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Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Rules and Regulations 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 DHSs 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 websites 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. 202101104 Filed 12621; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 117
Docket No. USCG20180968

khammond on DSKJM1Z7X2PROD with RULES

RIN 1625AA09

Drawbridge Operation Regulations;
Old Fort Bayou, MS
Coast Guard, DHS.
Final rule.

AGENCY:
ACTION:

The Coast Guard is changing the operating schedule that governs the
SUMMARY:

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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
20180968 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 6712128, 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
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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 Years 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 Years 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
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