Drawbridge Operation Regulation; Old River, Between Victoria Island and Byron Tract, CA, 83026-83028 [2023-26017]
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83026
Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
The International Dairy Foods
Association (IDFA) and Chobani, Inc.,
timely filed objections and requested a
hearing with respect to several
provisions in the 2021 final rule. In the
Federal Register of March 23, 2022 (87
FR 16394), we issued a notice providing
clarification on which provisions of the
final rule were stayed and which
requirements of the previous final rule
that we issued in 1981 (46 FR 9924)
were in effect pending final action. We
completed our evaluation of the
objections, and, on December 15, 2022,
we published a final rule denying
requests for a hearing with respect to all
but one of the objections, providing
modifications to certain provisions in
the 2021 final rule, and announcing that
the stay of effectiveness of provisions
for which hearings were denied was
lifted (87 FR 76559) (2022 final rule).
The 2022 final rule did not address
IDFA’s objections and request for a
hearing on the acidity requirement of
yogurt, and we instead addressed this in
a proposed order sent to IDFA and
posted to the docket for public review.
We did not receive any response to
the proposed order, and on April 14,
2023, we published a final order,
‘‘International Dairy Foods Association:
Response to the Objections and
Requests for a Public Hearing on the
Final Rule To Revoke the Standards for
Lowfat Yogurt and Nonfat Yogurt and
Amend the Standard for Yogurt’’ (88 FR
22907) (2023 final order). The 2023 final
order modified the acidity requirement
in 21 CFR 131.200(a) of the 2021 final
rule.
Manufacturers must begin complying
with the rule for products labeled on or
after January 1, 2024.
We examined the economic
implications of the final rule as required
by the Regulatory Flexibility Act (5
U.S.C. 601–612) and determined that
the final rule would have a significant
economic impact on a substantial
number of small entities. In compliance
with section 212 of the Small Business
Regulatory Enforcement Fairness Act
(Pub. L. 104–121, as amended by Pub.
L. 110–28), we are making available the
SECG to explain the actions that a small
entity must take to comply with the
rule.
We are issuing this SECG consistent
with our good guidance practices
regulation (21 CFR 10.115). The SECG
represents the current thinking of FDA
on this topic. It does not establish any
rights for any person and is not binding
on FDA or the public. You can use an
alternative approach if it satisfies the
requirements of the applicable statutes
and regulations.
VerDate Sep<11>2014
15:57 Nov 27, 2023
Jkt 262001
II. Paperwork Reduction Act of 1995
This guidance contains no collection
of information. Therefore, clearance by
the Office of Management and Budget
under the Paperwork Reduction Act of
1995 is not required.
III. Electronic Access
Persons with access to the internet
may obtain the SECG at https://
www.fda.gov/FoodGuidances, https://
www.fda.gov/regulatory-information/
search-fda-guidance-documents, or
https://www.regulations.gov. Use the
FDA website listed in the previous
sentence to find the most current
version of the guidance.
Dated: November 21, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023–26095 Filed 11–27–23; 8:45 am]
BILLING CODE 4164–01–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 delivery of custom
made electronics.
DATES:
Effective date: This temporary interim
rule is effective from 5 p.m. on
November 30, 2023, through 5 p.m. on
March 1, 2024.
Comments: Comments and related
material must reach the Coast Guard on
or before December 28, 2023.
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’’.
SUMMARY:
PO 00000
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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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations [Delete/add
any abbreviations not used/used in this
document]
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
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 ran past the
end date of April 23, 2023 of the
General Deviation. The bridge could not
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 could be made. On October 17,
2023, Caltrans informed the Coast Guard
that critical electronic components,
needed to complete the rehabilitation of
the bridge, were still on back-order and
not expected to be delivered in time for
a project completion deadline of
November 30, 2023. It is anticipated that
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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
the parts will be delivered in the
beginning of next year, the bridge work
complete and the span operational by
March 1, 2024. 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.
lotter on DSK11XQN23PROD with RULES1
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.
On October 27, 2022 the Coast Guard
issued a General Deviation which
allowed the bridge owner, Caltrans, to
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15:57 Nov 27, 2023
Jkt 262001
deviate from the current operating
schedule in 33 CFR 117.183 to conduct
major mechanical and electrical
rehabilitation of the bridge. Due to
various delays, the project ran past the
end date of April 23, 2023 of the
General Deviation. On April 20, 2023,
the Coast Guard published a temporary
interim rule with request for comments
that extended the deviation from the
operating schedule until November 30,
2023. 88 FR 24336. During the comment
period that ended May 22, 2023, no
comments were received.
On October 17, 2023, Caltrans
informed the Coast Guard that critical
electronic components, needed to
complete the rehabilitation of the
bridge, were still on back-order and not
expected to be delivered in time for a
project completion deadline of
November 30, 2023. It is anticipated that
the parts will be delivered in the
beginning of next year, the bridge work
complete and the span operational by
March 1, 2024. This temporary interim
rule allows for a further deviation from
the operating schedule until March 1,
2024.
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 March 1, 2024.
