[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Rules and Regulations]
[Pages 45092-45094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16012]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


Drawbridge Operation Regulation; Lacombe Bayou, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Tammany Trace swing bridge across Lacombe Bayou, mile 5.2, 
at Lacombe, St. Tammany Parish, Louisiana. This bridge will open on 
signal if at least two hours notice is given. This rule is being 
changed because there are infrequent requests to open the bridge. This 
change allows St. Tammany Parish to open the bridge when needed by 
Tammany Trace park officials.

DATES: This rule is effective August 26, 2020.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 45093]]

available in the docket, go to https://www.regulations.gov. Type USCG-
2018-0953 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
STP St. Tammany Parish
Trace Tammany Trace
U.S.C. United States Code

II. Background Information and Regulatory History

    On November 6, 2019 the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulations; Lacombe Bayou, LA 
in the Federal Register (84 FR 59741), to seek public comments on 
whether the Coast Guard should consider modifying the current operating 
schedule to the Tammany Trace drawbridge. We received 0 comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    St. Tammany Parish (STP) 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 part 117.5. STP 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 park is open from 7 a.m. to 
7:30 p.m. daily. The bridge operates during park hours and is secured 
in the open to navigation position when the park 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. This waterway is primarily used by 
recreational boaters in the Lacombe area and does not support 
commercial activity. The STP bridge operators also perform park 
official activities including bike, pedestrian and equestrian 
operations and maintenance. There are few vessel movements through this 
bridge. From 2015 through 2017 the bridge opened 197 times for vessel 
passage. This equates to less than 3 bridge openings per month.
    This change allows the parish to coordinate and schedule Tammany 
Trace requirements and provide for the reasonable needs of navigation.

IV. Discussion of Comments, Changes and the Final Rule

    There were no comments on this rule change. The Coast Guard 
provided a comment period of 30 days. Based on the infrequent number of 
times that this bridge has opened for vessel traffic over 3 years this 
rule provides vessels with a reasonable ability to use the waterway. We 
identified no impacts on marine navigation with this proposed rule.

V. Regulatory Analyses

    The Coast Guard has 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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) 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 (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 received 0 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 V.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

[[Page 45094]]

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 s 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.  117.463 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: July 16, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-16012 Filed 7-24-20; 8:45 am]
BILLING CODE 9110-04-P