[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Proposed Rules]
[Pages 28542-28544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09855]



[[Page 28542]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0955]
RIN 1625-AA09


Drawbridge Operation Regulations; Belle River, 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 State Route 70 (SR 70), pontoon bridge across the Belle 
River mile 23.8, near Pierre Part, Assumption Parish, Louisiana. The 
bridge owner, the Louisiana Department of Transportation and 
Development (LA DOTD) provided the Coast Guard with information that 
demonstrated that significant vehicle queues were created during 
daylight hours in the months June, July and August and that these 
queues could be significantly decreased by changing the drawbridge 
operating schedule to open the bridge during the day on the hour 
instead of on signal as currently prescribed by regulations. This 
proposed action is intended to enhance vehicle safety and allow the 
bridge owner to effectively manage bridge operations during federal 
holidays.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 12, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0955 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
E.O. Executive Order
FR Federal Register
LA DOTD 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
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    LA DOTD has requested to change the operating requirements for the 
SR 70 pontoon bridge across the Belle River mile 23.8, near Pierre 
Part, Assumption Parish, LA. This bridge currently opens on signal, 
except that from 10 p.m. to 6 a.m. the draw shall open on signal if at 
least four hour notice is given according to 33 CFR part 117.424. LA 
DOTD requested this change because vehicle traffic has become heavily 
congested during June, July, and August. This waterway is heavily used 
by recreational vessels during the summer months. This bridge has a 
vertical clearance of zero feet in the closed to vessel traffic 
position and unlimited vertical clearance in the open to vessel traffic 
position.
    The Coast Guard allowed LA DOTD to temporarily change the bridge 
operating schedule to collect additional vehicle traffic data to 
measure the impact of bridge closures on traffic congestion. From 6 
a.m. on June 1, 2019 through 6 p.m. on August 31, 2019 the draw was 
allowed to open on signal on the hour from 6 a.m. to 10 p.m., and from 
10 p.m. to 6 a.m. the draw opened on signal if at least four hour 
notice is given. The bridge opened on signal for emergencies.
    The Coast Guard published a Notice of Temporary Deviation from the 
regulations and a request for comments concerning these changes on 
April 16, 2019 Federal Register Number 2019-07515. The comment period 
closed on September 23, 2019. Four comments were received. All 
commenters favored changing the regulation.
    After this temporary deviation the bridge returned to its normal 
operating schedule. Over this 105 day period LA DOTD measured the 
vehicle and vessel queues created when the bridge opened on the hour. 
LA DOTDs analysis of this data demonstrated that the average number of 
vehicles that were held in queue because of the bridge opening for 
vessels was reduced from 105 vehicles to 25 vehicles on average. During 
this period there were no vessel queues created by this temporary 
operating schedule.
    The Coast Guard is issuing this NPRM under the authority of 33 
U.S.C. 499.

III. Discussion of Proposed Rule

    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.
    Opening the bridge to vessel traffic on the hour instead of on 
signal appears to reduce vehicle queues while not creating vessel 
queues. The reduction in vehicle queues enhances safety by preventing 
vehicles from backing up on SR 70.
    Since vessel queues were not created during this test the Coast 
Guard has determined that this operating schedule continues to provide 
vessels with the reasonability to use the waterway.
    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. 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 ability that 
vessels can still open the draw and transit given advance notice. 
Additionally according to 33 CFR 117.31 (b) the drawtender shall take 
all reasonable measures to have the draw opened, regardless of the 
operating schedule of the draw, for passage of certain vessels during 
emergency situations. We believe this proposed change to the drawbridge 
operation regulations at 33 CFR 117.424 will meet the reasonable needs 
of navigation.

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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.
    The bridge will continue to open on signal on the hour during most 
daylight hours. 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, above 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 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 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.

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 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 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 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.
    Documents mentioned in this NPRM 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.  117.424 to read as follows:

[[Page 28544]]

Sec.  117.424  Belle River

    The draw of the SR70 bridge, mile 23.8 near Belle River, shall open 
on signal; except that, from 10 p.m. to 6 a.m., the draw shall open on 
signal if at least four hours notice is given, and from June 1 through 
August 31 the draw shall open on signal on the hour from 6 a.m. to 10 
p.m. The bridge shall open anytime at the direction of the District 
Commander.

    Dated: May 4, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-09855 Filed 5-12-20; 8:45 am]
BILLING CODE 9110-04-P