[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Rules and Regulations]
[Pages 12860-12861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04860]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0963]
RIN 1625-AA09


Drawbridge Operation Regulation; Tchefuncta River

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 22 (SR 22) drawbridge across the Tchefuncta 
River mile 2.5, Madisonville, St. Tammany Parish, Louisiana. This 
action is necessary to relieve vehicular traffic congestion along SR 22 
near Madisonville, LA during peak traffic periods on weekdays.

DATES: This rule is effective April 7, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2016-0963 in the ``SEARCH'' box and click ``SEARCH.'' In the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email call or email Mr. Doug Blakemore, Eighth Coast Guard 
District Bridge Administrator; telephone (504) 671-2128, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
SR State Road
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard has published numerous rulemaking documents in the 
Federal Register on this bridge: A temporary deviation to the 
regulations November 4, 2016 (81 FR 76866); NPRM November 4, 2016 (81 
FR 76889); a Supplemental NPRM June 14, 2018 (83 FR 27730); and a final 
rule October 25, 2018 (85 FR 53810). Each rulemaking addressed changing 
the operating schedule to the bridge to relieve vehicle congestion 
along SR 22 in Madisonville, LA.
    On April 23, 2021 the Town of Madisonville, LA requested that the 
Coast Guard revisit changing the operating schedule and close the 
drawbridge to vessel traffic during morning vehicle peak periods and 
that the bridge only open to vessels during the day on the hour. The 
Coast Guard published a NPRM August 31, 2021 (86 FR 48923) to solicit 
public comments on this proposed rule change.
    The Coast Guard determined that the Town of Madisonville had 
provided sufficient information to relieve vehicle congestion by 
closing the bridge to vessel traffic from 6 a.m. to 8 a.m. and 4 p.m. 
to 6 p.m. and opening the bridge from 8 a.m. to 4 p.m. on the hour vice 
every half hour. This change allows vehicles to travel along SR 22 
unimpeded by bridge openings for 2 two periods during the weekday 
morning and afternoon commutes. It also decreases the number of times 
that the bridge opens during the day by opening on the hour for vessels 
to pass 7 days a week. During the comment period that ended on November 
1, 2021, we received 18 comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Eighth Coast Guard District Commander has determined that this 
change to the operating schedule of the Madisonville (SR 22) swing span 
drawbridge across the Tchefuncta River mile 2.5, Madisonville, St. 
Tammany Parish, Louisiana allows it to remain closed to marine traffic 
for 2 two hour periods and to open on the hour during days is necessary 
and reasonable. The purpose of this rule is to alleviate vehicle 
congestion on SR 22 and meet the reasonable needs of vessels to use the 
Tchefuncta River.

IV. Discussion of Comments, Changes and the Final Rule

    As mentioned above we received 18 comments on the NPRM published 
August 1, 2021. Fifteen comments were in favor of the rule change. One 
comment was against the rule change and 2 comments addressed other 
issues not related to the NPRM. The commenter against the rule stated 
that the rule would have little impact to vehicle traffic because there 
are few bridge openings during weekdays, minimal openings in the 
afternoon peak vehicle traffic hours and there are minimal bridge 
openings on the weekends.
    Vehicle congestion along SR 22 is well documented by other public 
comments, meetings, and data and information gathered during this rule 
change. Vehicle congestion is particularly significant during morning 
and evening commuting and school hours. In promulgating drawbridge 
rules the Coast Guard balances the needs of land transportation and 
vessel traffic. The bridge opens on average 8 times per day Monday 
through Sunday. The rule will provide a positive impact to vehicle 
traffic by reducing the amount of time that the bridge is required to 
open and will provide vessels with the reasonable ability to use the 
waterway.
    This final rule changes the Madisonville (SR 22) swing span bridge 
operating schedule and allows the bridge to open on signal on the hour 
from 6 a.m. to 6 p.m. except that on Monday through Friday the bridge 
will not open from 6 a.m. to 8 a.m. and from 4 p.m. to 6 p.m. The 
bridge opens on signal from 6 p.m. to 6 a.m. each day. This allows 
vehicles to travel along SR 22 near Madisonville, LA unimpeded by 
bridge openings at the above times. There are no other changes to the 
operating schedule. The regulatory text appears at the end of this 
document.

IV. Regulatory Analyses

    We 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. 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).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice.

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

[[Page 12861]]

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 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 IV.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and 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 is 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.  117.500 to read as follows:


Sec.  117.500  Tchefuncta River.

    The draw of the SR 22 Bridge, mile 2.5, at Madisonville, LA shall 
operate according to the following schedule. On Monday through Friday 
the draw will operate as follows: From 6 p.m. to 5:59 a.m. the draw 
will open on signal; from 6 a.m. to 7:59 a.m. the draw need not open; 
from 8 a.m. to 4 p.m. the draw will open on signal on the hour; from 
4:01 p.m. to 6 p.m. the draw need not open. On Saturday and Sunday the 
draw will operate as follows: From 6 p.m. to 6 a.m. the draw will open 
on signal; from 6 a.m. to 6 p.m. the draw will open on signal on the 
hour.

    Dated: February 3, 2022.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2022-04860 Filed 3-7-22; 8:45 am]
BILLING CODE 9110-04-P


