Drawbridge Operation Regulation; Turner Cut, Near Stockton, CA, 88251-88253 [2023-28146]
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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
5. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
§ 165.918
[Amended]
6. Amend § 165.918 by removing the
words ‘‘Port Sault Sainte Marie’’ and
adding in their place the words ‘‘Port
Northern Great Lakes’’ in the section
heading and wherever they appear in
paragraphs (a)(1) through (3), (b), (d),
and (e).
■
§ 165.928
[Amended]
7. Amend § 165.928 in paragraph (g)
by removing the words ‘‘Sault Ste.
Marie’’ and adding in their place the
words ‘‘Northern Great Lakes’’.
■
§ 165.944
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NOTD Notice of Temporary Deviation
PG&E Pacific Gas and Electric
Pub. L. Public Law
RD2030 Reclamation District 2030
§ Section
U.S.C. United States Code
[Amended]
8. Amend § 165.944 in paragraphs
(d)(1) and (e) by removing the words
‘‘Sault Sainte Marie’’ and adding in
their place the words ‘‘Northern Great
Lakes’’.
■
Dated: December 18, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and
Administrative Law.
[FR Doc. 2023–28103 Filed 12–20–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0934]
RIN 1625–AA09
Drawbridge Operation Regulation;
Turner Cut, Near Stockton, 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
Zuckerman Brothers (McDonald Island)
bridge, mile 2.3, across Turner Cut, near
Stockton, CA. This action is necessary
to allow the bridge owner, Reclamation
District 2030 (RD2030), to complete
design plans and conduct repairs to the
bridge to bring it back to its normal
operating status.
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SUMMARY:
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15:43 Dec 20, 2023
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This temporary interim rule is
effective from December 21, 2023
through 5 p.m. on September 30, 2024.
Comments and related material must
reach the Coast Guard on or before
January 22, 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–2023–0934) 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:
DATES:
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 secured
closed and will be secured closed until
design plans are finalized, coordination
of construction schedule can be made
with landowners and PG&E, contractor
hired, and repairs completed.
On June 21, 2023, RD2030 notified the
Coast Guard that the Zuckerman
Brothers (McDonald Island) retractable
span bridge should not open for the
passage of vessels. The cause was the
gradual movement which squeezed the
abutments towards the center movable
steel section. The span cannot be
opened without the risk of it being stuck
in the open-to-navigation position. The
Zuckerman Brothers (McDonald Island)
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Sfmt 4700
88251
bridge is the only road in and out of
McDonald Island, which includes farms
and a PG&E station and wells. The Coast
Guard granted a Notice of Temporary
Deviation (NOTD) from the operating
schedule of the bridge, allowing the
span to be secured in the closed
position until repairs can be made. The
NOTD will expire at 7 a.m. on December
18, 2023. The design, coordination of
work with affected parties, and repair is
delayed. The retractable span will not
be operational at the expiration of the
NOTD. The Coast Guard received the
report of these delays on November 17,
2023. 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 because the
retractable span of the bridge is
currently secured closed and cannot be
operated until repairs are 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 Zuckerman Brothers
(McDonald Island) bridge, mile 2.3,
across Turner Cut, near Stockton, CA.
The Zuckerman Brothers (McDonald
Island) bridge has a vertical clearance,
in the closed position, of 16 feet at mean
high water and unlimited vertical
clearance when opened.
The existing drawbridge regulation,
33 CFR 117.5, states that the draw of the
Zuckerman Brothers (McDonald Island)
bridge must open for vessels if a signal
is given to do so. RD2030, the bridge
owner, has requested this modification
as additional time is required to
complete bridge repairs.
Drawtender logs from January 2022
through June 2023 indicate the span
opened on average, 2 times in January;
1 time in February; 1 time in March; 3
times in April; 11 times in May; 8 times
in June; 18 times in July; 6 times in
August; 7 times in September; 4 times
in October; 2 times in November; and 3
times in December. No complaints have
been received from mariners since the
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88252
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations
retractable span was secured closed on
June 21, 2023.
