. 1271(a), a civil penalty of not less
951 than $2,972 will be assessed for each
1,028 day during which such failure to abate
1,109 continues, except that:
1,191 *
*
*
*
*
TABLE 1 TO § 845.14—Continued
8 ......................................................
9 ......................................................
10 ....................................................
11 ....................................................
12 ....................................................
13 ....................................................
14 ....................................................
15 ....................................................
16 ....................................................
17 ....................................................
18 ....................................................
19 ....................................................
20 ....................................................
21 ....................................................
22 ....................................................
23 ....................................................
24 ....................................................
25 ....................................................
26 ....................................................
27 ....................................................
28 ....................................................
29 ....................................................
30 ....................................................
31 ....................................................
32 ....................................................
33 ....................................................
34 ....................................................
35 ....................................................
36 ....................................................
37 ....................................................
38 ....................................................
39 ....................................................
40 ....................................................
41 ....................................................
42 ....................................................
43 ....................................................
44 ....................................................
45 ....................................................
46 ....................................................
47 ....................................................
48 ....................................................
49 ....................................................
50 ....................................................
51 ....................................................
52 ....................................................
53 ....................................................
54 ....................................................
55 ....................................................
56 ....................................................
57 ....................................................
58 ....................................................
59 ....................................................
60 ....................................................
61 ....................................................
62 ....................................................
63 ....................................................
64 ....................................................
65 ....................................................
66 ....................................................
67 ....................................................
68 ....................................................
69 ....................................................
70 ....................................................
1,268
1,347
1,429
1,506
1,585
1,666
1,744
1,823
1,901
1,981
2,378
2,774
3,168
3,416
3,963
4,358
4,756
5,152
5,549
5,944
6,341
6,738
7,134
7,529
7,925
8,324
8,719
9,113
9,511
9,907
10,304
10,699
11,097
11,492
11,888
12,283
12,682
13,078
13,475
13,872
14,268
14,662
15,058
15,456
15,851
16,247
16,644
17,041
17,437
17,832
18,230
18,626
19,021
19,418
19,815
8. In § 845.15, revise paragraph (b)
introductory text to read as follows:
■
§ 845.15 Assessment of separate
violations for each day.
*
*
*
*
*
(b) In addition to the civil penalty
provided for in paragraph (a) of this
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
PART 846—INDIVIDUAL CIVIL
PENALTIES
9. The authority citation for part 846
continues to read as follows:
■
Authority: 28 U.S.C. 2461, 30 U.S.C. 1201
et seq., and 31 U.S.C. 3701.
10. In § 846.14, revise the first
sentence of paragraph (b) to read as
follows:
■
§ 846.14
Amount of individual civil penalty.
*
*
*
*
*
(b) The penalty will not exceed
$19,815 for each violation. * * *
[FR Doc. 2023–08371 Filed 4–19–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0231]
RIN 1625–AA09
Drawbridge Operation Regulation; Old
River, Between Victoria Island and
Byron Tract, CA
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
The Coast Guard is
temporarily modifying the operating
schedule that governs the draw of the
California Department of Transportation
(Route 4) highway bridge, mile 14.8
between Victoria Island and Byron
Tract, CA. This action is necessary to
allow the bridge owner to complete
rehabilitation of the bridge after an
unexpected delay in construction
material delivery related to the COVID–
19 pandemic, vandalism, and inclement
weather.
DATES: This temporary interim rule is
effective from April 20, 2023 through 5
p.m. on November 30, 2023.
Comments and related material must
reach the Coast Guard on or before May
22, 2023.
SUMMARY:
E:\FR\FM\20APR1.SGM
20APR1
Federal Register / Vol. 88, No. 76 / Thursday, April 20, 2023 / Rules and Regulations
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type the docket
number (USCG–2023–0231) 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 Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
Caltrans California Department of
Transportation
CADFW California Department of Fish and
Wildlife
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
ddrumheller on DSK120RN23PROD with RULES1
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 nonoperational and will be non-operational
until rehabilitation work can be
completed.
On October 27, 2022 the Coast Guard
issued a General Deviation which
allowed the bridge owner, Caltrans, to
deviate from the current operating
schedule in 33 CFR 117.183 to conduct
major mechanical and electrical
rehabilitation of the bridge. Due to
delays in procuring materials,
vandalism of critical electrical
submarine cables, and an active winter
storm season, the project will run past
the end date of April 23, 2023 of the
General Deviation. The bridge cannot be
brought back to operating condition
until the delivery of the critical Program
Logic Control circuit and the
replacement or repairs to the submarine
cable can be made. Therefore, there is
VerDate Sep<11>2014
16:36 Apr 19, 2023
Jkt 259001
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
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 California Department of
Transportation (Route 4) highway
bridge, mile 14.8 between Victoria
Island and Byron Tract, CA. The
Caltrans Route 4 highway bridge has a
vertical clearance, in the closed
position, of 12.7 feet at mean high water
and unlimited vertical clearance when
opened.
