Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations 7239 

II. 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 https://

www.regulations.gov. If your material 

cannot be submitted using https://

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 https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this test 

deviation as being available in this 

docket and all public comments, will be 

in our online docket at https://

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. 

Dated: January 11, 2021. 

Douglas Allen Blakemore, Sr., 

Chief, Bridge Administration Branch, Eighth 

Coast Guard District. 

[FR Doc. 2021–01104 Filed 1–26–21; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

Douglas.A.Blakemore@uscg.mil. 

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 

§ 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 


khammond on DSKJM1Z7X2PROD with RULES
7240 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations 

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 

■ 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. 

■ 2. Revise § 117.681 to read as follows: 

§ 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] 

BILLING CODE 9110–04–P 


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