81_FR_77103 81 FR 76889 - Drawbridge Operation Regulations; Tchefuncta River, Madisonville, LA

81 FR 76889 - Drawbridge Operation Regulations; Tchefuncta River, Madisonville, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 214 (November 4, 2016)

Page Range76889-76891
FR Document2016-26654

The Coast Guard proposes to modify the operating schedule that governs the State Route 22 Bridge (Madisonville (SR22) swing span bridge) across the Tchefuncta River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana. The Louisiana Department of Transportation and Development requested changes to the present drawbridge operating regulations governing the SR 22 swing span bridge, to enhance the flow of vehicle traffic across the bridge.

Federal Register, Volume 81 Issue 214 (Friday, November 4, 2016)
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Proposed Rules]
[Pages 76889-76891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26654]


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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: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the State Route 22 Bridge (Madisonville (SR22) swing span 
bridge) across the Tchefuncta River, mile 2.5, at Madisonville, St. 
Tammany Parish, Louisiana. The Louisiana Department of Transportation 
and Development requested changes to the present drawbridge operating 
regulations governing the SR 22 swing span bridge, to enhance the flow 
of vehicle traffic across the bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before January 18, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0963 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email David Frank, Bridge Administrator, at 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
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
LTOTD Louisiana Department of Transportation and Development
SR State Route
MHW Mean High Water

II. Background, Purpose and Legal Basis

    Local governmental officials from St. Tammany Parish and the City 
of Madisonville, in conjunction with the Louisiana Department of 
Transportation and Development (LDOTD), requested that the operating 
regulation of the SR 22 Bridge, a swing span bridge, be changed in 
order to better accommodate the increased vehicular traffic crossing 
the bridge especially during the peak, weekday rush hours. Currently, 
this bridge is governed under 33 CFR 117.500. The current regulation 
was created to allow for improved vehicular traffic flow during peak 
rush hours due to the increased population of the western portions of 
St. Tammany Parish.
    Based on a recent study of the current vehicle traffic crossing the 
bridge, public officials and LDOTD requested that the operating 
regulation be changed to better meet current bridge use.
    The traffic study conducted by the LDOTD determined that the 
existing vehicular traffic at the intersection of SR 22 and SR 21/SR 
1077 is over capacity at peak hours and causes unacceptable levels of 
delay to roadway traffic. This situation is compounded by the opening 
of the bridge during these peak hours. A combination of modifications 
to the

[[Page 76890]]

operating schedule of the bridge and modifications to the traffic 
controls at this intersection will improve traffic flow and reduce 
traffic delays. As the largest commercial facility upstream of the 
bridge is no longer in service, most of the vessels that request 
openings are recreational powerboats and sailboats that routinely 
transit this waterway and should be able to adjust their schedules to 
coincide with the proposed drawbridge operating schedule. The SR 22 
swing bridge has a vertical clearance of 6.2 feet above Mean High Water 
(MHW) in the closed-to-navigation position and unlimited clearance in 
the open-to-navigation position.
    Concurrent with the publication of the Notice of Proposed 
Rulemaking (NPRM), a Test Deviation [USCG-2016-0963] has been issued to 
allow the LDOTD to test the proposed schedule and to obtain data and 
public comments. The test period will be in effect during the entire 
NPRM comment period. The Coast Guard will review the logs of the 
drawbridge, the traffic counts provided by LDOTD, and evaluate public 
comments from this NPRM and the above referenced Temporary Deviation to 
determine if the requested change to the permanent special drawbridge 
operating regulation is warranted.

