[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Proposed Rules]
[Pages 27730-27732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12742]


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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, Madisonville, 
LA

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the State Route 22 Bridge (Madisonville (SR 22) swing span 
bridge) across the Tchefuncta River, mile 2.5, at Madisonville, St. 
Tammany Parish, Louisiana. This action is necessary to relieve 
vehicular traffic congestion along SR 22 near Madisonville, LA during 
peak, afternoon weekday traffic periods.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 16, 2018.

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 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LA-DOTD Louisiana Department of Transportation and Development
NPRM Notice of proposed rulemaking
Sec.  Section
SNPRM Supplemental notice of proposed rulemaking

II. Background, Purpose and Legal Basis

    The State Route 22 Bridge (Madisonville (SR 22) swing span bridge) 
across the Tchefuncta River, mile 2.5, at Madisonville, St. Tammany 
Parish, Louisiana, 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 opens on the hour and half hour, except that 
from 6 a.m. to 9 a.m. and from 4 p.m. to 7 p.m. Monday through Friday 
except federal holidays, the draw opens only on the hour. Navigation on 
the waterway consists primarily of recreational traffic as the largest 
commercial facility upstream of the bridge is no longer in service.
    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 (SR 22) swing span 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, we 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 over capacity at peak hours 
and causes unacceptable levels of delay to roadway traffic, which is 
compounded by the opening of the Madisonville (SR 22) swing span 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) swing span bridge would 
enhance the flow of vehicular traffic over SR 22. The NPRM proposed a 
change to the schedule of the Madisonville (SR 22) swing span 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, we received no comments.
    LA-DOTD planned to conduct a study of vehicular traffic flow over 
the bridge as it related to a four way stop sign and traffic light at 
the intersection of SR 22 and SR 21 during the temporary deviation 
period. The LA-DOTD planned to complete four separate traffic studies 
at this intersection: A baseline traffic analysis across the SR 22 
bridge with the original regulation and a four-way stop sign in place 
at the intersection of SR 22 and SR 21, a traffic analysis with the 
temporary deviation to the regulation and a four-way stop sign in place 
at the intersection of SR 22 and SR 21, a traffic analysis with the 
temporary deviation to the regulation and a traffic light in place at 
the intersection of SR 22 and SR 21, and a traffic analysis with the 
original regulation and a traffic light in place at the intersection of 
SR 22 and SR 21. On May 18, 2017, the temporary deviation expired at 
the end of its scheduled 180 days.

III. Discussion of Comments and Change

    On May 26, 2017, LA-DOTD requested that the Coast Guard permanently 
change the regulation based on information provided in the traffic 
study, which is available in the docket where indicated under 
ADDRESSES. LA-DOTD 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

[[Page 27731]]

population growth rates, and residential construction permit growth.
    LA-DOTD requested that the regulation change as follows:

    The draw on the SR 22 Bridge, mile 2.5, at Madisonville, shall 
open 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, except that the draw need not open for 
the passage of vessels at 8 a.m., 5 p.m. and 6 p.m. Monday through 
Friday except federal holidays. The bridge will open at any time an 
emergency.

    LA-DOTD's regulation change request has three components. First, it 
requests that the Coast Guard extend the daily openings from half-hour 
intervals to hourly intervals both on weekdays and on weekends. Second, 
it requests that the bridge stay closed at 8 a.m. on weekdays. Third, 
it requests that the bridge stay closed at 5 p.m. and 6 p.m. on 
weekdays.
    On December 12, 2017, the Coast Guard informed LA-DOTD by letter 
that there was still insufficient data or information to correlate 
bridge openings with traffic flow over this bridge for the hourly 
interval request and for the 8 a.m. weekday closure request, which is 
available in the docket where indicated under ADDRESSES. The LA-DOTD 
study did not collect traffic data for the time periods 6 a.m. through 
4 p.m., nor did the supplemental data sufficiently address changing the 
regulation at these times. However, the Coast Guard determined that 
there is a potential correlation between traffic congestion and bridge 
openings in the afternoon and that a regulation change may alleviate 
vehicular traffic while also providing for the reasonable needs of 
navigation.

IV. Discussion of Proposed Rule

    The Coast Guard has reviewed the data and information provided by 
LA-DOTD and has determined that there is a possible correlation between 
bridge openings for vessel traffic and vehicular congestion during peak 
traffic times from 4 p.m. to 6 p.m. Monday through Friday. This 
supplementary notice of proposed rulemaking (SNPRM) proposes to change 
the bridge operating schedule and allow the bridge to remain closed to 
marine traffic at the scheduled openings 4 p.m., 4:30 p.m., 5 p.m., and 
5:30 p.m. Monday through Friday except federal holidays. This would 
allow vehicles to travel unimpeded by bridge openings for a two and a 
half hour period during peak rush hours along SR 22 near Madisonville, 
LA. There are no other proposed changes to the operating schedule. The 
regulatory text we are proposing appears at the end of this document.

V. 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This SNPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the SNPRM 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 a reduction of 
commercial vessel traffic on this waterway, and the recreational 
powerboats and sailboats that routinely transit the bridge under the 
proposed schedule. 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. 
This regulatory action takes into account the reasonable needs of 
vessel and vehicular traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business 
Administration on the November 4, 2016 NPRM. 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 V.A 
above, this proposed rule would 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 proposed rule. If the proposed 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 proposed rule would not call for a 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.

[[Page 27732]]

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 would 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 proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
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 involves a change to the operating 
schedule of a drawbridge. It is categorically excluded from further 
review under paragraph L49 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. 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.

VI. 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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this SNPRM as being available in this docket 
and all public comments, will be in our online docket at http://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 when comments are posted or a 
final rule is published.

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 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:
    (a) From 6 a.m. to 9 a.m. Monday through Friday except federal 
holidays the draw need only open on the hour; and
    (b) From 4 p.m. to 5:30 p.m. Monday through Friday except federal 
holidays the draw need not open.

    Dated: June 7, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard,Commander, Eighth Coast Guard District.
[FR Doc. 2018-12742 Filed 6-13-18; 8:45 am]
BILLING CODE 9110-04-P