[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Rules and Regulations]
[Pages 7239-7240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28710]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0968]
RIN 1625-AA09


Drawbridge Operation Regulations; Old Fort Bayou, MS

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the State Road 609 highway bascule bridge across the Old Fort 
Bayou mile 1.6, Ocean Springs, Harrison County, Mississippi. This 
change was requested to address increased vehicular congestion, and 
allows Mississippi Department of Transportation to operate the bridge 
to meet vessel and traffic needs.

DATES: This rule is effective February 26, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2018-0968 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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
SR State Road
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On July 20, 2020 the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulations; Old Fort Bayou, 
MS in the Federal Register (85 FR 43773), to seek public comments on 
whether the Coast Guard should consider modifying the current operating 
schedule to the Old Fort Bayou drawbridge. We received 0 comments.

III. Discussion of Proposed Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Mississippi Department of Transportation (MDOT) requested to 
change the operating requirements for the SR 609 drawbridge across Old 
Fort Bayou, mile 1.6, Ocean Springs, Harrison County, Mississippi. This 
bridge currently operates according to the schedule found in 33 CFR 
part 117. MDOT requested to close the bridge to vessels during peak 
vehicle traffic periods, from 6:30 a.m. to 8:00 a.m. and from 4 p.m. to 
6 p.m. Monday through Friday, except federal holidays and to require a 
12 hour notification to open the bridge during periods of very little 
vessel traffic activity on Thanksgiving Day, Christmas Day and New 
Year's Day.
    This waterway is used by small tows and barges, commercial 
fisherman and recreational vessels. Closing the bridge to vessel 
traffic in the morning and evening commuting hours reduces vehicle 
queues and does not create vessel queues. The reduction in vehicle 
queues enhances safety by preventing vehicles from backing up on U.S. 
90 highway. This bridge opens infrequently to vessels on Thanksgiving 
Day, Christmas Day and New Year's Day, therefore requiring a 12 hour 
notification provides vessels with a reasonable ability to use Old Fort 
Bayou.
    Additionally the bridge is required to open for emergencies 
according to 33 CFR 117.31.

IV. Discussion of Comments, Changes and the Final Rule

    There were no comments on this rule change. The Coast Guard 
provided a comment period of 60 days. Based on the vessel data and 
bridge openings this rule provides vessels with a reasonable ability to 
use the waterway. We identified no impacts on marine navigation with 
this proposed rule.

V. Regulatory Analyses

    The Coast Guard 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

[[Page 7240]]

vessels with a vertical clearance requirement of less than 26 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 26 foot vertical clearance at mean high water 
that should accommodate most present vessel traffic and the bridge will 
continue to open on signal during most daylight hours for any vessel 
during the above federal holidays 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.

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:

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


0
2. Revise Sec.  117.681 to read as follows:


Sec.  117.681  Old Fort Bayou.

    The draw of the bridge, mile 1.6 at Ocean Springs, shall open on 
signal; except that, from 9 p.m. to 5 a.m., the draw shall open on 
signal if at least eight hour notice is given; on Thanksgiving Day, 
Christmas Day and New Year's Day the draw shall open on signal if at 
least 12 hour notice is given; and the draw need not open to vessels 
from 6:30 a.m. to 8 a.m. and from 4 p.m. to 6 p.m. Monday through 
Friday, except federal holidays. The draw shall open anytime at the 
direction of the District Commander.

    Dated: December 16, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-28710 Filed 1-26-21; 8:45 am]
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