III. Discussion of Proposed Rule

    The rule proposes to amend 33 CFR 117.500. The proposed rule change 
would extend the time between openings from 30 minutes to an hour, 
between 6 a.m. and 7 p.m., and not require the bridge to open for the 
passage of vessels at 8 a.m., 5 p.m. and 6 p.m. during the weekday rush 
hours. This additional time would allow commuters and school buses to 
cross the bridge freely and prevent vehicular traffic from backing up 
for over a mile on SR 22. The bridge will open at any time in the case 
of an emergency.
    Approximately 7,500 vehicles cross the bridge daily between the 
hours of 6 a.m. and 7 p.m. Vessel openings for the month of July 
indicate that the bridge opened to pass vessels 118 times during the 
week and 202 times during the weekend. Vessel openings for the month of 
August dropped to 68 openings during the week and 85 openings during 
the weekend.
    Traffic studies have indicated a significant increase in highway 
traffic delays caused by bridge openings, consisting of mainly 
recreational traffic that presently passes through the bridge on 
scheduled openings, and can adjust their schedules to work with the 
needs of land transportation. There are no alternate routes available 
for vessels that wish to transit the bridge site; however, if vessels 
have a vertical clearance requirement of less than 6.2 feet above MHW, 
they may transit the bridge site at any time.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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.
    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 this waterway can still 
transit the bridge under the proposed schedule. And, those vessels with 
a vertical clearance requirement of less than 6.2 feet above MHW, they 
may transit the bridge site 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 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 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. 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 section above.

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

[[Page 76891]]

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 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 guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not 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. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site'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.  117.500 to read as follows:


Sec.  117.500  Tchefuncta River

    The draw of 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.

    Dated: October 31, 2016.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2016-26654 Filed 11-3-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules                                             76889

