2020-16012. Drawbridge Operation Regulation; Lacombe Bayou, LA  

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    AGENCY:

    Coast Guard, DHS.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

    This rule is effective August 26, 2020.

    ADDRESSES:

    To view documents mentioned in this preamble as being Start Printed Page 45093available in the docket, go to https://www.regulations.gov. Type USCG-2018-0953 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

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    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Mr. Doug Blakemore, Eighth Coast Guard District Bridge Administrator; telephone (504) 671-2128, email Douglas.A.Blakemore@uscg.mil.

    End Further Info End Preamble Start Supplemental Information

    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)

    § Section

    STP St. Tammany Parish

    Trace Tammany Trace

    U.S.C. United States Code

    II. Background Information and Regulatory History

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

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.

    St. Tammany Parish (STP) requested to change the operating requirements for the Tammany Trace swing bridge across Lacombe Bayou, mile 5.2, at Lacombe, St. Tammany Parish, Louisiana. This bridge currently opens on signal according to 33 CFR part 117.5. STP requested to open the bridge if vessels provide 2 hours advance notification.

    This bridge spans the Tammany Trace which is a park area that is used by pedestrians and bicyclists. The park is open from 7 a.m. to 7:30 p.m. daily. The bridge operates during park hours and is secured in the open to navigation position when the park is closed. This bridge has a vertical clearance of 9.7 feet above mean high water in the closed to vessel position and unlimited vertical clearance in the open to vessel traffic position. This waterway is primarily used by recreational boaters in the Lacombe area and does not support commercial activity. The STP bridge operators also perform park official activities including bike, pedestrian and equestrian operations and maintenance. There are few vessel movements through this bridge. From 2015 through 2017 the bridge opened 197 times for vessel passage. This equates to less than 3 bridge openings per month.

    This change allows the parish to coordinate and schedule Tammany Trace requirements and provide for the reasonable needs of navigation.

    IV. Discussion of Comments, Changes and the Final Rule

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

    V. Regulatory Analyses

    The Coast Guard has developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protesters.

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget (OMB) and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771.

    This regulatory action determination is based on the lack of commercial vessel traffic on this waterway, and the recreational boats that routinely transit the bridge under the proposed schedule. Those vessels with a vertical clearance requirement of less than 9.7 feet above mean high water may transit the bridge at any time, and the bridge will open in case of emergency at any time. This regulatory action takes into account the reasonable needs of vessel and vehicular traffic.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received 0 comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

    While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

    Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

    C. Collection of Information

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

    D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and Start Printed Page 45094have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.

    Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01, Rev.1, associated implementing instructions, and Environmental Planning Policy COMDTINST 5090.1 (series) which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The Coast Guard has determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule promulgates the operating regulations or procedures for drawbridges and s categorically excluded from further review, under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental Planning Implementation Procedures.

    Neither a Record of Environmental Consideration nor a Memorandum for the Record are required for this rule.

    G. Protest Activities

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

    Start List of Subjects

    List of Subjects in 33 CFR Part 117

    • Bridges
    End List of Subjects

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

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    PART 117—DRAWBRIDGE OPERATION REGULATIONS

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

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    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of Homeland Security Delegation No. 0170.1.

    End Authority Start Amendment Part

    2. Revise § 117.463 to read as follows

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    Lacombe Bayou

    (a) The draw of the US190 bridge, mile 6.8 at Lacombe, shall open on signal if at least 48 hours notice is given.

    (b) The draw of the Tammany Trace bridge, mile 5.2 at Lacombe, shall open on signal if at least 2 hours notice is given.

    Start Signature

    Dated: July 16, 2020.

    John P. Nadeau,

    Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.

    End Signature End Supplemental Information

    [FR Doc. 2020-16012 Filed 7-24-20; 8:45 am]

    BILLING CODE 9110-04-P

Document Information

Effective Date:
8/26/2020
Published:
07/27/2020
Department:
Coast Guard
Entry Type:
Rule
Action:
Final rule.
Document Number:
2020-16012
Dates:
This rule is effective August 26, 2020.
Pages:
45092-45094 (3 pages)
Docket Numbers:
Docket No. USCG-2018-0953
RINs:
1625-AA09: Drawbridge Regulations
RIN Links:
https://www.federalregister.gov/regulations/1625-AA09/drawbridge-regulations
Topics:
Bridges
PDF File:
2020-16012.Pdf
Supporting Documents:
» Drawbridge Operation Regulation; Lacombe Bayou, LA
» Drawbridge Operation Regulations; Lacombe Bayou, LA
CFR: (1)
33 CFR 117.463