Proposed Rule2021-18640
Drawbridge Operation Regulations; Tchefuncta River
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 1, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 167 (Wednesday, September 1, 2021)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18640]
=======================================================================
-----------------------------------------------------------------------
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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If your material cannot be
submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 1, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.