Drawbridge Operation Regulations; Old Fort Bayou, MS, 43773-43775 [2020-14934]
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Federal Register / Vol. 85, No. 139 / Monday, July 20, 2020 / Proposed Rules
17. The Stock Raising Homestead Act of
1916, 43 U.S.C. 291 et seq.
18. The Archaeological Resources
Protection Act of 1979, 16 U.S.C. 470aa et
seq., as amended.
19. The Constitution of the United States.
20. Surface Mining Control and
Reclamation Act of 1977, 30 U.S.C. 1201 et
seq., as amended.
21. 30 CFR Chapter VII.
22. The Constitution of the State of West
Virginia.
23. West Virginia Department of
Environmental Protection Permanent
Regulatory Program at 30 CFR part 948, as
amended.
24. West Virginia Surface Coal Mining and
Reclamation Act at W.Va. Code section 22–
3–1 et seq.
25. West Virginia Department of
Environmental Protection, Surface Mining
Reclamation Regulations, CSR section 38–2–
1 et seq.
26. The Office of Explosives and Blasting
at W.Va. Code section 22–3A–1 et seq.
27. The West Virginia Surface Mining
Blasting Rule, CSR section 199–1–1 et seq.
[FR Doc. 2020–14460 Filed 7–17–20; 8:45 am]
BILLING CODE 4310–05–P
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0968]
RIN 1625–AA09
Drawbridge Operation Regulations;
Old Fort Bayou, MS
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
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 https://www.regulations.gov.
SUMMARY:
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18:03 Jul 17, 2020
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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:
FOR FURTHER INFORMATION CONTACT:
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
§ Section
SR State Road
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
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
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43773
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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Federal Register / Vol. 85, No. 139 / Monday, July 20, 2020 / Proposed Rules
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 11⁄2 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.
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18:03 Jul 17, 2020
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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.
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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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Federal Register / Vol. 85, No. 139 / Monday, July 20, 2020 / Proposed Rules
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
the docket, visit https://
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 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
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
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. Revise § 117.681 to read as follows:
§ 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
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18:03 Jul 17, 2020
Jkt 250001
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
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 51
[NPS–WASO–29921; PPWOBSADC0;
PPMVSCS1Y.Y00000]
RIN 1024–AE57
Commercial Visitor Services;
Concession Contracts
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
The National Park Service
proposes to revise regulations that
govern the solicitation, award, and
administration of concession contracts
to provide commercial visitor services at
National Park Service units under the
authority granted through the
Concessions Management Improvement
Act of 1998 and the National Park
Service Centennial Act. The proposed
changes would reduce administrative
burdens and expand sustainable, high
quality, and contemporary
concessioner-provided visitor services
in national parks.
DATES: The NPS will accept comments
received or postmarked on or before
September 18, 2020. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. Eastern Standard Time on
the closing date.
ADDRESSES: You may submit your
comments, identified by Regulation
Identifier Number (RIN) 1024–AE57, by
any of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
(2) By hard copy: Mail to: Commercial
Services Program, National Park
Service, 1849 C Street NW, Mail Stop
2410, Concession Contracts Revised
Rule Comments, Washington DC 20240.
Instructions: Comments on the
proposed rule will not be accepted by
SUMMARY:
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43775
fax, email, or in any way other than
those specified above. All submissions
received must include the words
‘‘National Park Service’’ or ‘‘NPS’’ and
the RIN 1024–AE57. Comments received
may be posted without change to
www.regulations.gov, including any
personal information provided. The
NPS will not accept bulk comments in
any format (hard copy or electronic)
submitted on behalf of others.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov and search for
‘‘1024–AE57’’.
FOR FURTHER INFORMATION CONTACT: Kurt
Rausch, Chief of Commercial Services
Program, National Park Service; (202)
513–7202; kurt_rausch@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
Authority and Purpose
The National Park Service (NPS)
enters into contracts with concessioners
to provide commercial visitor services
in over 100 units of the National Park
System. Examples of such services
include lodging, food, retail, marinas,
transportation, and guided recreation.
Each year, concession contracts generate
approximately $1.5 billion in gross
revenues and return approximately $135
million in franchise fees to the NPS. The
National Park Service Concession
Policies Act of 1965 (1965 Act), Public
Law 89–249, provided the first statutory
authority for the NPS to issue
concession contracts. Since the repeal of
the 1965 Act, concession contracts have
been awarded under the Concessions
Management Improvement Act of 1998
(1998 Act), 54 U.S.C. 101901–101926. A
revision to the 1998 Act was also
included in section 502 of the 2016
National Park Service Centennial Act
(Pub. L. 114–289). NPS regulations in 36
CFR part 51 govern the solicitation and
award of concession contracts issued
under the 1998 Act and the
administration of concession contracts
issued under the 1965 and 1998 Acts.
The NPS promulgated these regulations
in April 2000 (65 FR 20630) and since
that time has made only minor changes
to them (see, e.g., 79 FR 58261).
In August of 2018, as part of the
Department of the Interior’s
implementation of Executive Order
13777, Enforcing the Regulatory Reform
Agenda, and in response to a request for
public input on how the Department of
the Interior can improve
implementation of regulatory reform
initiatives by identifying regulations for
modification (82 FR 28429), the NPS’s
external concessions partners provided
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]]>Agencies
[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 https://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
[[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 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 the
docket, visit https://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 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 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
