Drawbridge Operation Regulation; Ashley River, Charleston, SC, 18879-18881 [2017-08142]
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Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Proposed Rules
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.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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
VerDate Sep<11>2014
13:03 Apr 21, 2017
Jkt 241001
without change to https://
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
proposed rule, and all public comments,
are in our online docket at https://
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
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.
2. Amend § 117.263 by revising
paragraph (a) to read as follows:
■
§ 117.263
Banana River
(a) The draw of the Mathers Bridge,
mile 0.5, at Indian Harbour Beach, will
operate in accordance with the
following schedule:
(1) Sundays through Thursdays,
between 6 a.m. and 10 p.m., the draw
will open on signal, on the hour and on
the half hour.
(2) Fridays, Saturdays, and Federal
holidays, 24 hours a day, the draw will
open on signal, on the hour and on the
half hour.
(3) At all other times, the bridge shall
open on signal if at least two hours
notice is given.
*
*
*
*
*
Dated: April 7, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard.
[FR Doc. 2017–08141 Filed 4–21–17; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
18879
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0776]
RIN 1625–AA09
Drawbridge Operation Regulation;
Ashley River, Charleston, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Ashley River Bridges across
the Ashley River, miles 2.4 and 2.5 at
Charleston, SC. This proposed rule
would require a bridge tender to be
present during the daytime hours only
from 9 a.m. to 4 p.m. daily for on signal
openings. All other times would require
12 hours advance notification. This
modification would provide some relief
to vehicle traffic congestion and would
have little to no effect on navigation.
DATES: Comments and related material
must reach the Coast Guard on or before
June 23, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0776 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
If
you have questions on this proposed
rule, call or email LT John Downing
with the Coast Guard; telephone 843–
740–3184, email john.z.downing@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
SCDOT South Carolina Department of
Transportation
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
On May 19, 2015, the HDR/ICA
contractor for South Carolina
Department of Transportation requested
that the Coast Guard review the current
bridge operating schedule to determine
whether a change could be made to
improve vehicle traffic flow in the area.
E:\FR\FM\24APP1.SGM
24APP1
18880
Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Proposed Rules
The bridge owner, South Carolina
Department of Transportation (SCDOT)
was also consulted on this issue and
concurred with the recommendation to
change the current 12 hours advance
notice for a bridge opening to be
extended to include nighttime hours.
The US 17, Ashley River Bridges,
miles 2.4 and 2.5, at Charleston, SC are
double leaf bascule bridges. Each bridge
has a vertical clearance of 24 feet in the
closed position at mean high water and
a horizontal clearance of 90 feet.
Presently, in accordance with 33 CFR
117.915(a), the Ashley River bridges
(US17) also known as the US17
Highway Bridge at miles 2.4 and 2.5 at
Charleston, SC shall open on signal,
except that from 7 a.m. until 9 a.m.
Monday through Friday and 4 p.m. to 7
p.m. daily, the draws need be opened
only if at least 12 hours notice is given.
The draws of either bridge shall open as
soon as possible for the passage of
vessels in an emergency involving
danger to life or property.
III. Discussion of Proposed Rule
The Coast Guard proposes to change
the operation of the Ashley River (US17)
Bridges, Atlantic Intracoastal Waterway,
miles 2.4 and 2.5, at Charleston, SC. The
proposed regulation would require a
bridge tender to be present during the
daytime hours only from 9 a.m. to 4
p.m. daily to open the bridge on signal.
All other times would require at least 12
hours notice. This regulation change
should not have a significant impact on
navigation in this area.
These proposed changes will still
allow vessels to pass through the bridge
while taking into account the reasonable
needs of other modes of transportation.
Vessels not requiring an opening may
pass at any time.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
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 also 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
VerDate Sep<11>2014
13:03 Apr 21, 2017
Jkt 241001
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 the limited impact that it is
anticipated to have on vessel traffic on
the Atlantic Intracoastal Waterway,
while taking in to consideration the
needs of vehicular traffic. Vessels that
can transit under the bridge without an
opening may do so. Emergency vessels
and tugs with tows can still request
openings at any time.
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 not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
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
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
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 promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
E:\FR\FM\24APP1.SGM
24APP1
Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Proposed Rules
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.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
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
proposed rule and all public comments
are in our online docket at https://
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.
VerDate Sep<11>2014
17:01 Apr 21, 2017
Jkt 241001
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
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.
2. Amend § 117.915 by revising
paragraph (a) to read as follows:
■
§ 117.915
Ashley River.
(a) The draws of the US17 highway
bridges, mile 2.4 and 2.5 at Charleston,
SC shall open on signal; except that,
from 4 p.m. to 9 a.m. daily, the draws
shall open only if at least 12 hours
notice is given. The draws of either
bridge shall open as soon as possible for
the passage of vessels in an emergency
involving danger to life or property.
