Safety Zone; Demolition of SC-41 Bridge, Wando River, Charleston, SC, 37515-37517 [2017-16993]
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Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations
700 feet above the earth at Hawthorne
Industrial Airport, Hawthorne, NV, for
the safety of aircraft and management of
airspace within the National Airspace
System.
History
On May 1, 2017, the FAA published
a notice of proposed rulemaking in the
Federal Register (82 FR 20290) Docket
No. FAA–2017–0297 to establish Class E
airspace extending upward from 700
feet above the surface at Hawthorne
Industrial Airport, Hawthorne, NV.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11A, dated August 3, 2016,
and effective September 15, 2016, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016,
and effective September 15, 2016. FAA
Order 7400.11A is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
asabaliauskas on DSKBBXCHB2PROD with RULES
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class E airspace extending
upward from 700 feet above the surface
within a 3.6-mile radius of Hawthorne
Industrial Airport, Hawthorne, NV, and
within 2 miles either side of a curved
line extending southeast to
approximately 15 miles east of the
airport. This airspace is necessary to
support IFR operations in standard
instrument approach and departure
procedures at the airport.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
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Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
37515
38°28′49″ N., long. 118°24′19″ W.; to lat.
38°32′06″ N., long. 118°18′07″ W.
Issued in Seattle, Washington, on August 2,
2017.
Byron Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2017–16896 Filed 8–10–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Coast Guard
Lists of Subjects in 14 CFR Part 71
SUMMARY:
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting
Points, dated August 3, 2016, and
effective September 15, 2016, is
amended as follows:
■
Paragraph 6005 Class E Airspace
Areas Extending Upward From 700 Feet
or More Above the Surface of the Earth.
*
*
*
AWP NV E5
*
*
Hawthorne, NV [New]
Hawthorne Industrial Airport, NV
(Lat. 38°32′42″ N., long. 118°37′57″ W.)
That airspace extending upward from 700
feet above the surface within 3.6 miles of the
Hawthorne Industrial Airport and within 2
miles each side of a line extending from lat.
38°32′25″ N., long. 118°37′26″ W.; to lat.
38°28′43″ N., long. 118°27′48″ W.; to lat.
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33 CFR Part 165
[Docket Number USCG–2017–0348]
RIN 1625–AA–00
Safety Zone; Demolition of SC–41
Bridge, Wando River, Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Wando River
within a 500-yard radius of SC–41
Bridge, vessels and machinery in
Charleston, South Carolina. The safety
zone is needed to ensure the safety of
persons, vessels, and the marine
environment from potential hazards
created by demolition work on the SC–
41 Bridge. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Charleston or a designated
representative.
This rule is effective without
actual notice from August 11, 2017 until
August 30, 2017. For purposes of
enforcement, actual notice will be used
from August 4, 2017 until August 11,
2017.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0348 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule call or
email Lieutenant Justin Heck, Sector
Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email Justin.C.Heck@
uscg.mil.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
E:\FR\FM\11AUR1.SGM
Code of Federal Regulations
11AUR1
37516
Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
OMB Office of Management and Budget
asabaliauskas on DSKBBXCHB2PROD with RULES
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
insufficient time remains to publish an
NPRM and to receive public comments,
as the bridge demolition will occur
before the rulemaking process would be
completed. The safety zone is necessary
to provide for the safety of personnel,
vessels, and the marine environment
from potential hazards created by
demolition work on the bridge. For
those reasons, it would be impracticable
and contrary to the public interest to
publish an NPRM.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be contrary to public interest
because immediate action is needed to
respond to the potential safety hazards
associated with the demolition work on
the SC–41 Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Charleston has
determined that potential hazards
associated with the bridge demolition
starting August 4, 2017 will be a safety
concern for anyone within a 500-yard
radius of the bridge, vessels, and
machinery. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
demolition is in progress.
IV. Discussion of the Rule
This rule establishes a safety zone on
the waters of the Wando River in
Charleston, South Carolina during the
SC–41 bridge demolition. The
demolition will have two separate
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demolitions between August 4, 2017
and August 30, 2017 which will be
enforced for approximately six hours
each. The safety zone will cover all
navigable waters within 500 yards of the
bridge, vessels, and machinery being
used for the demolition of the SC–41
Bridge. No vessel or person will be
permitted to enter, transit through,
anchor in, or remain within the safety
zone without obtaining permission from
the Captain of the Port Charleston or a
designated representative. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the Captain of the
Port Charleston or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Charleston or a
designated representative. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
V. 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 protestors.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review) 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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying costs and benefits, reducing
costs, harmonizing rules, and promoting
flexibility. Executive Order 13771
(Reducing Regulation and Controlling
Regulatory Costs) directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
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from the requirements of Executive
Order 13771. See the OMB
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2017 titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (February 2, 2017).
