[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Rules and Regulations]
[Pages 20451-20454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07908]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0063]
RIN 1625-AA09


Drawbridge Operation Regulations; Pelican Island Causeway, 
Galveston, Channel, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 20452]]

SUMMARY: The Coast Guard is temporarily changing the operating schedule 
that governs the Pelican Island Causeway bridge across Galveston 
Channel mile 4.5 (GIWW mile 356.1), at Galveston, Texas. The temporary 
change to the regulations will allow the bridge to remain closed to 
navigation while major repairs are conducted to the mechanical portions 
of the bascule span. Failure to complete the repairs in a timely manner 
may render the bridge completely inoperable for the passage of vessel 
traffic.

DATES: This temporary final rule is effective from May 6, 2013, until 
July 8, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0063. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email David Frank, Bridge Administration 
Branch, Coast Guard; telephone 504-671-2128, email 
[email protected]. If you have questions on viewing the docket, 
call Barbara Hairston, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Publishing an NRPM is impracticable because 
the severity of damage and subsequent repairs necessary for this bridge 
were not known until recently. In this case because the scheduled 
repair work involved requires the bridge to be closed to navigation 
throughout the repair period, failure to allow the repair work to 
proceed as expeditiously as possible may render the bridge inoperable 
due to a catastrophic failure of the machinery that opens and closes 
the bridge. If this were to occur, the bridge would have to be closed 
for a much longer period of time while the machinery failures are 
repaired. Further, while this closure will prevent certain vessels from 
passing under the bridge, vessels will be able to transit an alternate 
route around the island through the Galveston Channel, an additional 
distance of up to three miles.

B. Basis and Purpose

    The Pelican Island Causeway bridge, Galveston Channel mile 4.5 
(GIWW mile 356.1), at Galveston, Texas, is a bascule bridge connecting 
Galveston Island with Pelican Island in Galveston, Texas. The roadway 
is the only land route between the two islands and is a vital link to 
numerous facilities and to the Texas A&M University Galveston Maritime 
School. A recent inspection by the Texas Department of Transportation 
and the Federal Highway Administration has determined that the ``rocker 
segmental girder tracks'' that allow the bridge to open and close are 
severely damaged and in need of immediate repair. Due to the advanced 
age of the bridge, replacement parts are unavailable and the existing 
parts will have to be removed and molds will have to be made to 
manufacture replacement parts.
    Presently, in accordance with 33 CFR 117.966, the draw of the 
Pelican Island Causeway bridge across Galveston Channel, mile 4.5 of 
the Galveston Channel, (GIWW mile 356.1) at Galveston, Texas, shall 
open on signal; except that, from 6:40 a.m. to 8:10 a.m., 12 noon to 1 
p.m., and 4:15 p.m. to 5:15 p.m. Monday through Friday except Federal 
holidays, the draw need not be opened for passage of vessels. Public 
vessels of the United States and vessels in distress shall be passed at 
any time.
    Vessel traffic consists of mainly small tows and supply vessels, 
recreational boats and some commercial shrimpers. The bridge opens 
approximately 7 times per day for the passage of vessels. The vertical 
clearance of the bridge in the closed to navigation position is 13 feet 
above mean high water.
    Approximately 4000 vehicles cross the bridge in each direction 
daily. This includes students, factory and shipyard workers and 
delivery vehicles of all types.
    Failure to complete the repairs in a timely manner may cause a 
catastrophic failure of the bridge requiring a longer closure of the 
bridge to effect repairs. Presently, TXDOT has issued a contract for 
the repairs and the contractor is set to begin on May 6, 2013. The 
Corps of Engineers, the Port of Galveston, waterway users and the Coast 
Guard discussed the need for the closure with the bridge owner, TXDOT, 
FHWA, and the contractor to discuss ways to minimize the effects on 
navigation and understand the need for the work. These parties also 
acknowledge the fact that marine traffic can transit around the island 
through the Galveston Channel, an additional distance of up to three 
miles, with little or no interruption to their services.

C. Discussion of Temporary Final Rule

    The temporary final rule will allow the bridge to be left in the 
closed-to-navigation position and jacked up to facilitate the removal 
of the rocker segmental girder track for repair/replacement of the 
damaged parts of the track. Removal of the track renders the bridge 
inoperable with regards to opening for the passage of vessels. This 
rule is effective from 6 a.m. on May 6, 2013, until 6 a.m. on July 8, 
2014.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    This rule is not a significant regulatory action because it has 
been coordinated with those parties affected by the closure and it is 
understood that the work is necessary for the continued operation of 
the bridge and by allowing it to happen in a timely manner, it

[[Page 20453]]

further reduces the possibility of catastrophic failure of the movable 
bridge. Additionally, this closure will not significantly impact 
navigation in the area as marine traffic may transit around the island 
through the Galveston Channel, an additional distance of up to three 
miles.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 rule 
will not have a significant impact on a substantial number of small 
entities.
    This rule would affect the following entities, some of which may be 
small entities: The owners or operators of vessels with vertical 
clearance requirements of greater than 13 feet intending to transit 
beneath the bridge from 6 a.m. on May 6, 2013, until 6 a.m. on July 8, 
2014.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
bridge closure will prevent certain vessels from transiting beneath it; 
however, those vessels may safely transit around the island through the 
Galveston Channel, an additional distance of up to three miles.

3. 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. 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 person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. 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).

5. Federalism

    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 does not have implications for federalism.

6. 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 jeopardizing the safety or 
security of people, places or vessels.

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

8. Taking of Private Property

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

9. 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.

10. 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 create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves allowing a movable bridge to remain 
closed to navigation for 14 months and will not have any impact on the 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

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:


[[Page 20454]]


    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Effective 6 a.m. on May 6, 2013, until 6 a.m. on July 8, 2014, 
suspend Sec.  117.966.
0
3. Add Sec.  117.T966 to read as follows:


Sec.  117.T966  Pelican Island Causeway, Galveston Channel

    The draw of the Pelican Island Causeway bridge across Galveston 
Channel, mile 4.5 of the Galveston Channel, (GIWW mile 356.1) at 
Galveston, Texas, need not open for the passage of vessels. This rule 
is effective from 6 a.m. on May 6, 2013, until 6 a.m. on July 8, 2014.

    Dated: March 22, 2013.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2013-07908 Filed 4-4-13; 8:45 am]
BILLING CODE 9110-04-P