IV. Discussion of the Rule
The Coast Guard is issuing this rule,
which permits a temporary deviation
from the operating schedule that
governs the Zuckerman Brothers
(McDonald Island) bridge, mile 2.3,
across Turner Cut, near Stockton, CA.
This rule allows the bridge to be secured
in the closed-to-navigation position
through 5 p.m. on September 30, 2024.
RD2030 hired an engineering firm as
part of the design, planning and repairs
of the bridge. RD2030 and the engineers
are working to finalize the plans for the
repairs. RD2030 is also coordinating
construction time windows with
landowners on McDonald Island. PG&E
is currently conducting major well
rehabilitation on the island and have
limited windows where their access to
McDonald Island across the bridge can
be interrupted. These elements
contributed to the delay in the repairs
to the retractable span. Currently, the
retractable span is secured closed until
repairs are complete. The anticipated
completion of the repairs is September
30, 2024.
khammond on DSKJM1Z7X2PROD with RULES
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 retractable span of the
bridge, as of date of the publication of
this rule, should not be operated for fear
of becoming non-operational in the
partially open position until repairs can
be 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
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15:43 Dec 20, 2023
Jkt 262001
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
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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
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.
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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations
■
2. Add § 177.T200 to read as follows:
§ 117.T200
Turner Cut.
The draw of the Zuckerman Brothers
(McDonald Island) bridge, mile 2.3, near
Stockton need not open for the passage
of vessels.
[FR Doc. 2023–28098 Filed 12–20–23; 8:45 am]
BILLING CODE 1410–72–P
Dated: December 15, 2023.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard Commander,
Eleventh Coast Guard District.
LIBRARY OF CONGRESS
[FR Doc. 2023–28146 Filed 12–20–23; 8:45 am]
37 CFR Part 385
BILLING CODE 9110–04–P
[Docket No. 23–CRB–0014–PR–COLA
(2024)]
LIBRARY OF CONGRESS
Copyright Royalty Board
Cost of Living Adjustment to Royalty
Rates and Terms for Making and
Distributing Phonorecords; Correction
37 CFR Part 380
AGENCY:
[Docket No. 19–CRB–0005–WR (2021–2025)
COLA (2024)
Cost of Living Adjustment to Royalty
Rates for Webcaster Statutory License;
Correction
khammond on DSKJM1Z7X2PROD with RULES
Dated: December 15, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
Copyright Royalty Board
Copyright Royalty Board,
Library of Congress.
ACTION: Correcting amendments; cost of
living adjustment.
On December 12, 2023, the
Copyright Royalty Judges amended
regulations governing royalty rates for
AGENCY: Copyright Royalty Board (CRB), making and distributing physical
phonorecords and Permanent
Library of Congress.
Downloads of nondramatic musical
ACTION: Final rule; correction.
works pursuant to statutory license.
SUMMARY: On November 30, 2023, the
That document inadvertently omitted
Copyright Royalty Judges amended
figures related to calculation of the
regulations governing royalty rates that
adjusted rates and listed an incorrect
commercial and noncommercial
per-minute rate.
noninteractive webcasters pay for
DATES:
eligible transmissions pursuant to the
Effective date: December 21, 2023.
statutory licenses for the public
Applicability date: These rates and
performance of and for the making of
terms are applicable during the period
ephemeral reproductions of sound
from January 1, 2024, through December
recordings. That document contained an
31, 2024.
incorrect reference to a rate. This
FOR FURTHER INFORMATION CONTACT:
document corrects that reference.
Anita Brown, Program Specialist, (202)
DATES:
707–7658, crb@loc.gov.
Effective date: This correction is
SUPPLEMENTARY INFORMATION: This
effective December 20, 2023.
Applicability dates: The adjusted rates document provides an amplification of
as published on November 30, 2023, are the information in the SUPPLEMENTARY
applicable to the period January 1, 2024, INFORMATION section and a correction to
through December 31, 2024.
a rate in the Final Regulations in the
final rule/cost of living adjustment
FOR FURTHER INFORMATION CONTACT:
document published in the Federal
Anita Brown, (202) 707–7658, crb@
Register on December 12, 2023 (88 FR
loc.gov.