                                                 The Proposal                                            PART 71—DESIGNATION OF CLASS A,                         DATES:  Comments and related material
                                                                                                         B, C, D, AND E AIRSPACE AREAS; AIR                      must reach the Coast Guard on or before
                                                    The FAA is considering an                            TRAFFIC SERVICE ROUTES; AND                             January 18, 2017.
                                                 amendment to Title 14, Code of Federal                  REPORTING POINTS                                        ADDRESSES: You may submit comments
                                                 Regulations (14 CFR) Part 71 to amend                                                                           identified by docket number USCG–
                                                 Class E airspace extending upward from                  ■ 1. The authority citation for Part 71                 2016–0963 using the Federal
                                                 700 feet or more above the surface                      continues to read as follows:                           eRulemaking Portal at http://
                                                 within a 6.5-mile radius of Rostraver                     Authority: 49 U.S.C. 106(f), 106(g); 40103,           www.regulations.gov. See the ‘‘Public
                                                 Airport, Monongahela, PA, due to the                    40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            Participation and Request for
                                                 decommissioning of the Allegheny                        1959–1963 Comp., p. 389.                                Comments’’ portion of the
                                                 VOR, and to ensure the safety and                                                                               SUPPLEMENTARY INFORMATION section
                                                                                                         § 71.1       [Amended]
                                                 management of the modified IFR                                                                                  below for instructions on submitting
                                                 operations at the airport.                              ■ 2. The incorporation by reference in                  comments.
                                                                                                         14 CFR 71.1 of FAA Order 7400.11A,
                                                    Class E airspace designations are                    Airspace Designations and Reporting                     FOR FURTHER INFORMATION CONTACT:     If
                                                 published in Paragraph 6005 of FAA                      Points, dated August 3, 2016, effective                 you have questions on this proposed
                                                 Order 7400.11A, dated August 3, 2016,                   September 15, 2016, is amended as                       rule, call or email David Frank, Bridge
                                                 and effective September 15, 2016, which                 follows:                                                Administrator, at 504–671–2128, email
                                                 is incorporated by reference in 14 CFR                                                                          david.m.frank@uscg.mil.
                                                 71.1. The Class E airspace designation                  Paragraph 6005 Class E Airspace Areas                   SUPPLEMENTARY INFORMATION:
                                                 listed in this document will be                         Extending Upward From 700 Feet or More
                                                                                                         Above the Surface of the Earth.                         I. Table of Abbreviations
                                                 published subsequently in the Order.
                                                                                                         *        *      *      *       *                        CFR Code of Federal Regulations
                                                 Regulatory Notices and Analyses                                                                                 DHS Department of Homeland Security
                                                                                                         AEA PA E5 Monongahela, PA [Amended]                     FR Federal Register
                                                   The FAA has determined that this                      Rostraver Airport, Monongahela, PA                      NPRM Notice of proposed rulemaking
                                                 proposed regulation only involves an                      (Lat. 40°12′35″ N., long. 79°49′53″ W.)               SNPRM Supplemental notice of proposed
                                                 established body of technical                             That airspace extending upward from 700                 rulemaking
                                                 regulations for which frequent and                      feet above the surface within a 6.5-mile                Pub. L. Public Law
                                                 routine amendments are necessary to                     radius of Rostraver Airport.                            § Section
                                                                                                                                                                 U.S.C. United States Code
                                                 keep them operationally current. It,
                                                                                                           Issued in College Park, Georgia, on October           LTOTD Louisiana Department of
                                                 therefore: (1) is not a ‘‘significant                   21, 2016.                                                 Transportation and Development
                                                 regulatory action’’ under Executive                     Ryan W. Almasy,                                         SR State Route
                                                 Order 12866; (2) is not a ‘‘significant                 Manager, Operations Support Group, Eastern
                                                                                                                                                                 MHW Mean High Water
                                                 rule’’ under DOT Regulatory Policies                    Service Center, Air Traffic Organization.               II. Background, Purpose and Legal
