[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Proposed Rules]
[Pages 43773-43775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14934]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0968]
RIN 1625-AA09
Drawbridge Operation Regulations; Old Fort Bayou, MS
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 State Road 609 highway bascule bridge across the Old Fort
Bayou mile 1.6, Ocean Springs, Harrison County, Mississippi. This
proposed action would allow the bridge to close to vessel traffic from
6:30 a.m. to 8:00 a.m. and from 4 p.m. to 6 p.m. Monday through Friday,
except federal holidays and require a 12 hour notification to open the
bridge to vessels on Thanksgiving Day, Christmas Day and New Year's
Day. This proposed action is intended to enhance vehicle safety and
allow the bridge owner to effectively manage bridge operations during
federal holidays.
DATES: Comments and related material must be received by the Coast
Guard on or before September 18, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0968 using Federal eRulemaking Portal at http://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Doug Blakemore, Eighth Coast
Guard District Bridge Administrator; telephone (504) 671-2128, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
MDOT Mississippi Department of Transportation
OMB Office of Management and Budget
Pub. L. Public Law
NPRM Notice of proposed rulemaking
Sec. Section
SR State Road
U.S.C. United States Code
II. Background, Purpose and Legal Basis
MDOT has requested to change the operating requirements for the SR
609 highway bascule bridge across the Old Fort Bayou mile 1.6, Ocean
Springs, Harrison County, MS. This bridge currently operates according
to 33 CFR part 117.681 and opens on signal; except that, from 9 p.m. to
5 a.m., the draw opens on signal if at least eight hour notice is
given. At this bridge location the waterway is used by small
commercial, recreational and fishing vessels. The bridge has a vertical
clearance of 26' above mean high water in the closed to vessel
position.
MDOT has requested two changes to the regulations. They asked to
close the bridge to vessel traffic from 6:30 a.m. to 8:00 a.m., from
10:45 a.m. to 12:30 p.m. and from 4 p.m. to 6 p.m. Monday through
Friday, except federal holidays and require a 12 hour notification to
open the bridge to vessels on Thanksgiving Day, Christmas Day and New
Year's Day. The first change is needed to prevent unsafe driving
conditions created when the bridge opens to vessels during morning and
evening commuting hours. The second change would allow MDOT to remove
the bridge tender during three federal holidays when there has been
almost no bridge openings.
The Coast Guard allowed MDOT to temporarily change the bridge
operating schedule to measure the impacts to vehicle traffic that were
created when the bridge opened to vessels. For a 120 day period the
bridge did not open to vessel traffic from 6:30 a.m. to 8:00 a.m.,
10:45 a.m. to 12:30 p.m. and from 4 p.m. to 6 p.m. Monday through
Friday, except federal holidays. The Coast Guard published a Notice of
Temporary Deviation from the regulations and a request for comments
concerning these changes on February 4, 2019, Federal Register Volume
84, number 23, Monday, February 4, 2019. Two comments were received
during this temporary deviation. 1 comment was in favor of the change
and one comment that did not refer to this regulation change. During
this period there were no vehicle or vessel queues created by this
temporary operating schedule.
After this temporary deviation the bridge returned to its normal
operating schedule. Over 88 days MDOT measured the vehicle and vessel
queues created when the bridge opened for vessels during the above
commute hours. MDOTs analysis of this data demonstrated that during the
above commuting periods vehicle queues were created when the bridge
opened for vessels and that the queues backed up traffic on SR 609 and
on U.S. Highway 90. U.S. 90 is located south of the bridge and
perpendicular to SR 609. These vehicle queues presented an increased
potential for rear end vehicle collisions on the U.S. 90 Highway. There
were no vessel queues during this period.
From 2014 through 2017 this bridge opened once for vessels on
Thanksgiving Day, Christmas Day and New Year's Day.
The Coast Guard is issuing this NPRM under authority 33 U.S.C. 499.
III. Discussion of Proposed Rule
The Coast Guard's decision to promulgate a drawbridge regulation
depends primarily upon the effect of the proposed rule on navigation to
assure that the rule provides for the reasonable needs of navigation
after consideration of the rule on the impact to the public. The Coast
Guard must ensure that bridges across navigable waters do not
unreasonably obstruct waterway traffic and at the same time provide for
the reasonable needs of land traffic. Drawbridge operations must
balance the needs of vessel, vehicle, rail, pedestrian and recreational
traffic in the overall public interest.
Closing the bridge to vessel traffic in the morning and evening
commuting hours appears to reduce vehicle queues while not creating
vessel queues. The reduction in vehicle queues enhances safety by
preventing vehicles from backing up on U.S. 90 highway.
Since vessel queues were not created during this test the Coast
Guard has determined that closing the bridge to
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vessel traffic in the morning and evening commute hours continues to
provide vessels with the reasonability to use the waterway.
The Coast Guard does not agree that the bridge should close to
vessels from 10:45 a.m. to 12:30 p.m. Allowing this change would add
another 1\1/2\ hours that vessels would have to wait to transit through
the bridge. This unreasonably impacts navigation. MDOT should implement
traffic measures during this time period to reduce vehicle queues.
Since this bridge opened once to vessels from 2014 through 2017 on
Thanksgiving Day, Christmas Day and New Year's Day, requiring a 12 hour
notice to open would not impact navigation.
Additionally the bridge is required to open for emergencies
according to 33 CFR 117.31.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the ability that
vessels can still open the draw and transit given advance notice. Those
vessels with a vertical clearance requirement of less than 26 feet
above mean high water may transit the bridge at any time. Additionally
according to 33 CFR 117.31(b) the drawtender shall take all reasonable
measures to have the draw opened, regardless of the operating schedule
of the draw, for passage of certain vessels during emergency
situations. We believe this proposed change to the drawbridge operation
regulations at 33 CFR 117.675(a) will meet the reasonable needs of
navigation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
The bridge provides a 26 foot vertical clearance at mean high water
that should accommodate most present vessel traffic and the bridge will
continue to open on signal during most daylight hours for any vessel
during the above federal holidays provided at least 12 hour notice is
given. 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.
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 proposed 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 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 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 above.
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 expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and U.S. Coast Guard 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). We have made a preliminary determination 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 this action 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.
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
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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 http://www.regulations.gov. If your material cannot be
submitted using http://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 http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://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 when comments are posted or a
final rule is published.
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 117.681 to read as follows:
Sec. 117.681 Old Fort Bayou.
The draw of the bridge, mile 1.6 at Ocean Springs, shall open on
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on
signal if at least eight hour notice is given; on Thanksgiving Day,
Christmas Day and New Year's Day the draw shall open on signal if at
least 12 hour notice is given; and the draw need not open to vessels
from 6:30 a.m. to 8 a.m. and from 4 p.m. to 6 p.m. Monday through
Friday except federal holidays. The draw shall open anytime at the
direction of the District Commander.
Dated: May 4, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-14934 Filed 7-17-20; 8:45 am]
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