[Federal Register: April 1, 2004 (Volume 69, Number 63)]
[Proposed Rules]
[Page 17122-17124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap04-37]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-04-010]
RIN 1625-AA09
Drawbridge Operation Regulation; Bayou Portage, Pass Christian,
MS
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating requirements
for the Henderson Avenue bascule span bridge, across Bayou Portage at
Pass Christian, Mississippi. Presently, the bridge is required to open
on signal. The proposed rule would require that a two-hour advance
notice be provided for an opening of the draw to navigation.
DATES: Comments and related material must reach the Coast Guard on or
before June 30, 2004.
ADDRESSES: You may mail comments and related material to Commander
(obc), Eighth Coast Guard District, 500 Poydras Street, New Orleans,
Louisiana 70130-3310. The Commander, Eighth Coast Guard District,
Bridge Administration Branch maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at the Bridge Administration office between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration
Branch, telephone 504-589-2965.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this 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 proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a meeting by writing to Commander, Eighth Coast Guard
District, Bridge Administration Branch at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The old low-level Henderson Avenue bascule span bridge, across
Bayou Portage at Pass Christian, Mississippi, has been demolished and
removed and the new, mid-level bascule span bridge is being constructed
on the exact same alignment. The new bridge 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 previously existed 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 per 33 CFR 117.5.
Since the new bridge provides 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 required than was required for the old
bridge and that it is not necessary to have the bridge manned 24 hours
per day seven days per week. Therefore, they have requested that a two-
hour notice requirement for an opening to navigation be authorized for
the new bridge.
The Coast Guard agrees that the previous opening requirements are
appropriate for the new bridge. A temporary rule [CGD08-04-007] is
being published elsewhere in today's Federal Register to authorize the
proposed schedule for a six-month period from April 10, 2004 through
October 10, 2004, to allow the new bridge to operate under the same
requirements that existed for the old bridge. The temporary rule
provides that during this period, 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. During this period, the Coast
Guard is requesting public comments on the effects of the proposed 2-
hour notice requirement for openings of the draw to navigation and will
gather data on the number of vessels passing through the bridge each
day, and the number requiring and not requiring an opening. The Coast
Guard will review the data including logs of drawbridge openings and
evaluate public comment to help determine if the proposed permanent
special drawbridge operating regulation isappropriate.
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.
Discussion of Proposed Rule
The proposed rule change to 33 CFR part 117 would require that a
two-hour notice be given to the Harrison County Board of Supervisors
for the bridge to be opened to navigation.
Regulatory Evaluation
This proposed 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
[[Page 17123]]
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security.
A special operating regulation existed for the old bridge, which
also required a two-hour notice for an opening of the draw. The Coast
Guard did not received any complaints regarding the drawbridge
operating schedule for the many years that the old bridge was operated
under that regulation. The new replacement bridge provides
significantly greater navigation clearances than the old bridge, and
the number of openings are predicted to correlate with the increased
clearances accordingly. Commercial navigation is expected to be able to
move more freely through the new structure. We expect the economic
impact of this proposed 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect a limited
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 proposed rule will have
no impact on any small entities because the proposed regulation applies
to a bridge with greater navigational clearances than the bridge it
replaced which had the same regulation before it was removed.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Eighth Coast Guard District
Bridge Administration Branch at the address above.
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.).
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 proposed 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 proposed rule will not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed 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 proposed 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 proposed 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. Since this
proposed rule will alter the normal operating conditions of the
drawbridges, it falls within this exclusion. A ``Categorical Exclusion
Determination'' is available in the docket indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
[[Page 17124]]
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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.
2. Section 117.684 is added to read as follows:
Sec. 117.684 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. 04-7271 Filed 3-31-04; 8:45 am]
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