[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
Douglas.A.Blakemore@uscg.mil.

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

[[Page 43774]]

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

[[Page 43775]]

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]
BILLING CODE 9110-04-P


