[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Proposed Rules]
[Pages 28540-28541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09856]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0987]
RIN 1625-AA09


Drawbridge Operation Regulations; Back Bay of Biloxi, Biloxi, MS

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the I-110 bascule bridge across the Back Bay of Biloxi, mile 
3.0, Biloxi, Harrison County, Mississippi. This proposed action would 
require a 12 hour notification to open the bridge to vessels on 
Thanksgiving Day, Christmas Day and New Year's Day. The bridge has not 
opened for vessels on these holidays over a four year period. This 
proposed action is intended to allow the bridge owner to effectively 
manage bridge tender resources during these federal holidays.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 13, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0981 using Federal eRulemaking Portal at http://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
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    MDOT has requested to change the operating requirements for the I-
110 bascule bridge across the Back Bay of Biloxi, mile 3.0, Biloxi, 
Harrison County, Mississippi. This bridge currently opens according to 
33 CFR part 117.675(a) and opens on signal if at least six hour notice 
is given. MDOT has requested that on Thanksgiving Day, Christmas Day 
and New Year's Day the bridge will open on signal if at least 12 hour 
notice is given.
    At this bridge location the waterway is used by small commercial, 
recreational and fishing vessels. From 2014 through 2017 this bridge 
did not open for vessels on Thanksgiving Day, Christmas Day and New 
Year's Day. The bridge has a vertical clearance of 60' above mean high 
water in the closed to vessel position. Requiring a 12 hour notice to 
open provides a reasonable ability to use the waterway.
    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 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.
    Since this bridge has not opened for vessel traffic over a four 
year period on these federal holidays the Coast Guard proposes that it 
is reasonable for vessels to provide a 12 hour notice to open the 
drawbridge. We have not identified any impacts on marine navigation 
with this proposed rule. 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 60 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 60 foot vertical clearance at mean high water 
that should accommodate most present

[[Page 28541]]

vessel traffic and the bridge will continue to open on signal for any 
vessel 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 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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://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 proposes 
to amend 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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.675 paragraph (a) to read as follows:


Sec.  117.675  Back Bay of Biloxi

    (a) The draw of the I-110 bridge, mile 3.0 at Biloxi, shall open on 
signal if at least six hour notice is given; except that on 
Thanksgiving Day, Christmas Day and New Year's Day the draw shall open 
on signal if at least 12 hour notice is given. The draw shall open 
anytime at the direction of the District Commander.
    (b) The draw of the Popps Ferry Road bridge, mile 8.0, at Biloxi, 
shall open on signal; except that, from 7:30 a.m. to 9 a.m. and from 
4:30 p.m. to 6 p.m. Monday through Friday, except Federal holidays, the 
draw need not be opened for passage of vessels. The draw shall open at 
any time for a vessel in distress.
* * * * *

    Dated: May 4, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-09856 Filed 5-12-20; 8:45 am]
BILLING CODE 9110-04-P