[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Rules and Regulations]
[Pages 17055-17057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7272]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-04-007]
RIN 1625-AA09


Drawbridge Operation Regulation; Bayou Portage, Pass Christian, 
MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule; request for comments.

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SUMMARY: The Coast Guard is temporarily changing the requirements for 
the operation of the draw of the Henderson Avenue bascule span bridge 
across the Bayou Portage, mile 2.0 at Pass Christian, Harrison County, 
Mississippi. This temporary rule will establish the same two-hour 
notice requirement for an opening of the draw for the new bridge that 
were in effect for the old bridge prior to its removal. The new 
Henderson Avenue bascule span bridge has greater navigational 
clearances than the bridge it replaced and more vessels are expected to 
be able to transit the bridge without requiring an opening. The 
temporary rule will provide interim operating requirements for the 
Henderson Avenue bascule span bridge while the Coast Guard conducts a 
rulemaking to implement permanent regulations for the operation of the 
bridge. Comments must be received by June 1, 2004.

DATES: This rule is effective from 6 a.m. on April 10, 2004 through 6 
p.m. on October 10, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(obc), Eighth Coast Guard District, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310. Documents referred to in this rule are available 
for inspection or copying at the office of the Eighth Coast Guard 
District, Bridge Administration Branch, between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The Eighth District 
Bridge Administration Branch maintains the public docket for this 
rulemaking.

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

[[Page 17056]]


SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material on the temporary operating requirements. 
If you do so, please include your name and address, identify the docket 
number for this temporary 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 temporary rule in view of them.

Good Cause for Not Publishing an NPRM

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM and under 5 U.S.C. 553(d)(3), 
the Coast Guard finds good cause exists for making this rule effective 
in less than 30 days after publication in the Federal Register. This 
temporary rule establishes the same operating requirements for the new 
Henderson Avenue bascule span bridge that were in effect for the old 
bridge that was removed. The new bridge has greater navigational 
clearances than the bridge it replaced and more vessels are expected to 
be able to transit the bridge without requiring an opening.
    While the temporary rule is in effect, mariners and other 
interested parties may provide comments and information relative to the 
effectiveness of the temporary drawbridge operation change. The Coast 
Guard may change this temporary rule based on comments received.

Background and Purpose

    The old low-level bascule span bridge has been demolished and 
removed and the new, mid-level bascule span bridge is being constructed 
on the exact same alignment. It 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 was in place 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 required by 
33 CFR 117.5.
    Since the new bridge is constructed on the exact same alignment and 
it provides a 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 
requested than were required for the old bridge and has requested that 
a two-hour notice for an opening to navigation be established for the 
new bridge. This temporary rule will allow the bridge to operate on the 
same schedule as the old bridge six months, from April 10, 2004, 
through October 10, 2004. During this period, data will be collected, 
including the number of vessels which pass through the bridge each day, 
not requiring an opening and those that do require an opening. The 
Coast Guard will review the data including logs of drawbridge openings 
and evaluate public comment to help determine if a permanent special 
drawbridge operating regulation is appropriate.
    Concurrent with publishing this temporary rule, the Coast Guard is 
also publishing a notice of proposed rulemaking elsewhere in today's 
Federal Register, [CDD08-04-010], proposing to make this temporary 
requirement a permanent change to the bridge operation.
    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.
    The temporary rule provides that from 6 a.m. on April 10, 2004 
through 6 p.m. on October 10, 2004 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.

Regulatory Evaluation

    This 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 ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    A special operating regulation existed for the old bridge, which 
also required a two-hour notice for an opening of the draw. During the 
many years that the old bridge operated under that regulation, the 
Coast Guard did not received any complaints regarding the drawbridge 
operating schedule. The new replacement bridge provides significantly 
greater navigational clearances than the old bridge, and the number of 
openings are predicted to correlate with the increased clearances. 
Commercial navigation is expected to be able to move more freely 
through the new structure. We expect the economic impact of this 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 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 rule will 
not have a significant economic impact on a substantial 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 rule will have no impact on any small 
entities because the temporary regulation applies to a bridge with 
greater navigational clearances than the bridge it replaced which had 
the same regulation before it was removed.

Assistance for Small Entities

    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 so that they can better evaluate 
its effects on them and participate in the rulemaking process.
    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

[[Page 17057]]

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).

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).

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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in the preamble.

Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not cause an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this 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 rule under Commandant Instruction M16475.lD, 
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 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.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out 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; 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.


0
2. From 6 a.m. on April 10, 2004, through 6 p.m. on October 10, 2004, 
Sec.  117.T684 is added to read as follows:


Sec.  117.T684  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. 04-7272 Filed 3-31-04; 8:45 am]
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