[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Proposed Rules]
[Pages 17122-17124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7271]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-04-010]
RIN 1625-AA09


Drawbridge Operation Regulation; Bayou Portage, Pass Christian, 
MS

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the operating requirements 
for the Henderson Avenue bascule span bridge, across Bayou Portage at 
Pass Christian, Mississippi. Presently, the bridge is required to open 
on signal. The proposed rule would require that a two-hour advance 
notice be provided for an opening of the draw to navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before June 30, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(obc), Eighth Coast Guard District, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310. The Commander, Eighth Coast Guard District, 
Bridge Administration Branch maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at the Bridge Administration office between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, telephone 504-589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD08-04-
010], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for a meeting by writing to Commander, Eighth Coast Guard 
District, Bridge Administration Branch at the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The old low-level Henderson Avenue bascule span bridge, across 
Bayou Portage at Pass Christian, Mississippi, has been demolished and 
removed and the new, mid-level bascule span bridge is being constructed 
on the exact same alignment. The new bridge will be opened to traffic 
and placed in service on April 10, 2004. The old bridge provided a 
vertical clearance of 11 feet above mean high water in the closed-to-
navigation position and a horizontal clearance of 70 feet between 
fenders. The replacement mid-level bascule span bridge provides a 
vertical clearance of 29.5 feet above mean high water in the closed-to-
navigation position with a horizontal clearance of 75.5 feet between 
fenders.
    A special operating regulation previously existed for the old 
bridge, which stated that the draw of the bridge would open on signal 
if at least two hours notice was given. When the old bridge was 
removed, the special operating regulation was removed. When the new 
bridge is completed and placed in service, it would normally be 
required to open on signal as per 33 CFR 117.5.
    Since the new bridge provides significantly greater vertical 
clearance in the closed-to-navigation position than the old bridge, the 
Harrison County Board of Supervisors predicts that even fewer 
navigation openings will be required than was required for the old 
bridge and that it is not necessary to have the bridge manned 24 hours 
per day seven days per week. Therefore, they have requested that a two-
hour notice requirement for an opening to navigation be authorized for 
the new bridge.
    The Coast Guard agrees that the previous opening requirements are 
appropriate for the new bridge. A temporary rule [CGD08-04-007] is 
being published elsewhere in today's Federal Register to authorize the 
proposed schedule for a six-month period from April 10, 2004 through 
October 10, 2004, to allow the new bridge to operate under the same 
requirements that existed for the old bridge. The temporary rule 
provides that during this period, the draw of the Henderson Avenue 
bascule span bridge across Bayou Portage, mile 2.0 at Pass Christian, 
MS will open on signal if at least two hours notice is given to the 
Harrison County Board of Supervisors. During this period, the Coast 
Guard is requesting public comments on the effects of the proposed 2-
hour notice requirement for openings of the draw to navigation and will 
gather data on the number of vessels passing through the bridge each 
day, and the number requiring and not requiring an opening. The Coast 
Guard will review the data including logs of drawbridge openings and 
evaluate public comment to help determine if the proposed permanent 
special drawbridge operating regulation isappropriate.
    Navigation at the site of the bridge consists primarily of 
recreational pleasure craft, including sailing vessels, and tugs with 
barges in tow which service one concrete facility upstream of the 
bridge. Alternate routes are not available to marine traffic.

Discussion of Proposed Rule

    The proposed rule change to 33 CFR part 117 would require that a 
two-hour notice be given to the Harrison County Board of Supervisors 
for the bridge to be opened to navigation.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not

[[Page 17123]]

``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security.
    A special operating regulation existed for the old bridge, which 
also required a two-hour notice for an opening of the draw. The Coast 
Guard did not received any complaints regarding the drawbridge 
operating schedule for the many years that the old bridge was operated 
under that regulation. The new replacement bridge provides 
significantly greater navigation clearances than the old bridge, and 
the number of openings are predicted to correlate with the increased 
clearances accordingly. Commercial navigation is expected to be able to 
move more freely through the new structure. We expect the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation under the regulatory policies and procedures of DHS is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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. This proposed rule would affect a limited 
number of small entities. These entities include the operators of 
vessels, which service a concrete facility, the only business located 
on Bayou Portage upstream of the bridge. This proposed rule will have 
no impact on any small entities because the proposed regulation applies 
to a bridge with greater navigational clearances than the bridge it 
replaced which had the same regulation before it was removed.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Eighth Coast Guard District 
Bridge Administration Branch at the address above.

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.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this proposed rule elsewhere 
in this preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this proposed rule is categorically excluded, 
under figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. Paragraph (32)(e) excludes the 
promulgation of operating regulations or procedures for drawbridges 
from the environmental documentation requirements of NEPA. Since this 
proposed rule will alter the normal operating conditions of the 
drawbridges, it falls within this exclusion. A ``Categorical Exclusion 
Determination'' is available in the docket indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

[[Page 17124]]

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub L. 102-587, 106 Stat. 5039.

    2. Section 117.684 is added to read as follows:


Sec.  117.684  Bayou Portage

    The draw of the Henderson Avenue bridge, mile 2.0, at Pass 
Christian, shall open on signal if at least two hours notice is given 
to the Harrison County Board of Supervisors.

    Dated: March 8, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-7271 Filed 3-31-04; 8:45 am]
BILLING CODE 4910-15-P