                                                 and Procedures (44 FR 11034; February                   [FR Doc. 2016–26436 Filed 11–3–16; 8:45 am]             Basis
                                                 26, 1979); and (3) does not warrant                     BILLING CODE 4910–13–P
                                                 preparation of a Regulatory Evaluation                                                                             Local governmental officials from St.
                                                 as the anticipated impact is so minimal.                                                                        Tammany Parish and the City of
                                                 Since this is a routine matter that will                                                                        Madisonville, in conjunction with the
                                                 only affect air traffic procedures and air              DEPARTMENT OF HOMELAND                                  Louisiana Department of Transportation
                                                 navigation, it is certified that this                   SECURITY                                                and Development (LDOTD), requested
                                                                                                                                                                 that the operating regulation of the SR
                                                 proposed rule, when promulgated, will
                                                                                                         Coast Guard                                             22 Bridge, a swing span bridge, be
                                                 not have a significant economic impact
                                                                                                                                                                 changed in order to better accommodate
                                                 on a substantial number of small entities               33 CFR Part 117                                         the increased vehicular traffic crossing
                                                 under the criteria of the Regulatory                                                                            the bridge especially during the peak,
                                                 Flexibility Act.                                        [Docket No. USCG–2016–0963]                             weekday rush hours. Currently, this
                                                 Environmental Review                                                                                            bridge is governed under 33 CFR
                                                                                                         RIN 1625–AA09                                           117.500. The current regulation was
                                                    This proposal would be subject to an                                                                         created to allow for improved vehicular
                                                                                                         Drawbridge Operation Regulations;
                                                 environmental analysis in accordance                                                                            traffic flow during peak rush hours due
                                                                                                         Tchefuncta River, Madisonville, LA
                                                 with FAA Order 1050.1F,                                                                                         to the increased population of the
                                                 ‘‘Environmental Impacts: Policies and                   AGENCY:      Coast Guard, DHS.                          western portions of St. Tammany
                                                 Procedures’’ prior to any FAA final                     ACTION:      Notice of proposed rulemaking.             Parish.
                                                 regulatory action.                                                                                                 Based on a recent study of the current
                                                                                                         SUMMARY:   The Coast Guard proposes to                  vehicle traffic crossing the bridge,
                                                 Lists of Subjects in 14 CFR Part 71                     modify the operating schedule that                      public officials and LDOTD requested
                                                                                                         governs the State Route 22 Bridge                       that the operating regulation be changed
                                                  Airspace, Incorporation by reference,
                                                                                                         (Madisonville (SR22) swing span bridge)                 to better meet current bridge use.
                                                 Navigation (Air).
                                                                                                         across the Tchefuncta River, mile 2.5, at                  The traffic study conducted by the
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 The Proposed Amendment                                  Madisonville, St. Tammany Parish,                       LDOTD determined that the existing
                                                                                                         Louisiana. The Louisiana Department of                  vehicular traffic at the intersection of SR
                                                   In consideration of the foregoing, the                Transportation and Development                          22 and SR 21/SR 1077 is over capacity
                                                 Federal Aviation Administration                         requested changes to the present                        at peak hours and causes unacceptable
                                                 proposes to amend 14 CFR part 71 as                     drawbridge operating regulations                        levels of delay to roadway traffic. This
                                                 follows:                                                governing the SR 22 swing span bridge,                  situation is compounded by the opening
                                                                                                         to enhance the flow of vehicle traffic                  of the bridge during these peak hours.
                                                                                                         across the bridge.                                      A combination of modifications to the