The existing drawbridge regulation,
33 CFR 117.183, states that the draw of
the California Department of
Transportation (Route 4) highway
bridge, mile 14.8 between Victoria
Island and Byron Tract, shall open on
signal if at least four hours notice is
given to the drawtender at the Rio Vista
bridge across the Sacramento River,
mile 12.8. Caltrans, the bridge owner,
has requested this modification as
additional time is required to complete
the bridge rehabilitation.
Drawtender logs, during a previous
test deviation conducted May 5, 2021 to
August 7, 2021, recorded the following
number of CADFW vessel openings:
four in May, eight in June, four in July,
and two in August. One survey vessel
passed in July. No recreational or
commercial vessels requested an
opening of the bridge span during that
90-day test deviation.
IV. Discussion of the Rule
The Coast Guard is issuing this rule,
which permits a temporary deviation
from the operating schedule that
governs the California Department of
Transportation (Route 4) highway
bridge, mile 14.8 between Victoria
Island and Byron Tract, CA. This rule
allows the bridge to be secured in the
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Fmt 4700
Sfmt 4700
24337
closed-to-navigation position through 5
p.m. on November 30, 2023.
As part of the rehabilitation of the
bridge, Caltrans has removed and is
replacing all the electronics as well as
key mechanical components that control
the operation of the swing span. On
January 31, 2023, vandals caused
damage to one of the three newly
installed custom-made submarine
cables. On April 1, 2023 the contractor
informed Caltrans that the custom-made
Program Logic Control circuit, which is
the circuit that controls the operation of
the swing span, was delayed due to
supply chain issues. These two critical
components of bridge operations, as
well as an active storm season, have
caused the delay of the completion of
the rehabilitation of the bridge.
Currently, the swing span remains
inoperable until rehabilitation work is
completed. The anticipated completion
of the rehabilitation work is November
30, 2023.
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 little or no
commercial or recreational vessel traffic
will be impacted by this rule.
Furthermore, the swing span of the
bridge, as of date of the publication of
this rule, is not operational and cannot
resume operations until delivery of
delayed parts and the repair to or
replacement of the vandalized electrical
submarine cable is made.
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
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20APR1
24338
Federal Register / Vol. 88, No. 76 / Thursday, April 20, 2023 / Rules and Regulations
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.
ddrumheller on DSK120RN23PROD with RULES1
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
VerDate Sep<11>2014
16:36 Apr 19, 2023
Jkt 259001
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.
Victoria Island and Byron Tract need
not be opened for the passage of vessels.
Michael E. Campbell,
Rear Admiral, U.S. Coast Guard, Acting
Commander, Eleventh Coast Guard District.
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.
[FR Doc. 2023–08188 Filed 4–19–23; 8:45 am]
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.
AGENCY:
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
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. Revision No. 01.3.
2. Stay § 117.183 from April 20, 2023
until 5 p.m. on November 30, 2023.
■ 3. Add § 117.T184 to read as follows:
■
§ 117.T184
Old River.
The draw of the California
Department of Transportation (Route 4)
highway bridge, mile 14.8 between
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0336]
Safety Zones in Reentry Sites; Tampa,
and Tallahassee, Florida
Coast Guard, DHS.
Notification of enforcement of
regulation.
ACTION:
The Coast Guard is activating
two safety zones for the National
Aeronautics and Space Administration
(NASA) Commercial Resupply Service
27 (CRS 27) mission, reentry vehicle
splashdown, and recovery operations.
These operations will occur in the U.S.
Exclusive Economic Zone (EEZ). Our
regulation for safety zones in reentry
sites within the Seventh Coast Guard
District identifies the regulated areas for
this event. No U.S.-flagged vessel may
enter the safety zones unless authorized
by the Captain of the Port St. Petersburg
or a designated representative. Foreignflagged vessels are encouraged to remain
outside the safety zones.
DATES: The regulations in 33 CFR
165.T07–0806 will be enforced for the
safety zones identified in the
SUPPLEMENTARY INFORMATION section
below for the dates and times specified.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Marine Science Technician First
Class Regina Cuevas, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email Regina.L.Cuevas@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard Captain of the Port (COTP) St.
