Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 48923 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6005 Class E Airspace 

Areas Extending Upward From 700 Feet 

or More Above the Surface of the Earth. 

* * * * * 

AGL MI E5 Frankfort, MI [Amended] 

Frankfort Dow Memorial Field, MI 

(Lat. 44°37′31′′ N, long. 86°12′03′′ W) 

That airspace extending upward from 

700 feet above the surface within a 7.2- 

mile radius of the Frankfort Dow 

Memorial Field. 

Issued in Fort Worth, Texas, on August 26, 

2021. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2021–18757 Filed 8–31–21; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 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 

LADOTD Louisiana Department of 

Transportation and Development 

OMB Office of Management and Budget 

Pub. L. Public Law 

NPRM Notice of proposed rulemaking 

§ 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
48924 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 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 

■ 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. 

■ 2. Revise § 117.500 to read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 11 

[Docket No. USCG–2020–0492] 

RIN 1625–AC64 

Towing Vessel Firefighting Training 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Coast Guard is proposing 

to revise the training requirements for 

national Merchant Mariner Credential 

endorsements as master of towing 

vessels (limited) or mate (pilot) of 

towing vessels on inland waters or 

Western Rivers routes. The proposal 

would provide mariners seeking these 

endorsements the option to take a 

modified basic firefighting course that 

eliminates training on equipment that is 

not required to be carried on towing 

vessels operating on inland waters or 

Western Rivers. Applicants who take 

the modified basic firefighting course 

would reduce their costs due to the 

courses being shorter and less expensive 

than the longer basic firefighting 

courses. 

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– 

2020–0492 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

Collection of information. Submit 

comments on the collection of 

information discussed in section VI.D. 

of this preamble both to the Coast 

Guard’s online docket and to the Office 

of Information and Regulatory Affairs 

(OIRA) in the White House Office of 

Management and Budget (OMB) using 

their website www.reginfo.gov/public/ 

do/PRAMain. Comments sent to OIRA 

on the collection of information must 

reach OMB on or before the comment 

due date listed on their website. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Mr. James Cavo, Coast Guard; 

telephone 202–372–1205, email 

James.D.Cavo@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

II. Abbreviations 

III. Basis and Purpose 

IV. Background 

V. Discussion of Proposed Rule 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

The Coast Guard views 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. 

Submitting comments. We encourage 

you to submit comments through the 


khammond on DSKJM1Z7X2PROD with PROPOSALS