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                                                 76890                  Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules

                                                 operating schedule of the bridge and                    wish to transit the bridge site; however,                If you think that your business,
                                                 modifications to the traffic controls at                if vessels have a vertical clearance                  organization, or governmental
                                                 this intersection will improve traffic                  requirement of less than 6.2 feet above               jurisdiction qualifies as a small entity
                                                 flow and reduce traffic delays. As the                  MHW, they may transit the bridge site                 and that this rule would have a
                                                 largest commercial facility upstream of                 at any time.                                          significant economic impact on it,
                                                 the bridge is no longer in service, most                                                                      please submit a comment (see
                                                                                                         IV. Regulatory Analyses
                                                 of the vessels that request openings are                                                                      ADDRESSES) explaining why you think it
                                                 recreational powerboats and sailboats                     We developed this proposed rule after               qualifies and how and to what degree
                                                 that routinely transit this waterway and                considering numerous statutes and                     this rule would economically affect it.
                                                 should be able to adjust their schedules                Executive Orders related to rulemaking.                  Under section 213(a) of the Small
                                                 to coincide with the proposed                           Below we summarize our analyses                       Business Regulatory Enforcement
                                                 drawbridge operating schedule. The SR                   based on these statutes and Executive                 Fairness Act of 1996 (Pub. L. 104–121),
                                                 22 swing bridge has a vertical clearance                Orders and we discuss First                           we want to assist small entities in
                                                 of 6.2 feet above Mean High Water                       Amendment rights of protestors.                       understanding this proposed rule. If the
                                                 (MHW) in the closed-to-navigation                       A. Regulatory Planning and Review                     rule would affect your small business,
                                                 position and unlimited clearance in the                                                                       organization, or governmental
                                                 open-to-navigation position.                               Executive Orders 12866 and 13563                   jurisdiction and you have questions
                                                    Concurrent with the publication of                   direct agencies to assess the costs and               concerning its provisions or options for
                                                 the Notice of Proposed Rulemaking                       benefits of available regulatory                      compliance, please contact the person
                                                 (NPRM), a Test Deviation [USCG–2016–                    alternatives and, if regulation is                    listed in the FOR FURTHER INFORMATION
                                                 0963] has been issued to allow the                      necessary, to select regulatory                       CONTACT, above. The Coast Guard will
                                                 LDOTD to test the proposed schedule                     approaches that maximize net benefits.                not retaliate against small entities that
                                                 and to obtain data and public                           Executive Order 13563 emphasizes the                  question or complain about this
                                                 comments. The test period will be in                    importance of quantifying both costs                  proposed rule or any policy or action of
                                                 effect during the entire NPRM comment                   and benefits, of reducing costs, of                   the Coast Guard.
                                                 period. The Coast Guard will review the                 harmonizing rules, and of promoting
                                                 logs of the drawbridge, the traffic counts              flexibility. This NPRM has not been                   C. Collection of Information
                                                 provided by LDOTD, and evaluate                         designated a ‘‘significant regulatory                   This proposed rule would call for no
                                                 public comments from this NPRM and                      action,’’ under Executive Order 12866.                new collection of information under the
                                                 the above referenced Temporary                          Accordingly, the NPRM has not been                    Paperwork Reduction Act of 1995 (44
                                                 Deviation to determine if the requested                 reviewed by the Office of Management                  U.S.C. 3501–3520).
                                                 change to the permanent special                         and Budget.
                                                                                                            This regulatory action determination               D. Federalism and Indian Tribal
                                                 drawbridge operating regulation is
                                                 warranted.                                              is based on a reduction of commercial                 Government
                                                                                                         vessel traffic on this waterway, and the                 A rule has implications for federalism
                                                 III. Discussion of Proposed Rule                        recreational powerboats and sailboats                 under Executive Order 13132,
                                                    The rule proposes to amend 33 CFR                    that routinely transit this waterway can              Federalism, if it has a substantial direct
                                                 117.500. The proposed rule change                       still transit the bridge under the                    effect on the States, on the relationship
                                                 would extend the time between                           proposed schedule. And, those vessels                 between the national government and
                                                 openings from 30 minutes to an hour,                    with a vertical clearance requirement of              the States, or on the distribution of
                                                 between 6 a.m. and 7 p.m., and not                      less than 6.2 feet above MHW, they may                power and responsibilities among the
                                                 require the bridge to open for the                      transit the bridge site at any time. This             various levels of government. We have
                                                 passage of vessels at 8 a.m., 5 p.m. and                regulatory action takes into account the              analyzed this proposed rule under that
                                                 6 p.m. during the weekday rush hours.                   reasonable needs of vessel and vehicular              Order and have determined that it is
                                                 This additional time would allow                        traffic.                                              consistent with the fundamental
                                                 commuters and school buses to cross                                                                           federalism principles and preemption
                                                                                                         B. Impact on Small Entities
                                                 the bridge freely and prevent vehicular                                                                       requirements described in Executive
                                                 traffic from backing up for over a mile                    The Regulatory Flexibility Act of 1980             Order 13132.
                                                 on SR 22. The bridge will open at any                   (RFA), 5 U.S.C. 601–612, as amended,                     Also, this proposed rule does not have
                                                 time in the case of an emergency.                       requires federal agencies to consider the             tribal implications under Executive
                                                    Approximately 7,500 vehicles cross                   potential impact of regulations on small              Order 13175, Consultation and
                                                 the bridge daily between the hours of 6                 entities during rulemaking. The term                  Coordination with Indian Tribal
                                                 a.m. and 7 p.m. Vessel openings for the                 ‘‘small entities’’ comprises small                    Governments, because it would not have
                                                 month of July indicate that the bridge                  businesses, not-for-profit organizations              a substantial direct effect on one or
                                                 opened to pass vessels 118 times during                 that are independently owned and                      more Indian tribes, on the relationship
                                                 the week and 202 times during the                       operated and are not dominant in their                between the Federal Government and
                                                 weekend. Vessel openings for the month                  fields, and governmental jurisdictions                Indian tribes, or on the distribution of
                                                 of August dropped to 68 openings                        with populations of less than 50,000.                 power and responsibilities between the
                                                 during the week and 85 openings during                  The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes.
                                                 the weekend.                                            605(b) that this proposed rule would not              If you believe this proposed rule has
                                                    Traffic studies have indicated a                     have a significant economic impact on                 implications for federalism or Indian
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 significant increase in highway traffic                 a substantial number of small entities.               tribes, please contact the person listed
                                                 delays caused by bridge openings,                       While some owners or operators of                     in the FOR FURTHER INFORMATION
                                                 consisting of mainly recreational traffic               vessels intending to transit the bridge               CONTACT section above.
                                                 that presently passes through the bridge                may be small entities, for the reasons
                                                 on scheduled openings, and can adjust                   stated in section IV.A above, this                    E. Unfunded Mandates Reform Act
                                                 their schedules to work with the needs                  proposed rule would not have a                          The Unfunded Mandates Reform Act
                                                 of land transportation. There are no                    significant economic impact on any                    of 1995 (2 U.S.C. 1531–1538) requires
                                                 alternate routes available for vessels that             vessel owner or operator.                             Federal agencies to assess the effects of


