83 FR 27730 - Drawbridge Operation Regulations; Tchefuncta River, Madisonville, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 115 (June 14, 2018)

Page Range		27730-27732
FR Document		2018-12742

The Coast Guard proposes to change the operating schedule that governs the State Route 22 Bridge (Madisonville (SR 22) swing span bridge) across the Tchefuncta River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana. This action is necessary to relieve vehicular traffic congestion along SR 22 near Madisonville, LA during peak, afternoon weekday traffic periods.

Federal Register, Volume 83 Issue 115 (Thursday, June 14, 2018)

[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Proposed Rules]
[Pages 27730-27732]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-12742]

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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: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the State Route 22 Bridge (Madisonville (SR 22) swing span
bridge) across the Tchefuncta River, mile 2.5, at Madisonville, St.
Tammany Parish, Louisiana. This action is necessary to relieve
vehicular traffic congestion along SR 22 near Madisonville, LA during
peak, afternoon weekday traffic periods.

DATES: Comments and related material must be received by the Coast
Guard on or before July 16, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0963 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
Douglas.A.Blakemore@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LA-DOTD Louisiana Department of Transportation and Development
NPRM Notice of proposed rulemaking
Sec. Section
SNPRM Supplemental notice of proposed rulemaking

II. Background, Purpose and Legal Basis

The State Route 22 Bridge (Madisonville (SR 22) swing span bridge)
across the Tchefuncta River, mile 2.5, at Madisonville, St. Tammany
Parish, Louisiana, is regulated under 33 CFR 117.500 and has a vertical
clearance of 6.2 feet above Mean High Water in the closed-to-navigation
position and unlimited clearance in the open-to-navigation position.
The draw of this bridge opens on signal from 7 p.m. to 6 a.m. From 6
a.m. to 7 p.m., the draw opens on the hour and half hour, except that
from 6 a.m. to 9 a.m. and from 4 p.m. to 7 p.m. Monday through Friday
except federal holidays, the draw opens only on the hour. Navigation on
the waterway consists primarily of recreational traffic as the largest
commercial facility upstream of the bridge is no longer in service.
On November 4, 2016, at the request of the Louisiana Department of
Transportation and Development (LA-DOTD), the Coast Guard issued a
temporary deviation titled ``Drawbridge Operation Regulations;
Tchefuncta River, Madisonville, LA'' (81 FR 76866). There, we stated
that the 180-day deviation would test a temporary change to the
operating schedule of the Madisonville (SR 22) swing span bridge to
determine whether a permanent change is necessary. From November 21,
2016 through May 18, 2017, this deviation extended the time between
openings from 30 minutes to an hour between 6 a.m. and 7 p.m. daily,
and allowed the bridge to remain closed at 8 a.m., 5 p.m., and 6 p.m..
Monday through Friday except federal holidays. During the comment
period that closed on January 18, 2017, we received no comments.
On November 4, 2016, concurrent with the test deviation and on the
basis of a recent traffic study conducted by LA-DOTD, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled ``Drawbridge
Operation Regulations; Tchefuncta River, Madisonville, LA'' (81 FR
76889). There, we stated that the traffic study indicated that the
intersection of SR 22 and SR 21/SR1077 is over capacity at peak hours
and causes unacceptable levels of delay to roadway traffic, which is
compounded by the opening of the Madisonville (SR 22) swing span bridge
during peak hours. The traffic study also indicated that a combination
of modifications of the traffic controls at this intersection and the
operating schedule of the Madisonville (SR 22) swing span bridge would
enhance the flow of vehicular traffic over SR 22. The NPRM proposed a
change to the schedule of the Madisonville (SR 22) swing span bridge
that extended the time between openings from 30 minutes to an hour
between 6 a.m. and 7 p.m. daily, and allowed the bridge to remain
closed at 8 a.m., 5 p.m., and 6 p.m.. Monday through Friday except
federal holidays. During the comment period that closed on January 18,
2017, we received no comments.
LA-DOTD planned to conduct a study of vehicular traffic flow over
the bridge as it related to a four way stop sign and traffic light at
the intersection of SR 22 and SR 21 during the temporary deviation
period. The LA-DOTD planned to complete four separate traffic studies
at this intersection: A baseline traffic analysis across the SR 22
bridge with the original regulation and a four-way stop sign in place
at the intersection of SR 22 and SR 21, a traffic analysis with the
temporary deviation to the regulation and a four-way stop sign in place
at the intersection of SR 22 and SR 21, a traffic analysis with the
temporary deviation to the regulation and a traffic light in place at
the intersection of SR 22 and SR 21, and a traffic analysis with the
original regulation and a traffic light in place at the intersection of
SR 22 and SR 21. On May 18, 2017, the temporary deviation expired at
the end of its scheduled 180 days.

