[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Proposed Rules]
[Pages 59741-59743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24238]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0953]
RIN 1625-AA09


Drawbridge Operation Regulations; Lacombe Bayou, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the Tammany Trace swing bridge across Lacombe Bayou, mile 5.2, 
at Lacombe, St. Tammany Parish, Louisiana. This action is necessary to 
effectively coordinate Tammany Trace trail operations and maintenance 
with drawbridge operations.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 6, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0953 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
NPRM Notice of proposed rulemaking
STP St. Tammany Parish
Trace Tammany Trace
Sec.  Section

II. Background, Purpose and Legal Basis

    Saint Tammany Parish (STP) has requested to change the operating 
requirements for the Tammany Trace swing bridge across Lacombe Bayou, 
mile 5.2, at Lacombe, St. Tammany Parish, Louisiana. This bridge 
currently opens on signal according to 33 CFR 117.5. STP has requested 
to open the bridge if vessels provide 2 hours advance notification.
    This bridge spans the Tammany Trace which is a park area that is 
used by pedestrians and bicyclists. The Trace is open from 7 a.m. to 
7:30 p.m. daily. The bridge operates during Trace hours and is secured 
in the open to navigation position when the Trace is closed. This 
bridge has a vertical clearance of 9.7 feet above mean high water in 
the closed to vessel position and unlimited vertical clearance in the 
open to vessel traffic position. There are few vessel movements through 
this bridge. From 2015 through 2017 the bridge opened 197 times for 
vessel passage. This waterway is primarily used by recreational boaters 
in the Lacombe area and does not support commercial activity.
    In addition to bridge operations, STP bridge tenders assist with 
Trace bike, pedestrian and equestrian operations and maintenance. This 
change would

[[Page 59742]]

allow the parish to coordinate and schedule Tammany Trace requirements 
and provide for the reasonable needs of navigation.
    The Coast Guard is issuing this NPRM under authority 33 U.S.C. 499.

III. Discussion of Comments and Change

    The Coast Guard's decision to promulgate a drawbridge regulation 
depends primarily upon the effect of the proposed rule on navigation to 
assure that the rule provides for the reasonable needs of navigation 
after consideration of the rule on the impact to the public. The Coast 
Guard must ensure that bridges across navigable waters do not 
unreasonably obstruct waterway traffic and at the same time provide for 
the reasonable needs of land traffic. Drawbridge operations must 
balance the needs of vessel, vehicle, rail, pedestrian and recreational 
traffic in the overall public interest.
    Based on the number of times that this bridge has opened for vessel 
traffic in three years, the Coast Guard proposes that it is reasonable 
for vessels to provide a 2 hour advance notice to open the drawbridge.

IV. Discussion of Proposed Rule

    The Coast Guard has reviewed the data and information provided by 
STP and has determined that there should be no adverse impact on 
vessels ability to use Lacombe Bayou at the bridge location. 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 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) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the lack of 
commercial vessel traffic on this waterway, and the recreational boats 
that routinely transit the bridge under the proposed schedule. Those 
vessels with a vertical clearance requirement of less than 9.7 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 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.

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

[[Page 59743]]

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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.463 to read as follows:


Sec.  117.463  Lacombe Bayou

    (a) The draw of the US190 bridge, mile 6.8 at Lacombe, shall open 
on signal if at least 48 hours notice is given.
    (b) The draw of the Tammany Trace bridge, mile 5.2 at Lacombe, 
shall open on signal if at least 2 hours notice is given.

    Dated: February 6, 2019.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.

    Editorial Note: This document was submitted to the Office of the 
Federal Register on November 1, 2019.

[FR Doc. 2019-24238 Filed 11-5-19; 8:45 am]
 BILLING CODE 9110-04-P