Petersburg is activating the Tampa and
Tallahassee site safety zones listed in 33
CFR 165.T07–0806(a)(4) and (a)(5), on
April 14, 2023 through April 17, 2023,
for the National Aeronautics and Space
Administration (NASA) Commercial
Resupply Service 27 (CRS 27) mission,
reentry vehicle splashdown, and the
associated recovery operations in the
U.S. EEZ. These safety zones are located
within the COTP St. Petersburg Area of
Responsibility (AOR) offshore of Tampa
SUMMARY:
E:\FR\FM\20APR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Rules and Regulations]
[Pages 24336-24338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08188]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0231]
RIN 1625-AA09
Drawbridge Operation Regulation; Old River, Between Victoria
Island and Byron Tract, 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 4) highway bridge, mile 14.8 between Victoria
Island and Byron Tract, CA. This action is necessary to allow the
bridge owner to complete rehabilitation of the bridge after an
unexpected delay in construction material delivery related to the
COVID-19 pandemic, vandalism, and inclement weather.
DATES: This temporary interim rule is effective from April 20, 2023
through 5 p.m. on November 30, 2023.
Comments and related material must reach the Coast Guard on or
before May 22, 2023.
[[Page 24337]]
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-2023-0231) 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
CADFW California Department of Fish and Wildlife
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 October 27, 2022 the Coast Guard issued a General Deviation
which allowed the bridge owner, Caltrans, to deviate from the current
operating schedule in 33 CFR 117.183 to conduct major mechanical and
electrical rehabilitation of the bridge. Due to delays in procuring
materials, vandalism of critical electrical submarine cables, and an
active winter storm season, the project will run past the end date of
April 23, 2023 of the General Deviation. The bridge cannot be brought
back to operating condition until the delivery of the critical Program
Logic Control circuit and the replacement or repairs to the submarine
cable can be made. 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 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 California Department of Transportation
(Route 4) highway bridge, mile 14.8 between Victoria Island and Byron
Tract, CA. The Caltrans Route 4 highway bridge has a vertical
clearance, in the closed position, of 12.7 feet at mean high water and
unlimited vertical clearance when opened.
The existing drawbridge regulation, 33 CFR 117.183, states that the
draw of the California Department of Transportation (Route 4) highway
bridge, mile 14.8 between Victoria Island and Byron Tract, shall open
on signal if at least four hours notice is given to the drawtender at
the Rio Vista bridge across the Sacramento River, mile 12.8. Caltrans,
the bridge owner, has requested this modification as additional time is
required to complete the bridge rehabilitation.
Drawtender logs, during a previous test deviation conducted May 5,
2021 to August 7, 2021, recorded the following number of CADFW vessel
openings: four in May, eight in June, four in July, and two in August.
One survey vessel passed in July. No recreational or commercial vessels
requested an opening of the bridge span during that 90-day test
deviation.
IV. Discussion of the Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs the California
Department of Transportation (Route 4) highway bridge, mile 14.8
between Victoria Island and Byron Tract, CA. This rule allows the
bridge to be secured in the closed-to-navigation position through 5
p.m. on November 30, 2023.
As part of the rehabilitation of the bridge, Caltrans has removed
and is replacing all the electronics as well as key mechanical
components that control the operation of the swing span. On January 31,
2023, vandals caused damage to one of the three newly installed custom-
made submarine cables. On April 1, 2023 the contractor informed
Caltrans that the custom-made Program Logic Control circuit, which is
the circuit that controls the operation of the swing span, was delayed
due to supply chain issues. These two critical components of bridge
operations, as well as an active storm season, have caused the delay of
the completion of the rehabilitation of the bridge. Currently, the
swing span remains inoperable until rehabilitation work is completed.
The anticipated completion of the rehabilitation work is November 30,
2023.
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
little or no commercial or recreational vessel traffic will be impacted
by this rule. Furthermore, the swing span of the bridge, as of date of
the publication of this rule, is not operational and cannot resume
operations until delivery of delayed parts and the repair to or
replacement of the vandalized electrical submarine cable is made.
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
[[Page 24338]]
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. Revision No. 01.3.
0
2. Stay Sec. 117.183 from April 20, 2023 until 5 p.m. on November 30,
2023.
0
3. Add Sec. 117.T184 to read as follows:
Sec. 117.T184 Old River.
The draw of the California Department of Transportation (Route 4)
highway bridge, mile 14.8 between Victoria Island and Byron Tract need
not be opened for the passage of vessels.
Michael E. Campbell,
Rear Admiral, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 2023-08188 Filed 4-19-23; 8:45 am]
BILLING CODE 9110-04-P