III. Discussion of Comments and Change

On May 26, 2017, LA-DOTD requested that the Coast Guard permanently
change the regulation based on information provided in the traffic
study, which is available in the docket where indicated under
ADDRESSES. LA-DOTD also provided supplemental data and information on
the population growth in St. Tammany Parish, including information on
vehicle traffic counts on SR 22 from 2015, the locations of schools in
the vicinity of SR 22 that contribute to vehicle congestion, St.
Tammany Parish projected

[[Page 27731]]

population growth rates, and residential construction permit growth.
LA-DOTD requested that the regulation change as follows:

The draw on 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.

LA-DOTD's regulation change request has three components. First, it
requests that the Coast Guard extend the daily openings from half-hour
intervals to hourly intervals both on weekdays and on weekends. Second,
it requests that the bridge stay closed at 8 a.m. on weekdays. Third,
it requests that the bridge stay closed at 5 p.m. and 6 p.m. on
weekdays.
On December 12, 2017, the Coast Guard informed LA-DOTD by letter
that there was still insufficient data or information to correlate
bridge openings with traffic flow over this bridge for the hourly
interval request and for the 8 a.m. weekday closure request, which is
available in the docket where indicated under ADDRESSES. The LA-DOTD
study did not collect traffic data for the time periods 6 a.m. through
4 p.m., nor did the supplemental data sufficiently address changing the
regulation at these times. However, the Coast Guard determined that
there is a potential correlation between traffic congestion and bridge
openings in the afternoon and that a regulation change may alleviate
vehicular traffic while also providing for the reasonable needs of
navigation.

IV. Discussion of Proposed Rule

The Coast Guard has reviewed the data and information provided by
LA-DOTD and has determined that there is a possible correlation between
bridge openings for vessel traffic and vehicular congestion during peak
traffic times from 4 p.m. to 6 p.m. Monday through Friday. This
supplementary notice of proposed rulemaking (SNPRM) proposes to change
the bridge operating schedule and allow the bridge to remain closed to
marine traffic at the scheduled openings 4 p.m., 4:30 p.m., 5 p.m., and
5:30 p.m. Monday through Friday except federal holidays. This would
allow vehicles to travel unimpeded by bridge openings for a two and a
half hour period during peak rush hours along SR 22 near Madisonville,
LA. There are no other proposed changes to the operating schedule. The
regulatory text we are proposing appears at the end of this document.

V. Regulatory Analyses

We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This SNPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the SNPRM 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 a reduction of
commercial vessel traffic on this waterway, and the recreational
powerboats and sailboats that routinely transit the bridge under the
proposed schedule. Those vessels with a vertical clearance requirement
of less than 6.2 feet above mean high water may transit the bridge at
any time, and the bridge will open in case of emergency at any time.
This regulatory action takes into account the reasonable needs of
vessel and vehicular traffic.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on the November 4, 2016 NPRM. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

[[Page 27732]]

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a change to the operating
schedule of a drawbridge. It is categorically excluded from further
review under paragraph L49 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

VI. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
Documents mentioned in this SNPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and 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 S22 Bridge, mile 2.5, at Madisonville, LA 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 and half hour, except that:
(a) From 6 a.m. to 9 a.m. Monday through Friday except federal
holidays the draw need only open on the hour; and
(b) From 4 p.m. to 5:30 p.m. Monday through Friday except federal
holidays the draw need not open.

Dated: June 7, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard,Commander, Eighth Coast Guard District.
[FR Doc. 2018-12742 Filed 6-13-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Proposed Rules 27731