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                                                                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules                                         76891

                                                 their discretionary regulatory actions. In              eRulemaking Portal at http://                         ENVIRONMENTAL PROTECTION
                                                 particular, the Act addresses actions                   www.regulations.gov. If your material                 AGENCY
                                                 that may result in the expenditure by a                 cannot be submitted using http://
                                                 State, local, or tribal government, in the              www.regulations.gov, contact the person               40 CFR Parts 52 and 81
                                                 aggregate, or by the private sector of                  in the FOR FURTHER INFORMATION                        [EPA–R06–OAR–2016–0293; FRL–9954–35–
                                                 $100,000,000 (adjusted for inflation) or                CONTACT section of this document for                  Region 6]
                                                 more in any one year. Though this                       alternate instructions.
                                                 proposed rule will not result in such an                                                                      Approval and Promulgation of
                                                 expenditure, we do discuss the effects of                  We accept anonymous comments. All                  Implementation Plans and Designation
                                                 this proposed rule elsewhere in this                    comments received will be posted                      of Areas for Air Quality Planning
                                                 preamble.                                               without change to http://                             Purposes; Louisiana; Redesignation of
                                                                                                         www.regulations.gov and will include                  Baton Rouge Nonattainment Area,
                                                 F. Environment                                          any personal information you have                     2008 8-Hour Ozone Nonattainment
                                                   We have analyzed this proposed rule                   provided. For more about privacy and                  Area to Attainment
                                                 under Department of Homeland                            the docket, you may review a Privacy
                                                 Security Management Directive 023–01                    Act notice regarding the Federal Docket               AGENCY:  Environmental Protection
                                                 and Commandant Instruction                                                                                    Agency (EPA).
                                                                                                         Management System in the March 24,
                                                 M16475.lD, which guides the Coast                                                                             ACTION: Proposed rule.
                                                                                                         2005, issue of the Federal Register (70
                                                 Guard in complying with the National                    FR 15086).                                            SUMMARY:    On May 2, 2016, the State of
                                                 Environmental Policy Act of 1969                                                                              Louisiana submitted a request for the
                                                                                                            Documents mentioned in this notice,
                                                 (NEPA)(42 U.S.C. 4321–4370f), and                                                                             Environmental Protection Agency (EPA)
                                                 have made a preliminary determination                   and all public comments, are in our
                                                                                                         online docket at http://                              to redesignate the five-parish Baton
                                                 that this action is one of a category of                                                                      Rouge Nonattainment Area (BRNA or
                                                 actions which do not individually or                    www.regulations.gov and can be viewed
                                                                                                         by following that Web site’s                          Area) for the 2008 8-hour ozone
                                                 cumulatively have a significant effect on                                                                     National Ambient Air Quality Standards
                                                 the human environment. This proposed                    instructions. Additionally, if you go to
                                                                                                         the online docket and sign up for email               (NAAQS or standard) to attainment and
                                                 rule simply promulgates the operating                                                                         to approve a State Implementation Plan
                                                 regulations or procedures for                           alerts, you will be notified when
                                                                                                                                                               (SIP) revision containing a maintenance
                                                 drawbridges. Normally such actions are                  comments are posted or a final rule is
                                                                                                                                                               plan for the area. EPA is proposing to
                                                 categorically excluded from further                     published.                                            determine that the BRNA is continuing
                                                 review, under figure 2–1, paragraph                                                                           to attain the 2008 ozone NAAQS; to
                                                                                                         List of Subjects in 33 CFR Part 117
                                                 (32)(e), of the Instruction.                                                                                  approve into the SIP the State’s plan for
                                                   Under figure 2–1, paragraph (32)(e), of                   Bridges.                                          maintaining attainment of the standard
                                                 the Instruction, an environmental                                                                             in the Area, including the motor vehicle
                                                 analysis checklist and a categorical                      For the reasons discussed in the
                                                                                                                                                               emission budgets (MVEBs) for nitrogen