86058).
SUPPLEMENTARY INFORMATION: On
Section 115 of the Copyright Act, title
November 30, 2023, at 88 FR 83508, the
17
of the United States Code, creates a
Copyright Royalty Judges published a
statutory license for making and
rule that contained an incorrect
reference to a rate in the SUPPLEMENTARY distributing phonorecords of
nondramatic musical works. On
INFORMATION section. This document
December 16, 2022, the Copyright
corrects that reference.
Royalty Judges (Judges) adopted final
Correction
regulations governing the rates and
terms of copyright royalty payments
In the Federal Register of Thursday,
under that license for the license period
November 30, 2023, in FR Rule Doc.
2024–2027 for making and distributing
2023–26221, appearing on page 83508,
phonorecords of nondramatic musical
make the following correction:
1. On page 85309, in the first column, works. See 87 FR 76942.
Pursuant to those regulations, at least
in the fourth paragraph, correct
25 days before January 1 of each year,
‘‘$0.20025’’ to read ‘‘$0.0025’’.
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15:43 Dec 20, 2023
Jkt 262001
SUMMARY:
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88253
the Judges shall publish in the Federal
Register notice of a cost of living
adjustment (COLA) applicable to the
royalty fees for making and distributing
physical phonorecords and Permanent
Downloads. See 37 CFR 385.11.
The adjustment in the royalty fee
shall be based on a calculation of the
percentage increase in the Consumer
Price Index for All Urban Consumers
(CPI–U) published in November 2022
(298.012) 1 (‘‘base rate’’) according to the
formulas: for the per-work rate, (1 + (Cy
¥ 298.012 2)/298.012) × 12¢, rounded to
the nearest tenth of a cent; for the perminute rate, (1 + (Cy ¥ 298.012)/
298.012) × 2.31¢, rounded to the nearest
hundredth of a cent; where Cy is the
CPI–U published by the Secretary of
Labor before December 1 of the
preceding year. 37 CFR 385.11(a)(2).
The CPI–U published by the Secretary
of Labor from the most recent index
published before December 1, 2023, is
307.671.3 Applying the formulas in 37
CFR 385.11(a)(2) results in an increase
in the rates for 2024.
The adjusted rates for 2024 are 12.4
cents for the per-work rate and 2.38
cents for the per-minute rate.
Details of the required calculations
were inadvertently omitted from the
document published in the Federal
Register on December 12, 2023 (88 FR
86058). This document provides, in the
SUPPLEMENTARY INFORMATION section
herein, additional details of and results
of the calculations, and corrects the
amount for the per-minute rate in the
Final Regulations herein.
List of Subjects in 37 CFR Part 385
Copyright, Phonorecords, Recordings.
Final Regulations
In consideration of the foregoing, the
Judges correct part 385 of title 37 of the
Code of Federal Regulations by making
the following correcting amendment:
PART 385—RATES AND TERMS FOR
USE OF NONDRAMATIC MUSICAL
WORKS IN THE MAKING AND
DISTRIBUTING OF PHYSICAL AND
DIGITAL PHONORECORDS
1. The authority citation for part 385
continues to read as follows:
■
Authority: 17 U.S.C. 115, 801(b)(1),
804(b)(4).
1 The CPI–U published in November 2022 is
available at https://www.bls.gov/news.release/
archives/cpi_11102022.htm at Table 1.
2 Base rate.
3 The CPI–U announced on November 14, 2023,
by the Bureau of Labor Statistics in its Consumer
Price Index News Release—Consumer Price Index,
is available at https://www.bls.gov/news.release/
archives/cpi_11142023.htm at Table 1.
