[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Rules and Regulations]
[Pages 32864-32866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13308]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0063]
RIN 1625-AA09
Drawbridge Operation Regulation; Pelican Island Causeway,
Galveston Channel, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; effective period extended.
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SUMMARY: The Coast Guard is extending the temporary final rule changing
the operating schedule that governs the Pelican Island Causeway bridge
across Galveston Channel mile 4.5 (GIWW mile 356.1), at Galveston,
Texas. Extending this temporary final rule allows the bridge to remain
closed to navigation for an additional six months while major repairs
are conducted to the mechanical portions of the bascule span. The
additional time for these repairs is necessary due to a delay in
beginning the repairs resulting from construction and contractual needs
and delays.
DATES: This temporary final rule is effective from 6 a.m. on July 8,
2014 through 6 a.m. on December 31, 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 Cheryl Collins, 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
On April 5, 2013, we published a temporary final rule entitled
``Drawbridge Operating Regulations; Pelican Island Causeway, Galveston
Channel, TX'' in the Federal Register (78 FR 20451). This temporary
final rule allows the Pelican Island Causeway bridge to remain closed
to navigation during certain times for necessary bridge repairs and is
effective through July 8, 2014. The Coast Guard is extending 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 because the Coast Guard is extending an already existing
temporary final rule. Completing the NRPM process is impracticable and
contrary to public interest because it would interrupt and delay the
scheduled and noticed repair work for this bridge. Continuing this
repair work without interruption requires the bridge to be closed to
navigation throughout the repair period. The scheduled start date for
the repair work was delayed and the existing temporary final rule,
although in effect, was not utilized until October, 2013. The time
required for the work necessary to repair the bridge remains 14 months,
requiring an extension to this temporary final rule and allowing repair
work to continue seamlessly. Further, while this closure has prevented
certain vessels from passing under the bridge, vessels will be able to
transit around the island through the Galveston Channel. This route
involves 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. An inspection by the Texas Department of Transportation (TXDOT)
and the Federal Highway Administration determined that the ``Rocker
Segmental Girder Tracks'' that allow the bridge to open and close were
severely damaged and in need of immediate repair. Due to the advanced
age of the bridge, replacement parts were not readily available and the
existing parts had to be removed and molds made to manufacture
replacement parts. During the planning stages for this work,
modifications to the work required contractual issues to be corrected,
delaying the start of the project approximately six months. During the
delay, the bridge continued to operate normally allowing for the
passage of vessels through the bridge. Due to the fact that the start
of the project was delayed and the total time of the repair did not
change, the extension of the temporary final rule is necessary to
accommodate completing repairs.
Under the existing operating schedule, before the temporary final
rule, the bridge operated as follows: 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.
[[Page 32865]]
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.
Originally, TXDOT issued a contract for the repairs and the
contractor was to begin on May 6, 2013. Due to unforeseen modifications
to the project, the start date of the repair work was delayed requiring
the repairs to continue past the original expiration date of the
temporary final rule. The Corps of Engineers, the Port of Galveston,
waterway users and the Coast Guard discussed the need for the extension
of 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, involving an additional distance of up to three miles, with
little or no interruption to their services.
C. Discussion of Temporary Final Rule
The extended temporary final rule allows the bridge owner to
continue the necessary repairs to the bridge that include: The removal
of the rocker segmental girder track for repair/replacement of the
damaged parts of the track. Removal of the track rendered the bridge
inoperable with regards to opening for the passage of vessels. The
necessary repairs and this related temporary final rule were scheduled
to begin on May 6, 2013. The repairs requiring the bridge to remain
closed to navigation actually began in October, 2013, subsequently
delaying the need for the temporary final rule. Due to the initial
delay, completion of the repairs is expected to take until December
2014. The end of this temporary final rule is therefore extended from
July 8, 2014 until December 31, 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. It is
understood that the work is necessary for the continued operation of
the bridge and by allowing repairs to continue without interruption,
the possibility of catastrophic failure of the movable bridge is
further reduced. 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 December
31, 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, involving 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 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,
[[Page 32866]]
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 an additional six 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
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. Effective 6 a.m. on July 8, 2014 until 6 a.m. on December 31, 2014,
suspend Sec. 117.966 and 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.
Dated: May 19, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2014-13308 Filed 6-6-14; 8:45 am]
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