Rule2022-04860
Drawbridge Operation Regulation; 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
March 8, 2022
Effective
April 7, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is 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 along SR 22 near Madisonville, LA during peak traffic periods on weekdays.
Full Text
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<title>Federal Register, Volume 87 Issue 45 (Tuesday, March 8, 2022)</title>
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[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Rules and Regulations]
[Pages 12860-12861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04860]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0963]
RIN 1625-AA09
Drawbridge Operation Regulation; Tchefuncta River
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is 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 along SR 22
near Madisonville, LA during peak traffic periods on weekdays.
DATES: This rule is effective April 7, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type USCG-
2016-0963 in the ``SEARCH'' box and click ``SEARCH.'' In the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email call or email Mr. Doug Blakemore, Eighth Coast Guard
District Bridge Administrator; telephone (504) 671-2128, email
<a href="/cdn-cgi/l/email-protection#d99db6acbeb5b8aaf798f79bb5b8b2bcb4b6abbc99acaababef7b4b0b5"><span class="__cf_email__" data-cfemail="7b3f140e1c171a08553a5539171a101e1614091e3b0e08181c55161217">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
SR State Road
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard has published numerous rulemaking documents in the
Federal Register on this bridge: A temporary deviation to the
regulations November 4, 2016 (81 FR 76866); NPRM November 4, 2016 (81
FR 76889); a Supplemental NPRM June 14, 2018 (83 FR 27730); and a final
rule October 25, 2018 (85 FR 53810). Each rulemaking addressed changing
the operating schedule to the bridge to relieve vehicle congestion
along SR 22 in Madisonville, LA.
On April 23, 2021 the Town of Madisonville, LA requested that the
Coast Guard revisit changing the operating schedule and close the
drawbridge to vessel traffic during morning vehicle peak periods and
that the bridge only open to vessels during the day on the hour. The
Coast Guard published a NPRM August 31, 2021 (86 FR 48923) to solicit
public comments on this proposed rule change.
The Coast Guard determined that the Town of Madisonville had
provided sufficient information to relieve vehicle congestion by
closing the bridge to vessel traffic from 6 a.m. to 8 a.m. and 4 p.m.
to 6 p.m. and opening the bridge from 8 a.m. to 4 p.m. on the hour vice
every half hour. This change allows vehicles to travel along SR 22
unimpeded by bridge openings for 2 two periods during the weekday
morning and afternoon commutes. It also decreases the number of times
that the bridge opens during the day by opening on the hour for vessels
to pass 7 days a week. During the comment period that ended on November
1, 2021, we received 18 comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Eighth Coast Guard District Commander has determined that this
change to the operating schedule of the Madisonville (SR 22) swing span
drawbridge across the Tchefuncta River mile 2.5, Madisonville, St.
Tammany Parish, Louisiana allows it to remain closed to marine traffic
for 2 two hour periods and to open on the hour during days is necessary
and reasonable. The purpose of this rule is to alleviate vehicle
congestion on SR 22 and meet the reasonable needs of vessels to use the
Tchefuncta River.
IV. Discussion of Comments, Changes and the Final Rule
As mentioned above we received 18 comments on the NPRM published
August 1, 2021. Fifteen comments were in favor of the rule change. One
comment was against the rule change and 2 comments addressed other
issues not related to the NPRM. The commenter against the rule stated
that the rule would have little impact to vehicle traffic because there
are few bridge openings during weekdays, minimal openings in the
afternoon peak vehicle traffic hours and there are minimal bridge
openings on the weekends.
Vehicle congestion along SR 22 is well documented by other public
comments, meetings, and data and information gathered during this rule
change. Vehicle congestion is particularly significant during morning
and evening commuting and school hours. In promulgating drawbridge
rules the Coast Guard balances the needs of land transportation and
vessel traffic. The bridge opens on average 8 times per day Monday
through Sunday. The rule will provide a positive impact to vehicle
traffic by reducing the amount of time that the bridge is required to
open and will provide vessels with the reasonable ability to use the
waterway.
This final rule changes the Madisonville (SR 22) swing span bridge
operating schedule and allows the bridge to 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 from 6 a.m. to 8 a.m. and from 4 p.m. to 6 p.m. The
bridge opens on signal from 6 p.m. to 6 a.m. each day. This allows
vehicles to travel along SR 22 near Madisonville, LA unimpeded by
bridge openings at the above times. There are no other changes to the
operating schedule. The regulatory text appears at the end of this
document.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it 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.
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
[[Page 12861]]
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 received no comments
from the Small Business Administration on this rule. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will 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 rule will not have a significant economic impact on any
vessel owner or operator.
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
section.
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.
C. 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).
D. Federalism and Indian Tribal Government
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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this 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 rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further 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.
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.
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; 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 SR 22 Bridge, mile 2.5, at Madisonville, LA shall
operate according to the following schedule. On Monday through Friday
the draw will operate as follows: From 6 p.m. to 5:59 a.m. the draw
will open on signal; from 6 a.m. to 7:59 a.m. the draw need not open;
from 8 a.m. to 4 p.m. the draw will open on signal on the hour; from
4:01 p.m. to 6 p.m. the draw need not open. On Saturday and Sunday the
draw will operate as follows: From 6 p.m. to 6 a.m. the draw will open
on signal; from 6 a.m. to 6 p.m. the draw will open on signal on the
hour.
Dated: February 3, 2022.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2022-04860 Filed 3-7-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 8, 2022.
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.