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, caused
the delay of the completion of the
rehabilitation of the bridge. On October
17, 2023, Caltrans informed the Coast
Guard that critical electronic
components, needed to complete the
rehabilitation of the bridge, were still on
back-order and not expected to be
delivered to meet the November 30,
2023 deadline to bring the swing span
PO 00000
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Fmt 4700
Sfmt 4700
83027
back into operation. It is anticipated that
the parts will be delivered in the
beginning of next year, the bridge work
complete and the span operational by
March 1, 2024. Currently, the swing
span remains inoperable until
rehabilitation work is completed. The
anticipated completion of the
rehabilitation work is March 1, 2024.
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, as amended by
Executive Order 14094 (Modernizing
Regulatory Review). 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
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.
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83028
Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
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.
lotter on DSK11XQN23PROD 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
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
VerDate Sep<11>2014
15:57 Nov 27, 2023
Jkt 262001
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
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. 00170.1. Revision No. 01.3
§ 117.183
[Amended]
2. Section 117.183 is stayed from
November 30, 2023, until 5 p.m. on
March 1, 2024.
■
3. Add section § 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
Victoria Island and Byron Tract need
not be opened for the passage of vessels.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Dated: November 20, 2023.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 2023–26017 Filed 11–27–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0898]
Safety Zone; Fireworks Displays
Within the Fifth Coast Guard District
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone for a fireworks display at
The Wharf DC on December 2, 2023, to
provide for the safety of life on
navigable waterways during this event.
Our regulation for Fireworks Displays
within the Fifth Coast Guard District
identifies the safety zone for this event
in Washington, DC. During the
enforcement period, vessels may not
enter, remain in, or transit through the
safety zone unless authorized to do so
by the COTP or his representative, and
vessels in the vicinity must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
DATES: The regulation in 33 CFR
165.506 will be enforced for the location
identified in line no. 1 of table 2 to 33
CFR 165.506(h)(2) from 7 p.m. until 9
p.m. on December 2, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email MST2 Hollie Givens, Sector
Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone
410–57–2596, email
MDNCRMarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
regulation for a fireworks display at The
Wharf DC from 7:00 p.m. to 9:00 p.m.
on December 2, 2023. This action is
being taken to provide for the safety of
life on navigable waterways during this
event. Our regulation for Fireworks
Displays within the Fifth Coast Guard
District, § 165.506, specifies the location
of the safety zone for the fireworks
show, which encompasses portions of
the Washington Channel in the Upper
Potomac River. During the enforcement
period, as reflected in § 165.506(b), if
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83026-83028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26017]
=======================================================================
-----------------------------------------------------------------------
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 delivery of custom made electronics.
DATES:
Effective date: This temporary interim rule is effective from 5
p.m. on November 30, 2023, through 5 p.m. on March 1, 2024.
Comments: Comments and related material must reach the Coast Guard
on or before December 28, 2023.
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 [Delete/add any abbreviations not used/used
in this document]
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 ran past the end date of April
23, 2023 of the General Deviation. The bridge could not 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
could be made. On October 17, 2023, Caltrans informed the Coast Guard
that critical electronic components, needed to complete the
rehabilitation of the bridge, were still on back-order and not expected
to be delivered in time for a project completion deadline of November
30, 2023. It is anticipated that
[[Page 83027]]
the parts will be delivered in the beginning of next year, the bridge
work complete and the span operational by March 1, 2024. 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.
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 various delays, the
project ran past the end date of April 23, 2023 of the General
Deviation. On April 20, 2023, the Coast Guard published a temporary
interim rule with request for comments that extended the deviation from
the operating schedule until November 30, 2023. 88 FR 24336. During the
comment period that ended May 22, 2023, no comments were received.
On October 17, 2023, Caltrans informed the Coast Guard that
critical electronic components, needed to complete the rehabilitation
of the bridge, were still on back-order and not expected to be
delivered in time for a project completion deadline of November 30,
2023. It is anticipated that the parts will be delivered in the
beginning of next year, the bridge work complete and the span
operational by March 1, 2024. This temporary interim rule allows for a
further deviation from the operating schedule until March 1, 2024.
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 March 1, 2024.
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, caused the delay of the
completion of the rehabilitation of the bridge. On October 17, 2023,
Caltrans informed the Coast Guard that critical electronic components,
needed to complete the rehabilitation of the bridge, were still on
back-order and not expected to be delivered to meet the November 30,
2023 deadline to bring the swing span back into operation. It is
anticipated that the parts will be delivered in the beginning of next
year, the bridge work complete and the span operational by March 1,
2024. Currently, the swing span remains inoperable until rehabilitation
work is completed. The anticipated completion of the rehabilitation
work is March 1, 2024.
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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). 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 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.
[[Page 83028]]
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. 00170.1. Revision No. 01.3
Sec. 117.183 [Amended]
0
2. Section 117.183 is stayed from November 30, 2023, until 5 p.m. on
March 1, 2024.
0
3. Add section 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.
Dated: November 20, 2023.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2023-26017 Filed 11-27-23; 8:45 am]
BILLING CODE 9110-04-P
