[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Rules and Regulations]
[Pages 34351-34353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11673]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-05-034]
RIN 1625-AA09


Drawbridge Operation Regulation; Tchoutacabouffa River, Cedar 
Lake, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Eighth Coast Guard District, has temporarily 
changed the regulation governing the operation of the Cedar Lake Road 
Swing Span drawbridge across the Tchoutacabouffa River, mile 8.0, at 
Cedar Lake, Harrison County, Mississippi. The rule states that the draw 
of the bridge shall open on signal with twenty-four hours notice; 
except that the draw will remain closed to navigation Monday through 
Friday from June 27 through October 28, 2005 with the exception of July 
4, 2005. However, from August 1 through September 23, 2005 it will open 
on signal with twenty-four hours notice every other weekend, beginning 
with the weekend of August 13, 2005. The closure is necessary for 
remedial structural repairs to be made to the bridge that are essential 
for the continued operation of the draw span.

DATES: This temporary rule is effective from 7 a.m. on June 27, 2005 to 
6 p.m. on October 28, 2005.

ADDRESSES: Documents referred to in this rule are available for 
inspection or copying at the office of the Eighth Coast Guard District, 
Bridge Administration Branch, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310, between 7 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (504) 589-2965. The 
Eighth District Bridge Administration Branch maintains the public 
docket for this rulemaking.

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

SUPPLEMENTARY INFORMATION:

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. The City of Biloxi has 
recently become responsible for maintenance of this bridge and upon 
initial inspection, discovered that remedial structural repairs must be 
done expediently to prevent the waterway from being obstructed. As a 
result, publishing an NPRM would be contrary to the public interest.

Good Cause for Making Rule Effective in Less Than 30 Days

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. The required repairs must be done 
expediently because there is a substantial risk that emergency 
breakdowns will occur, causing the waterway to be obstructed for 
lengthy periods of time.

Background and Purpose

    The City of Biloxi has requested a temporary rule changing the 
operation of the bascule span drawbridge across the Tchoutacabouffa 
River, mile 8.0 at Cedar Lake, Harrison County, Mississippi. Recently, 
maintenance responsibility for the bridge was transferred from Harrison 
County to the City of Biloxi. City bridge engineers conducted an 
inspection of the bridge and found that the swing span of the bridge 
had numerous badly deteriorated steel structural members. In order to 
maintain the operation of the swing span in a safe, efficient manner, 
expedient remedial repair is needed. The contractor for the City of 
Biloxi plans to remove and replace existing structural members from 
June 27 through August 1, 2005. This will require closures of five days 
at a time. During the period between August 1 and September 23, 2005, 
the bridge will need to be closed to navigation to facilitate replacing 
steel members and adding additional steel members then balancing the 
swing span. During the period between September 23 and October 28, 
2005, the contractor will sand blast and paint the entire structure. 
This rule allows the draw of the bridge to remain closed to navigation 
continuously, Monday through Friday from June 27 through October 28, 
2005. It will open on signal with twenty-four hours notice every 
weekend during this period, except from August 1, 2005

[[Page 34352]]

through September 23, 2005 when it will open on signal with twenty-four 
hours notice every other weekend beginning with the weekend of August 
13, 2005.
    The bridge has a vertical clearance of 5 feet above mean high water 
in the closed-to-navigation position and unlimited in the open-to-
navigation position. Bridge tender logs show that the bridge opens to 
pass navigation approximately four times per month during the summer 
and fall. The majority of vessels that require an opening of the draw 
are recreational vessels. Bridge tender logs show that during the 
period between June 27, 2004 and October 28, 2004, the bridge was 
opened only four times for commercial fishing vessels and none for tugs 
with tows. The City of Biloxi has contacted the primary waterway users 
of the waterway, including commercial users, and advised them of the 
planned closures. The City of Biloxi has indicated to the Coast Guard 
that the waterway users will be able to schedule their operations when 
the bridge will be able to open to pass marine traffic.
    Presently, title 33, Code of Federal Regulations (CFR), part 
117.685 states: The draw of the Cedar Lake Road Bridge over the 
Tchoutacabouffa River, mile 8.0, shall open on signal if at least 
twenty-four hours notice is given.

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).
    There is not expected to be a significant impact due to the 
infrequency of vessel transits through the bridge. The City of Biloxi 
has contacted the users of the waterway who have indicated that they 
will be able to schedule their transits during the periods when the 
bridge will open to pass marine traffic.

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 temporary 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
through the Cedar Lake Road Bridge across the Tchoutacabouffa River 
during the closure. As stated above, there is not expected to be a 
significant impact due to the infrequency of vessel transits through 
the bridge. The City of Biloxi has contacted the users of the waterway 
who have indicated that they will be able to schedule their transits 
during the periods when the bridge will open to pass marine traffic.

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 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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

[[Page 34353]]

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this 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 temporary rule is categorically excluded, 
under figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation because it modifies an existing bridge 
operation regulation.

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 June 27, 2005 to October 28, 2005, Sec.  117.685 is suspended 
and a new Sec.  117.T684 is added to read as follows:


Sec.  117.T684  Tchoutacabouffa River.

    The draw of the Cedar Lake Road swing span bridge, Tchoutacabouffa 
River, mile 8.0, will open on signal with twenty-four hours notice; 
except that the draw will remain closed to navigation Monday through 
Friday with the exception of July 4, 2005. However, from August 1, 2005 
through September 23, 2005 it will open on signal with twenty-four 
hours notice every other weekend beginning with the weekend of August 
13, 2005.

    Dated: June 3, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-11673 Filed 6-13-05; 8:45 am]
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