population growth rates, and residential V. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121),
construction permit growth. We developed this proposed rule after we want to assist small entities in
LA–DOTD requested that the considering numerous statutes and understanding this proposed rule. If the
regulation change as follows: Executive orders related to rulemaking. proposed rule would affect your small
The draw on the SR 22 Bridge, mile 2.5, Below we summarize our analyses business, organization, or governmental
at Madisonville, shall open on signal from 7 based on these statutes and Executive jurisdiction and you have questions
p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw orders and we discuss First Amendment concerning its provisions or options for
need only open on the hour, except that the rights of protestors. compliance, please contact the person
draw need not open for the passage of vessels listed in the FOR FURTHER INFORMATION
at 8 a.m., 5 p.m. and 6 p.m. Monday through A. Regulatory Planning and Review CONTACT section.
Friday except federal holidays. The bridge Executive Orders 12866 and 13563
will open at any time an emergency. Small businesses may send comments
direct agencies to assess the costs and on the actions of Federal employees
LA–DOTD’s regulation change request benefits of available regulatory who enforce, or otherwise determine
has three components. First, it requests alternatives and, if regulation is compliance with, Federal regulations to
that the Coast Guard extend the daily necessary, to select regulatory the Small Business and Agriculture
openings from half-hour intervals to approaches that maximize net benefits. Regulatory Enforcement Ombudsman
hourly intervals both on weekdays and Executive Order 13771 directs agencies and the Regional Small Business
on weekends. Second, it requests that to control regulatory costs through a Regulatory Fairness Boards. The
the bridge stay closed at 8 a.m. on budgeting process. This SNPRM has not Ombudsman evaluates these actions
weekdays. Third, it requests that the been designated a ‘‘significant annually and rates each agency’s
bridge stay closed at 5 p.m. and 6 p.m. regulatory action,’’ under Executive responsiveness to small business. If you
on weekdays. Order 12866. Accordingly, the SNPRM wish to comment on actions by
On December 12, 2017, the Coast has not been reviewed by the Office of employees of the Coast Guard, call 1–
Guard informed LA–DOTD by letter that Management and Budget (OMB) and 888–REG–FAIR (1–888–734–3247). The
there was still insufficient data or pursuant to OMB guidance it is exempt Coast Guard will not retaliate against
information to correlate bridge openings from the requirements of Executive small entities that question or complain
with traffic flow over this bridge for the Order 13771. about this rule or any policy or action
hourly interval request and for the 8 This regulatory action determination
of the Coast Guard.
a.m. weekday closure request, which is is based on a reduction of commercial
available in the docket where indicated vessel traffic on this waterway, and the C. Collection of Information
under ADDRESSES. The LA–DOTD study recreational powerboats and sailboats
that routinely transit the bridge under This proposed rule would not call for
did not collect traffic data for the time a new collection of information under
the proposed schedule. Those vessels
periods 6 a.m. through 4 p.m., nor did the Paperwork Reduction Act of 1995
with a vertical clearance requirement of
the supplemental data sufficiently (44 U.S.C. 3501–3520).
less than 6.2 feet above mean high water
address changing the regulation at these
may transit the bridge at any time, and D. Federalism and Indian Tribal
times. However, the Coast Guard
the bridge will open in case of Governments
determined that there is a potential
emergency at any time. This regulatory
correlation between traffic congestion
action takes into account the reasonable A rule has implications for federalism
and bridge openings in the afternoon
needs of vessel and vehicular traffic. under Executive Order 13132,
and that a regulation change may
alleviate vehicular traffic while also B. Impact on Small Entities Federalism, if it has a substantial direct
providing for the reasonable needs of effect on the States, on the relationship
The Regulatory Flexibility Act of between the national government and
navigation. 1980, 5 U.S.C. 601–612, as amended, the States, or on the distribution of
IV. Discussion of Proposed Rule requires Federal agencies to consider power and responsibilities among the
the potential impact of regulations on various levels of government. We have
The Coast Guard has reviewed the small entities during rulemaking. The
data and information provided by LA– analyzed this proposed rule under that
term ‘‘small entities’’ comprises small Order and have determined that it is
DOTD and has determined that there is businesses, not-for-profit organizations
a possible correlation between bridge consistent with the fundamental
that are independently owned and
openings for vessel traffic and vehicular federalism principles and preemption
operated and are not dominant in their
congestion during peak traffic times requirements described in Executive
fields, and governmental jurisdictions
from 4 p.m. to 6 p.m. Monday through Order 13132.
with populations of less than 50,000.
Friday. This supplementary notice of The Coast Guard received no comments Also, this proposed rule does not have
proposed rulemaking (SNPRM) from the Small Business Administration tribal implications under Executive
proposes to change the bridge operating on the November 4, 2016 NPRM. The Order 13175, Consultation and
schedule and allow the bridge to remain Coast Guard certifies under 5 U.S.C. Coordination with Indian Tribal
closed to marine traffic at the scheduled 605(b) that this proposed rule would not Governments, because it would not have
openings 4 p.m., 4:30 p.m., 5 p.m., and have a significant economic impact on a substantial direct effect on one or
5:30 p.m. Monday through Friday a substantial number of small entities. more Indian tribes, on the relationship
except federal holidays. This would While some owners or operators of between the Federal Government and
daltland on DSKBBV9HB2PROD with PROPOSALS

allow vehicles to travel unimpeded by vessels intending to transit the bridge Indian tribes, or on the distribution of
bridge openings for a two and a half may be small entities, for the reasons power and responsibilities between the
hour period during peak rush hours stated in section V.A above, this Federal Government and Indian tribes.
along SR 22 near Madisonville, LA. proposed rule would not have a If you believe this proposed rule has
There are no other proposed changes to significant economic impact on any implications for federalism or Indian
the operating schedule. The regulatory vessel owner or operator. tribes, please contact the person listed
text we are proposing appears at the end Under section 213(a) of the Small in the FOR FURTHER INFORMATION
of this document. Business Regulatory Enforcement CONTACT section.

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Document Created: 2018-06-14 01:39:04
Document Modified: 2018-06-14 01:39:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Supplemental notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before July 16, 2018.
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]
FR Citation		83 FR 27730
RIN Number		1625-AA09

83 FR 27730 - Drawbridge Operation Regulations; Tchefuncta River, Madisonville, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 115 (June 14, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard