[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Proposed Rules]
[Pages 58827-58829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23060]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2021-0181]
RIN 1625-AA09


Drawbridge Operation Regulation; Old River, Between Victoria 
Island and Byron Tract, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the California Department of Transportation (Route 4) highway 
bridge, across Old River, mile 14.8, between Victoria Island and Byron 
Tract, California. This action is proposed due to the infrequent amount 
of vessels requiring drawbridge openings on the waterway and will 
reduce unnecessary staffing of the drawbridge during periods of 
navigational inactivity while continuing to meet the reasonable needs 
of navigation. The proposed rulemaking would require vessels to provide 
a four-hour advance notification for a bridge opening. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before December 27, 2021.

ADDRESSES:  You may submit comments identified by docket number USCG-
2021-0181 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CADFW California Department of Fish and Wildlife
Caltrans California Department of Transportation
CFR Code of Federal Regulations
CCCO Contra Costa County Office of the Sheriff
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    Old River is a tidal distributary of the San Joaquin River that 
flows for about 40 miles and is navigable in its entirety. It is 
located in the southern portion of the San Joaquin River Delta. There 
are approximately 10 marinas on Old River and nearby waterways with two 
marinas upriver from the bridge. From 2011 through June 2020, the swing 
span opened for vessels 474 times, an average of 4.27 openings per 
month. Most openings have been for vessels operated by the CADFW (58%), 
followed by recreational vessels (22%), towboat-vessel assistance (9%), 
and tug and barge units (6%). Law enforcement and search and rescue 
vessels also used the waterway. The Caltrans (Route 4) highway bridge 
across Old River, mile 14.8, between Victoria Island and Byron Tract, 
is a swing span drawbridge. It provides a horizontal clearance of 98 
feet and a vertical clearance of 12.7 feet above mean high water in the 
closed position with unlimited vertical clearance when fully opened. 
The Caltrans (Route 4) highway bridge is currently governed by 33 CFR 
117.183, which requires the draw to open on signal from May 1 through 
October 31 from 6 a.m. to 10 p.m., and from November 1 through April 30 
from 9 a.m. to 5 p.m. At all other times, the

[[Page 58828]]

draw opens 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.
    Due to infrequent calls for drawbridge openings, Caltrans has 
requested a four- hour notification year-round for drawbridge openings 
at this location. A four-hour notification will allow Caltrans to use 
personnel more efficiently and reduce unnecessary staffing of the 
drawbridge during periods of navigational inactivity while continuing 
to meet the reasonable needs of navigation on the waterway.
    In order to gather public comments to the proposed operating 
schedule change, a test deviation was conducted from May 10, 2021 
through August 7, 2021. The notice of this test deviation was published 
in the Federal Register (83 FR 23278) on May 3, 2021. The purpose of 
the test deviation was to evaluate the possible impacts to navigation 
with the bridge operating under a 4-hour advance notice for openings. 
During the test deviation period CCCO submitted a comment, stating 
their office responds to calls for service, including emergency 
situations, south of the Caltrans (Route 4) highway bridge on Old 
River. Most of their patrol vessels exceed the bridge vertical 
clearance at mean high water, and cannot transit through the bridge in 
the closed position. CCCO concluded that a 4-hour advance notice for 
bridge openings would limit their ability to respond quickly to 
emergencies, thus jeopardizing public safety. In response, the Coast 
Guard cited 33 CFR 117.31(b) ``Drawbridge operations for emergency 
vessels,'' which states the drawtender shall take all reasonable 
measures to have the draw opened, regardless of the operating schedule 
of the draw, for passage of Federal, State, and local government 
vessels used for public safety. Drawtender logs, during the test 
deviation, recorded four CADFW vessels requested openings in May, eight 
CADFW vessels requested openings in June, four CADFW vessels and one 
survey vessel requested openings in July and two CADFW vessels 
requested openings in August. No recreational or commercial vessels 
requested an opening of the swing span during the 90 day test 
deviation.

III. Discussion of Proposed Rule

    The Coast Guard proposes to change the operating schedule that 
governs the California Department of Transportation (Route 4) highway 
bridge, across Old River, mile 14.8, between Victoria Island and Byron 
Tract, California.
    This proposed rule would implement regulations for the bridge to 
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.
    This proposed rule change would meet the reasonable needs of 
navigation on this portion of Old River.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice.

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 
proposed rule would 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 IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

[[Page 58829]]

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 proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; DHS Delegation No. 
0170.1.

0
2. Revise Sec.  117.183 to read as follows:


Sec.  117.183  Old River

    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.

    Dated: October 18, 2021.
Brian K. Penoyer,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2021-23060 Filed 10-22-21; 8:45 am]
BILLING CODE 9110-04-P


