[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Proposed Rules]
[Pages 48923-48925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18640]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0963]
RIN 1625-AA09


Drawbridge Operation Regulations; Tchefuncta River

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes changing the operating schedule that 
governs the State Route 22 (SR 22) drawbridge across the Tchefuncta 
River mile 2.5, Madisonville, St. Tammany Parish, Louisiana. This 
action is necessary to relieve vehicular traffic congestion and enhance 
safety along SR 22 in Madisonville, LA.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 1, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0963 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Doug Blakemore, Eighth Coast 
Guard District Bridge Administrator; telephone (504) 671-2128, email 
<a href="/cdn-cgi/l/email-protection#0d4962786a616c7e234c234f616c666860627f684d787e6e6a23606461"><span class="__cf_email__" data-cfemail="51153e24363d30227f107f133d303a343c3e233411242232367f3c383d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
LADOTD Louisiana Department of Transportation and Development
OMB Office of Management and Budget
Pub. L. Public Law
NPRM Notice of proposed rulemaking
Sec.  Section
SR State Road
SNPRM Supplemental Notice of Proposed Rulemaking
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Town of Madisonville, Louisiana has requested to change the 
operating schedule of the State Route 22 Bridge (Madisonville SR 22 
drawbridge bridge) across the Tchefuncta River, mile 2.5, at 
Madisonville, St. Tammany Parish, Louisiana. This bridge is regulated 
under 33 CFR 117.500 and has a vertical clearance of 6.2 feet above 
Mean High Water in the closed-to-navigation position and unlimited 
clearance in the open-to-navigation position. The draw of this bridge 
opens on signal from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m. the draw 
need only open on the hour and half hour, except that: From 6 a.m. to 9 
a.m. Monday through Friday except federal holidays the draw need only 
open on the hour; and from 4 p.m. to 5:30 p.m. Monday through Friday 
except federal holidays the draw need not open. Navigation on the 
waterway consists primarily of recreational traffic.
    On November 4, 2016, at the request of the Louisiana Department of 
Transportation and Development (LA-DOTD), the Coast Guard issued a 
temporary deviation titled ``Drawbridge Operation Regulations; 
Tchefuncta River, Madisonville, LA'' (81 FR 76866). There, we stated 
that the 180-day deviation would test a temporary change to the 
operating schedule of the Madisonville (SR22) drawbridge bridge to 
determine whether a permanent change is necessary. From November 21, 
2016 through May 18, 2017, this deviation extended the time between 
openings from 30 minutes to an hour between 6 a.m. and 7 p.m. daily, 
and allowed the bridge to remain closed at 8 a.m., 5 p.m., and 6 p.m.. 
Monday through Friday except federal holidays. During the comment 
period that closed on January 18, 2017, the Coast Guard received no 
comments.
    On November 4, 2016, concurrent with the test deviation and on the 
basis of a recent traffic study conducted by LA-DOTD, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled ``Drawbridge 
Operation Regulations; Tchefuncta River, Madisonville, LA'' (81 FR 
76889). There, we stated that the traffic study indicated that the 
intersection of SR 22 and SR 21/SR1077 is overcapacity at peak hours 
and causes unacceptable levels of delay to roadway traffic, which is 
compounded by the opening of the Madisonville SR 22 drawbridge bridge 
during peak hours. The traffic study also indicated that a combination 
of modifications of the traffic controls at this intersection and the 
operating schedule of the Madisonville SR 22 drawbridge bridge would 
enhance the flow of vehicular traffic over SR 22. The NPRM proposed a 
change to the schedule of the Madisonville SR 22 drawbridge bridge that 
extended the time between openings from 30 minutes to an hour between 6 
a.m. and 7 p.m. daily, and allowed the bridge to remain closed at 8 
a.m., 5 p.m., and 6 p.m., Monday through Friday except federal 
holidays. During the comment period that closed on January 18, 2017, 
the Coast Guard received no comments.
    On July 16, 2018 at the request of LADOTD the Coast Guard published 
a Supplemental NPRM (SNPRM) in 83 FR 27730 to change the operating 
schedule to provide daily bridge openings from half-hour intervals to 
hourly intervals 7 days a week, close the bridge to vessels at 8 a.m., 
5 p.m. and 6 p.m. on weekdays. LADOTD had requested that the Coast 
Guard permanently change the regulation based on information provided 
in the traffic study and also provided supplemental data and 
information on the population growth in St. Tammany Parish, including 
information on vehicle traffic counts on SR 22 from 2015, the locations 
of schools in the vicinity of SR 22 that contribute to vehicle 
congestion, St. Tammany Parish projected population growth rates, and 
residential construction permit growth. During the comment period that 
closed on July 16 2018, the Coast Guard received 300

[[Page 48924]]

comments. The vast majority of comments supported the proposed 
regulation change. The Coast Guard concluded that there was sufficient 
information to change the regulation to allow the draw to not open to 
vessels on Mondays through Fridays from 4 p.m. to 5:30 p.m. and that 
the draw need only open on the hour from 6 a.m. to 9 a.m. The Coast 
Guard issued a final rule on this change on November 26, 2018 in 83 FR 
53810.

III. Discussion of Proposed Rule

    On April 23, 2021 the Town of Madisonville requested that the 
operating schedule on the SR 23 drawbridge be changed to relieve 
vehicle congestion during peak, afternoon weekday traffic and to 
alleviate safety concerns. In the April 23, 2021 letter the Town of 
Madisonville cited information and documentation from parish and local 
law enforcement and fire protection agencies identifying safety and 
fire protection concerns with the traffic congestion and bridge 
openings every 30 minutes during the day. They requested that the 
drawbridge regulation be changed to close the bridge to vessel traffic 
from 4 p.m. to 6 p.m. Monday-Friday and open the bridge on signal on 
the hour from 6 a.m. to 7 p.m. 7 days a week. This requested change 
would effectively close the bridge to vessels for a 4 hour period in 
afternoons Monday-Friday: 3 p.m. to 7 p.m.
    There appears to be sufficient information to change the 
regulations to open the bridge 7 days a week on the hour with the 
exception of morning and afternoon vehicle rush hours on Monday through 
Friday. On Monday through Friday there is sufficient information to 
close the bridge to vessels for 2 hour windows in the morning and 
afternoon.
    Additionally the bridge is required to open for emergencies 
according to 33 CFR 117.31.

IV. Regulatory Analyses

    We 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. 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
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice. 
Additionally those vessels with a vertical clearance requirement of 
less than 6.2 feet above mean high water may transit the bridge at any 
time, and the bridge will open in case of emergency at any time.

B. 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
    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 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 Governments

    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.

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 an 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, Rev.1, associated implementing 
instructions, and 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). The 
Coast Guard has determined 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 such 
actions are categorically excluded from further

[[Page 48925]]

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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. 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 NPRM 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.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  117.500 to read as follows:


Sec.  117.500  Tchefuncta River

    The draw of the S22 Bridge, mile 2.5, at Madisonville, LA shall 
open on signal from 6 p.m. to 6 a.m. The draw will open on signal on 
the hour from 6 a.m. to 6 p.m. except that on Monday through Friday the 
bridge will not open to vessels at 7 a.m. and 5 p.m. The bridge shall 
open anytime at the direction of the District Commander.

     Dated: August 19, 2021.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2021-18640 Filed 8-31-21; 8:45 am]
BILLING CODE 9110-04-P


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