                                                 exclusion determination are not                         preamble, the Coast Guard proposes to
                                                                                                                                                               oxides (NOX) and volatile organic
                                                 required for this rule. We seek any                     amend 33 CFR part 117 as follows:                     compounds (VOC) for the years 2022
                                                 comments or information that may lead                                                                         and 2027; and to redesignate the BRNA
                                                 to the discovery of a significant                       PART 117—DRAWBRIDGE
                                                                                                                                                               to attainment for the standard.
                                                 environmental impact from this                          OPERATION REGULATIONS
                                                                                                                                                               DATES: Comments must be received on
                                                 proposed rule.                                                                                                or before December 5, 2016.
                                                                                                         ■ 1. The authority citation for part 117
                                                 G. Protest Activities                                                                                         ADDRESSES: Submit your comments,
                                                                                                         continues to read as follows:
                                                   The Coast Guard respects the First                                                                          identified by Docket No. EPA–R06–
                                                                                                           Authority: 33 U.S.C. 499; 33 CFR 1.05–1;            OAR–2016–0293, at http://
                                                 Amendment rights of protesters.
                                                                                                         Department of Homeland Security Delegation            www.regulations.gov or via email to
                                                 Protesters are asked to contact the
                                                                                                         No. 0170.1.                                           jacques.wendy@epa.gov. Follow the
                                                 person listed in the FOR FURTHER
                                                 INFORMATION CONTACT section to                                                                                online instructions for submitting
                                                                                                         ■   2. Revise § 117.500 to read as follows:
                                                 coordinate protest activities so that your                                                                    comments. Once submitted, comments
                                                 message can be received without                         § 117.500      Tchefuncta River                       cannot be edited or removed from
                                                 jeopardizing the safety or security of                                                                        Regulations.gov. The EPA may publish
                                                                                                           The draw of the SR 22 Bridge, mile                  any comment received to its public
                                                 people, places or vessels.                              2.5, at Madisonville, shall open on                   docket. Do not submit electronically any
                                                 V. Public Participation and Request for                 signal from 7 p.m. to 6 a.m. From 6 a.m.              information you consider to be
                                                 Comments                                                to 7 p.m., the draw need only open on                 Confidential Business Information (CBI)
                                                   We view public participation as                       the hour, except that the draw need not               or other information whose disclosure is
                                                 essential to effective rulemaking, and                  open for the passage of vessels at 8 a.m.,            restricted by statute. Multimedia
                                                 will consider all comments and material                 5 p.m. and 6 p.m. Monday through                      submissions (audio, video, etc.) must be
                                                 received during the comment period.                     Friday except federal holidays. The                   accompanied by a written comment.
                                                 Your comment can help shape the                         bridge will open at any time an                       The written comment is considered the
                                                 outcome of this rulemaking. If you                      emergency.                                            official comment and should include
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 submit a comment, please include the                      Dated: October 31, 2016.
                                                                                                                                                               discussion of all points you wish to
                                                 docket number for this rulemaking,                                                                            make. The EPA will generally not
                                                                                                         David R. Callahan,                                    consider comments or comment
                                                 indicate the specific section of this
                                                 document to which each comment                          Rear Admiral, U.S. Coast Guard, Commander,            contents located outside of the primary
                                                 applies, and provide a reason for each                  Eighth Coast Guard District.                          submission (i.e. on the web, cloud, or
                                                 suggestion or recommendation.                           [FR Doc. 2016–26654 Filed 11–3–16; 8:45 am]           other file sharing system). For
                                                   We encourage you to submit                            BILLING CODE 9110–04–P                                additional submission methods, please
                                                 comments through the Federal                                                                                  contact Wendy Jacques, (214) 665–7395,


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Document Created: 2018-02-14 08:26:24
Document Modified: 2018-02-14 08:26:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before January 18, 2017.
ContactIf you have questions on this proposed rule, call or email David Frank, Bridge Administrator, at 504-671-2128, email [email protected]
FR Citation81 FR 76889 
RIN Number1625-AA09

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