Drawbridge Operation Regulation; Middle River, near Discovery Bay, CA
| Published date | 11 January 2021 |
| Citation | 86 FR 1806 |
| Record Number | 2020-28041 |
| Section | Rules and Regulations |
| Court | Coast Guard |
1806
Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations
the party establishes good cause for its
failure to file a timely written objection.
(f) Substitution of copies for original
exhibits. The judge may permit a party
to withdraw original documents offered
in evidence and substitute accurate
copies of the originals.
(g) Designation of parts of documents.
When only a portion of a document
contains relevant matter, the offering
party must exclude the irrelevant parts
to the greatest extent practicable.
(h) Records in other proceedings.
Portions of the record of other
administrative proceedings, civil
actions, or criminal prosecutions may be
received in evidence, when the offering
party shows the copies are accurate.
Signed on this 14th day of December, 2020,
in Washington, DC.
Eugene Scalia,
Secretary of Labor.
[FR Doc. 2020–28049 Filed 1–8–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket Number USCG–2020–0137]
RIN 1625–AA09
Drawbridge Operation Regulation;
Middle River, near Discovery Bay, CA
AGENCY
: Coast Guard, Department of
Homeland Security (DHS).
ACTION
: Final rule.
SUMMARY
: The Coast Guard is changing
the operating schedule that governs the
Woodward Island Bridge across Middle
River, mile 11.8, near Discovery Bay,
CA. The proposed operating schedule
change will require the removable span
to open for vessels engaged in
emergency levee repairs.
DATES
: This rule is effective February
10, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0137 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, email
Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On September 20, 2017, the U.S.
Coast Guard issued San Joaquin County
a permit to construct the new removable
span Woodward Island Bridge across
Middle River, mile 11.8, near Discovery
Bay, CA. Construction was completed
on January 23, 2020. The new bridge
provides 30 feet of vertical clearance in
the closed-to-navigation position,
unlimited vertical clearance when the
span is removed, and 83 feet of
horizontal clearance, dolphin to
dolphin, measured normal to the
centerline of the channel. The opening
requirement for the newly constructed
Woodward Island Bridge over Middle
River is currently governed by 33 CFR
117.5, which requires prompt and full
opening for the passage of vessels when
a request or signal to open is given.
A three-year navigational analysis of
that portion of Middle River was
conducted between 2000 and 2003. The
results of the analysis indicated the
newly constructed bridge would meet
the reasonable needs of recreational
vessels that normally use the waterway.
Vessels which cannot transit the bridge
in the closed position have an alternate
route to reach the opposite side of the
bridge.
The Woodward Island Bridge was
designed with a removable span to
allow emergency vessels engaged in
levee repair to request an opening when
necessary. Since most recreational
vessels can transit the new Woodward
Island Bridge and there is an alternate
route around the bridge, there is no
need for an ‘‘open on demand’’
regulation as prescribed in 33 CFR
117.5.
On July 23, 2020, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled
‘‘Drawbridge Operation Regulation;
Middle River, near Discovery Bay, CA’’
(85 FR 44494). Further, on July 27, 2020,
Commander (dpw), Eleventh Coast
Guard District mailed notification of the
NPRM to 48 interested parties that have
known to use Middle River and
published a notification of the NPRM in
the Local Notice to Mariners, No. 30/20.
The Coast Guard received one comment
which was unrelated to the proposed
rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority at 33 U.S.C. 499.
The Woodward Island Bridge across
Middle River, mile 11.8, near Discovery
Bay, CA is a removable span bridge
which provides 30 feet of vertical
clearance in the closed-to-navigation
position, unlimited vertical clearance
when the span is removed, and 83 feet
of horizontal clearance, dolphin to
dolphin, measured normal to the
centerline of the channel. Most
recreational vessels can transit the
bridge in the closed-to-navigation
position. Vessels that cannot transit the
bridge while closed can take an
alternate route to reach either side of the
bridge.
This final rule will ensure that if
emergency levee repairs are needed
downstream of the bridge, tug and crane
barges will be able to request an opening
to allow passage.
IV. Discussion of Comments, Changes
and the Final Rule
As noted above, we received one
comment on our NPRM published on
July 23, 2020 that was unrelated to the
proposed rule. With the exception of a
non-substantive correction of a
typographical error in § 117.171(b),
there are no changes in the regulatory
text of this rule from the NPRM. The
final rule would require the removable
span to open for vessels engaged in
emergency levee repairs. This final rule
would meet the reasonable needs of
navigation.
V. Regulatory Analyses
We developed this 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, and we discuss First
Amendment rights of protesters.
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. 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) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations
This regulatory action determination
is based on the ability of the newly
constructed bridge to meet the
reasonable needs of recreational vessels
that normally use the waterway. Vessels
which cannot transit the bridge in the
closed position have an alternate route
to reach the opposite side of the bridge.
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 received no comments
from the Small Business Administration
on this rule. 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 (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 Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1.
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.
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;
and Department of Homeland Security
Delegation No. 0170.1.
■2. Amend § 117.171 by revising
paragraphs (b) and (c) and adding
paragraph (d) to read as follows:
§ 117.171 Middle River.
* * * * *
(b) The draw of the Burlington
Northern Santa Fe railroad bridge, mile
9.8 near Middle River Station, shall
open on signal if at least 12 hours notice
is given to the Burlington Northern
Santa Fe Railway Manager of Structures
at San Bernardino.
(c) The removable span of the
Woodward Island Bridge, mile 11.8 near
Discovery Bay, shall be removed as soon
as possible upon notification by the
District Commander that an emergency
exists which requires its removal.
(d) The California Route 4 Bridge,
mile 15.1, between Victoria Island and
Drexler Tract need not open for the
passage of vessels.
Dated: December 9, 2020.
Brian K. Penoyer,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 2020–28041 Filed 1–8–21; 8:45 am]
BILLING CODE 9110–04–P
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