9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-0463]
RIN 1625-AA09
Drawbridge Operation Regulation; Three Mile Slough, near Rio Vista, 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 160 bridge, across Three Mile
Slough, mile 0.1 near Rio Vista, CA. This action is necessary to allow the bridge owner to
complete electrical and mechanical rehabilitation of the bridge.
DATES: This temporary interim rule is effective from [INSERT DATE OF PUBLICATION IN
THE FEDERAL REGISTER] through 7 p.m. on August 30, 2024.
Comments and related material must reach the Coast Guard on or before [INSERT DATE 30
DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
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-2024-0463) 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 e-mail Carl Hausner, Chief, Bridge Section, Eleventh Coast Guard District;
telephone 510-437-3516, e-mail Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations

CFR
Caltrans
DHS
FR
NPRM
Pub. L.
§
U.S.C.

Code of Federal Regulations
California Department of Transportation
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Public Law
Section
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 December 14, 2023, the Coast Guard issued a General Deviation which allowed the
bridge owner, Caltrans, to deviate from the current operating schedule in 33 CFR 117.5 in order
to conduct major mechanical and electrical rehabilitation of the bridge. Due to delays caused by
weather, design changes, and supply chain issues the project will run past the end date of the
General Deviation on June 30, 2024. As such, the bridge cannot be brought back to operating
condition until the work is complete, which remains dependent on continuing good weather and
the resolution of supply chain issues. Therefore, there is insufficient time to provide a
reasonable comment period and then consider those comments before issuing the modification.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it
effective in less than 30 days after publication in the Federal Register. For reasons presented
above, delaying the effective date of this rule would be impracticable and contrary to the public
interest due to the fact that the bridge is currently inoperable and will not be back into operation
until the electrical and mechanical 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 draw of the
California Department of Transportation Route 160 bridge, across Three Mile Slough, mile 0.1
near Rio Vista, CA. The Route 160 bridge has a vertical clearance in the closed position of 12.4
feet at mean high water, and 107.4 feet of vertical clearance when in the fully opened-tonavigation position.
The existing drawbridge regulation, 33 CFR 117.5, states “Except as otherwise
authorized or required by this part, drawbridges must open promptly and fully for the passage of
vessels when a request or signal to open is given in accordance with this subpart.” Caltrans, the
bridge owner, has requested additional time to complete the bridge rehabilitation.
IV. Discussion of the Temporary Interim Rule
The Coast Guard is issuing this rule, which permits a temporary deviation from the
operating schedule that governs the draw of the California Department of Transportation Route
160 bridge, across Three Mile Slough, mile 0.1 near Rio Vista, CA. This rule allows the bridge
to be secured in the closed-to-navigation position through 7 p.m. on August 30, 2024.
As part of the bridge rehabilitation, Caltrans has removed and is replacing all the electrical
and key mechanical components that control the draw span's operation. On May 21, 2024,
Caltrans informed the Coast Guard their contractor had parts and material on backorder due to
supply chain issues, and the original design for the rehabilitation work needed revisions. In
addition, Caltrans informed the Coast Guard that delays due to weather extended the completion
date of the project. The supply chain issue, the redesign, and an active storm season have
delayed the completion of the bridge rehabilitation. Currently, the draw span remains inoperable

until the work is completed. The anticipated completion date for the rehabilitation is August 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. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the fact that even though vessels, which
require this draw span to open may be impacted by this action, vessels still can take an alternate
route to reach either side of the bridge. Furthermore, the draw span of the bridge, as of date of
the publication of this rule, is not operational and cannot resume operations until rehabilitation
work is complete.
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 (Public Law 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, Table3-1 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. 0170.1.
2. Add § 117.T198 to read as follows:
§ 117.T198 Three Mile Slough
The draw of the California Department of Transportation Route 160 bridge, mile 0.1,
near Rio Vista need not open for the passage of vessels.
Dated: June 26, 2024.

Andrew M. Sugimoto
Rear Admiral, U.S. Coast Guard
Commander, Eleventh Coast Guard District
[FR Doc. 2024-14545 Filed: 7/1/2024 8:45 am; Publication Date: 7/2/2024]