[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
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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.
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2. Effective 6 a.m. on May 6, 2013, until 6 a.m. on July 8, 2014,
suspend Sec. 117.966.
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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]
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