*
*
*
*
*
Dated: April 7, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2017–08142 Filed 4–21–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0542; A–1–FRL–
9952–92–Region 1]
Air Plan Approval; Connecticut;
General Permit To Limit Potential To
Emit From Major Stationary Sources of
Air Pollution
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Connecticut. The intended effect of this
action is to approve into the
Connecticut SIP the provisions of
Connecticut’s ‘‘General Permit to Limit
Potential to Emit from Major Stationary
Sources of Air Pollution’’ (GPLPE) as
they apply to the restriction of
emissions of criteria pollutants for
which EPA has established national
ambient air quality standards.
Separately, we are also approving the
provisions of the GPLPE as it applies to
SUMMARY:
PO 00000
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18881
the restriction of emissions of hazardous
air pollutants (HAPs). The State issued
the GPLPE on November 9, 2015. The
permit imposes legally and practicably
enforceable emissions limitations
restricting eligible sources’ potential to
emit air pollutants. Such restrictions
would generally allow eligible sources
to avoid having to comply with
reasonably available control technology
(RACT) that would otherwise apply to
major stationary sources, title V
operating permit requirements, or other
requirements that apply only to major
stationary sources. This action is being
taken in accordance with the Clean Air
Act.
DATES: Written comments must be
received on or before May 24, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2016–0542 at https://
www.regulations.gov, or via email to
mcdonnell.ida@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lancey, Air Permits, Toxics, and
Indoor Programs Unit, Office of
Ecosystem Protection, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912, telephone
617–918–1656, fax 617–918–0656, email
lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
E:\FR\FM\24APP1.SGM
24APP1
]]>Agencies
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Proposed Rules]
[Pages 18879-18881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08142]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0776]
RIN 1625-AA09
Drawbridge Operation Regulation; Ashley River, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Ashley River Bridges across the Ashley River, miles 2.4 and
2.5 at Charleston, SC. This proposed rule would require a bridge tender
to be present during the daytime hours only from 9 a.m. to 4 p.m. daily
for on signal openings. All other times would require 12 hours advance
notification. This modification would provide some relief to vehicle
traffic congestion and would have little to no effect on navigation.
DATES: Comments and related material must reach the Coast Guard on or
before June 23, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0776 using Federal eRulemaking Portal at https://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 LT John Downing with the Coast Guard; telephone
843-740-3184, email john.z.downing@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
SCDOT South Carolina Department of Transportation
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
On May 19, 2015, the HDR/ICA contractor for South Carolina
Department of Transportation requested that the Coast Guard review the
current bridge operating schedule to determine whether a change could
be made to improve vehicle traffic flow in the area.
[[Page 18880]]
The bridge owner, South Carolina Department of Transportation (SCDOT)
was also consulted on this issue and concurred with the recommendation
to change the current 12 hours advance notice for a bridge opening to
be extended to include nighttime hours.
The US 17, Ashley River Bridges, miles 2.4 and 2.5, at Charleston,
SC are double leaf bascule bridges. Each bridge has a vertical
clearance of 24 feet in the closed position at mean high water and a
horizontal clearance of 90 feet.
Presently, in accordance with 33 CFR 117.915(a), the Ashley River
bridges (US17) also known as the US17 Highway Bridge at miles 2.4 and
2.5 at Charleston, SC shall open on signal, except that from 7 a.m.
until 9 a.m. Monday through Friday and 4 p.m. to 7 p.m. daily, the
draws need be opened only if at least 12 hours notice is given. The
draws of either bridge shall open as soon as possible for the passage
of vessels in an emergency involving danger to life or property.
III. Discussion of Proposed Rule
The Coast Guard proposes to change the operation of the Ashley
River (US17) Bridges, Atlantic Intracoastal Waterway, miles 2.4 and
2.5, at Charleston, SC. The proposed regulation would require a bridge
tender to be present during the daytime hours only from 9 a.m. to 4
p.m. daily to open the bridge on signal. All other times would require
at least 12 hours notice. This regulation change should not have a
significant impact on navigation in this area.
These proposed changes will still allow vessels to pass through the
bridge while taking into account the reasonable needs of other modes of
transportation. Vessels not requiring an opening may pass 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 also
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 the limited impact
that it is anticipated to have on vessel traffic on the Atlantic
Intracoastal Waterway, while taking in to consideration the needs of
vehicular traffic. Vessels that can transit under the bridge without an
opening may do so. Emergency vessels and tugs with tows can still
request openings at any time.
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 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 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 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 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
promulgates the operating regulations or procedures for drawbridges.
Normally such actions are categorically excluded from further
[[Page 18881]]
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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://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 proposed rule and all public comments
are in our online docket at https://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. Amend Sec. 117.915 by revising paragraph (a) to read as follows:
Sec. 117.915 Ashley River.
(a) The draws of the US17 highway bridges, mile 2.4 and 2.5 at
Charleston, SC shall open on signal; except that, from 4 p.m. to 9 a.m.
daily, the draws shall open only if at least 12 hours notice is given.
The draws of either bridge shall open as soon as possible for the
passage of vessels in an emergency involving danger to life or
property.
* * * * *
Dated: April 7, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-08142 Filed 4-21-17; 8:45 am]
BILLING CODE 9110-04-P