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will only be
enforced for a total of twelve hours; (2)
although persons and vessels may not
enter, transit through, anchor in, or
remain within the safety zone without
authorization from the Captain of the
Port Charleston or a designated
representative, they may operate in the
surrounding area during the
enforcement period; and (3) the Coast
Guard will provide advance notification
of the safety zone to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
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 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 safety
zone 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
E:\FR\FM\11AUR1.SGM
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Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations
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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
asabaliauskas on DSKBBXCHB2PROD with RULES
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 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. If you
believe this 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
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 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
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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 rule involves a safety
zone that will prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within a limited area surrounding the
SC–41 Bridge on the waters of the
Wando River for two six hour periods.
This rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Record of Environmental
Consideration are available in the
docket where indicated under
ADDRESSES.
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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
37517
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Charleston by telephone at (843) 740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement period. This rule will
be enforced from August 4, 2017
through August 30, 2017, during
demolition activity.
Dated: August 3, 2017.
G.G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2017–16993 Filed 8–10–17; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and
Department of Homeland Security Delegation
No. 0170.
33 CFR Part 165
[Docket Number USCG–2015–0084]
RIN 1625–AA00, AA11
■
2. Add § 165.T07–0348 to read as
follows:
Great Lakes—Regulated Navigation
Areas and Safety Zones
§ 165.T07–0348 Safety Zone; Demolition of
SC–41 Bridge, Wando River, Charleston,
SC.
AGENCY:
(a) Location. All waters of the Wando
River encompassed within a 500-yard
radius of SC–41 Bridge, vessels and
machinery.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
SUMMARY:
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ACTION:
Coast Guard, DHS.
Final rule.
The Coast Guard is amending
its Great Lakes Regulated Navigation
Areas to include one additional
regulated navigation area in Green Bay,
WI and safety zones in the Lake Erie
Islands, OH and Saginaw Bay, MI. These
zones will apply during the winter
months and are necessary to protect
waterway users, vessels, and mariners
from hazards associated with winter
conditions and navigation.
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]]>Agencies
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Rules and Regulations]
[Pages 37515-37517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16993]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0348]
RIN 1625-AA-00
Safety Zone; Demolition of SC-41 Bridge, Wando River, Charleston,
SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Wando River within a 500-yard radius of SC-41
Bridge, vessels and machinery in Charleston, South Carolina. The safety
zone is needed to ensure the safety of persons, vessels, and the marine
environment from potential hazards created by demolition work on the
SC-41 Bridge. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Charleston or
a designated representative.
DATES: This rule is effective without actual notice from August 11,
2017 until August 30, 2017. For purposes of enforcement, actual notice
will be used from August 4, 2017 until August 11, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0348 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule
call or email Lieutenant Justin Heck, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
Justin.C.Heck@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
[[Page 37516]]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
OMB Office of Management and Budget
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because insufficient time remains to publish
an NPRM and to receive public comments, as the bridge demolition will
occur before the rulemaking process would be completed. The safety zone
is necessary to provide for the safety of personnel, vessels, and the
marine environment from potential hazards created by demolition work on
the bridge. For those reasons, it would be impracticable and contrary
to the public interest to publish an NPRM.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest because
immediate action is needed to respond to the potential safety hazards
associated with the demolition work on the SC-41 Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Charleston has determined that potential
hazards associated with the bridge demolition starting August 4, 2017
will be a safety concern for anyone within a 500-yard radius of the
bridge, vessels, and machinery. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the demolition is in progress.
IV. Discussion of the Rule
This rule establishes a safety zone on the waters of the Wando
River in Charleston, South Carolina during the SC-41 bridge demolition.
The demolition will have two separate demolitions between August 4,
2017 and August 30, 2017 which will be enforced for approximately six
hours each. The safety zone will cover all navigable waters within 500
yards of the bridge, vessels, and machinery being used for the
demolition of the SC-41 Bridge. No vessel or person will be permitted
to enter, transit through, anchor in, or remain within the safety zone
without obtaining permission from the Captain of the Port Charleston or
a designated representative. If authorization to enter, transit
through, anchor in, or remain within the safety zone is granted by the
Captain of the Port Charleston or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Charleston or a designated
representative. The Coast Guard will provide notice of the safety zone
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
V. 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 protestors.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs) directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be identified for elimination, and that the cost
of planned regulations be prudently managed and controlled through a
budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory
Costs' '' (February 2, 2017).
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will only be enforced for a
total of twelve hours; (2) although persons and vessels may not enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
enforcement period; and (3) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.
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 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
safety zone 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
[[Page 37517]]
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 will 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 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. If
you believe this 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 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 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
rule involves a safety zone that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area surrounding the SC-41 Bridge on the waters of the Wando
River for two six hour periods. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Record of Environmental Consideration are
available in the docket where indicated under ADDRESSES.
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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; and Department of Homeland Security Delegation No.
0170.
0
2. Add Sec. 165.T07-0348 to read as follows:
Sec. 165.T07-0348 Safety Zone; Demolition of SC-41 Bridge, Wando
River, Charleston, SC.
(a) Location. All waters of the Wando River encompassed within a
500-yard radius of SC-41 Bridge, vessels and machinery.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement period. This rule will be enforced from August 4,
2017 through August 30, 2017, during demolition activity.
Dated: August 3, 2017.
G.G. Stump,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-16993 Filed 8-10-17; 8:45 am]
BILLING CODE 9110-04-P
