[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Rules and Regulations]
[Pages 56516-56517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19475]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


Drawbridge Operation Regulation; Belle River, LA

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 70 pontoon bridge across Belle River, mile 
23.8, at Pierre Part, Assumption Parish, Louisiana. During June, July 
and August this bridge will open on signal on the hour from 6 a.m. to 
10 p.m. This rule is being changed to decrease vehicle congestion 
during the summer.

DATES: This rule is effective October 14, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2018-0955 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
LADOTD Louisiana Department of Transportation and Development
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
SR State Route
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 16, 2019 the Coast Guard published a notice of temporary 
deviation from regulations entitled Drawbridge Operation Regulations, 
Belle River, LA in the Federal Register (84 FR 15581), to collect and 
analyze information on vehicle and vessel traffic congestion on SR 70 
created when the drawbridge opens to vessel traffic during periods of 
high vehicle traffic. We received five comments. All were in favor of 
the regulation change.
    On May 13, 2020 the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulations, Belle River, LA 
in the Federal Register (85 FR 28542), to seek public comments on 
whether the Coast Guard should consider modifying the current operating 
schedule to the SR70 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.
    LADOTD requested to change the drawbridge operating schedule for 
the SR70 pontoon bridge across the Belle River, mile 23.8, at Pierre 
Part, Assumption, LA. This bridge currently opens on signal except that 
from 10 p.m. to 6 a.m., the draw opens on signal if at least four 
hours' notice is given. LADOTD requested to open the bridge on signal 
on the hour during June, July and August from 6 a.m. to 10 p.m. each 
day.
    This waterway is heavily used by recreational vessels during the 
summer months. The 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.
    During a 105 day period LADOTD measured the vehicle and vessel 
queues created when the bridge opened on the hour. LADOTDs analysis of 
this data demonstrated that opening the bridge on the hour (vice on 
signal) reduced the average vehicle queue from 105 vehicles to 25 
vehicles. There were no vessel queues created by this change.
    This change reduces vehicle congestion during summer months and 
provides for the reasonable needs of navigation.

IV. Discussion of Comments, Changes and the Final Rule

    There were 5 comments during the temporary regulation change and no 
comments during the NPRM. The Coast Guard provided a comment period of 
60 days during each of these changes. Based on the LADOTD data this 
rule decreases vehicle congestion and provides vessels with the 
reasonable ability to use the waterway. We identified no impacts on 
marine navigation with this 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

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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 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.  117.424 to read as follows:


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: August 18, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-19475 Filed 9-11-20; 8:45 am]
BILLING CODE 9110-04-P