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]]>Agencies
[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88251-88253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28146]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0934]
RIN 1625-AA09
Drawbridge Operation Regulation; Turner Cut, Near Stockton, 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 Zuckerman Brothers (McDonald
Island) bridge, mile 2.3, across Turner Cut, near Stockton, CA. This
action is necessary to allow the bridge owner, Reclamation District
2030 (RD2030), to complete design plans and conduct repairs to the
bridge to bring it back to its normal operating status.
DATES: This temporary interim rule is effective from December 21, 2023
through 5 p.m. on September 30, 2024.
Comments and related material must reach the Coast Guard on or
before January 22, 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-2023-0934) 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NOTD Notice of Temporary Deviation
PG&E Pacific Gas and Electric
Pub. L. Public Law
RD2030 Reclamation District 2030
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 secured closed and will be secured closed
until design plans are finalized, coordination of construction schedule
can be made with landowners and PG&E, contractor hired, and repairs
completed.
On June 21, 2023, RD2030 notified the Coast Guard that the
Zuckerman Brothers (McDonald Island) retractable span bridge should not
open for the passage of vessels. The cause was the gradual movement
which squeezed the abutments towards the center movable steel section.
The span cannot be opened without the risk of it being stuck in the
open-to-navigation position. The Zuckerman Brothers (McDonald Island)
bridge is the only road in and out of McDonald Island, which includes
farms and a PG&E station and wells. The Coast Guard granted a Notice of
Temporary Deviation (NOTD) from the operating schedule of the bridge,
allowing the span to be secured in the closed position until repairs
can be made. The NOTD will expire at 7 a.m. on December 18, 2023. The
design, coordination of work with affected parties, and repair is
delayed. The retractable span will not be operational at the expiration
of the NOTD. The Coast Guard received the report of these delays on
November 17, 2023. 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 because the retractable span of the bridge is currently
secured closed and cannot be operated until repairs are 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 Zuckerman Brothers (McDonald Island) bridge,
mile 2.3, across Turner Cut, near Stockton, CA. The Zuckerman Brothers
(McDonald Island) bridge has a vertical clearance, in the closed
position, of 16 feet at mean high water and unlimited vertical
clearance when opened.
The existing drawbridge regulation, 33 CFR 117.5, states that the
draw of the Zuckerman Brothers (McDonald Island) bridge must open for
vessels if a signal is given to do so. RD2030, the bridge owner, has
requested this modification as additional time is required to complete
bridge repairs.
Drawtender logs from January 2022 through June 2023 indicate the
span opened on average, 2 times in January; 1 time in February; 1 time
in March; 3 times in April; 11 times in May; 8 times in June; 18 times
in July; 6 times in August; 7 times in September; 4 times in October; 2
times in November; and 3 times in December. No complaints have been
received from mariners since the
[[Page 88252]]
retractable span was secured closed on June 21, 2023.
IV. Discussion of the Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs the Zuckerman
Brothers (McDonald Island) bridge, mile 2.3, across Turner Cut, near
Stockton, CA. This rule allows the bridge to be secured in the closed-
to-navigation position through 5 p.m. on September 30, 2024.
RD2030 hired an engineering firm as part of the design, planning
and repairs of the bridge. RD2030 and the engineers are working to
finalize the plans for the repairs. RD2030 is also coordinating
construction time windows with landowners on McDonald Island. PG&E is
currently conducting major well rehabilitation on the island and have
limited windows where their access to McDonald Island across the bridge
can be interrupted. These elements contributed to the delay in the
repairs to the retractable span. Currently, the retractable span is
secured closed until repairs are complete. The anticipated completion
of the repairs is September 30, 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 retractable span of the bridge, as of
date of the publication of this rule, should not be operated for fear
of becoming non-operational in the partially open position until
repairs can be 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.
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.
[[Page 88253]]
0
2. Add Sec. 177.T200 to read as follows:
Sec. 117.T200 Turner Cut.
The draw of the Zuckerman Brothers (McDonald Island) bridge, mile
2.3, near Stockton need not open for the passage of vessels.
Dated: December 15, 2023.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard
District.
[FR Doc. 2023-28146 Filed 12-20-23; 8:45 am]
BILLING CODE 9110-04-P
