Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Little River to Savannah River, Beaufort, SC, 41887-41889 [2017-18709]
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Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations
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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
mstockstill on DSK30JT082PROD 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.
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 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
VerDate Sep<11>2014
16:52 Sep 01, 2017
Jkt 241001
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 the
establishment of a special local
regulation that would prohibit entry of
vessels on the Tennessee River from
MM641 to MM 648.7 for four hours on
one day. It is categorically excluded
from further review under paragraph
34(h) of Figure 2–1 of the Commandant
Instruction. A Record of Environmental
Consideration supporting this
determination is 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T08–0691 to read as
follows:
■
§ 100.35T08–0691 Special Local
Regulation; Tennessee River, Knoxville, TN.
(a) Special local regulated area. The
following area is a temporary special
local regulation: All navigable waters of
the Tennessee River between mile
marker (MM) 641 and MM 648.7
Knoxville, TN.
(b) Effective date. This special local
regulation is effective from 9 a.m.
through 1 p.m. on September 17, 2017.
(c) Special local regulations. In
accordance with the general regulations
in § 100.801 of this part, entry into this
area is prohibited unless authorized by
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
Vessels are not permitted to transit
PO 00000
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41887
through or within the area while
swimmers are in the water from 9 a.m.
through 1 p.m.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through Local
Notice to Mariners and Broadcast
Notices to Mariners of the enforcement
period for the special local regulation,
as well as any changes in the planned
schedule.
Dated: August 25, 2017.
M.A. Wike,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017–18674 Filed 9–1–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0343]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway, Little
River to Savannah River, Beaufort, SC
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
Lady’s Island Bridge, across the Beaufort
River, Mile 536.0 at Beaufort, SC. This
modification allows Lady’s Island
Bridge to remain closed during peak
vehicular traffic times. The bridge
owner, South Carolina Department of
Transportation, requested this action to
assist in reducing traffic caused by
bridge openings.
DATES: This rule is effective October 5,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
0343 In the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Ms. Jennifer Zercher at telephone
305–415–6740, email
jennifer.n.zercher@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
E:\FR\FM\05SER1.SGM
05SER1
41888
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed
rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
WWM Waterways Management
II. Background Information and
Regulatory History
On May 10, 2016, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulation; Atlantic Intracoastal
Waterway, Little River to Savannah
River in the Federal Register (81 FR 90).
We received eight comments on this
rule.
On August 5th, 2015, a Temporary
Deviation, entitled, ‘‘Drawbridge
Operation Regulations: Atlantic
Intracoastal Waterway, Little River to
Savannah River,’’ was published in the
Federal Register [USCG–2015–0343] [80
FR 46492] to evaluate whether changing
the bridge opening schedule would
assist in reducing traffic congestion.
This deviation was in effect through
November 3rd, 2015.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 499.
The Lady’s Island Bridge in Beaufort,
South Carolina has a vertical clearance
of 30 feet at Mean High Water in the
closed position. The existing
drawbridge schedule can be found in 33
CFR 117.911(f).
On February 17th, 2015, Coast Guard
Sector Charleston Waterways
Management (WWM) staff observed the
Lady’s Island Bridge operations between
the hours of 6 a.m. and 10 a.m. During
the observation period, the staff
discussed potential changes with the
Bridge owner, South Carolina
Department of Transportation.
Additionally, WWM met with the
Beaufort County South Carolina traffic
manager to discuss bridge opening
impacts.
mstockstill on DSK30JT082PROD with RULES
IV. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received eight
comments regarding this rule. One
person supported this change. One
person requested that something should
be done about the decibels of the horn
on this bridge. This comment has been
forwarded to the Bridge Owner to
address. Six people are against changing
the bridge schedule as being too
restrictive to vessel traffic. While the
Coast Guard does agree that changing
this bridge regulation will be more
restrictive to the boating community,
based on observations, this change will
VerDate Sep<11>2014
16:52 Sep 01, 2017
Jkt 241001
be a better balance between land and
water traffic.
The Coast Guard is amending 33 CFR
117.911(f). This regulation would
modify timeframes the bridge may
remain closed. It would extend the
morning closure period, when the
bridge is authorized to remain closed,
by an additional half hour and the
afternoon closure period by an
additional hour. It would also set an
hourly opening schedule between 9 a.m.
and 3 p.m. when the Bridge will open
on the hour, thereby reducing openings
from twice an hour to once an hour
during daytime hours, Monday through
Friday, except Federal holidays. This
regulation would reduce vehicle
backups without unreasonably
restricting vessel traffic, thereby
balancing the needs of both modes of
transportation. No changes to the
existing regulation will be implemented
during the months of April, May,
October and November because higher
vessel traffic volumes exist during these
time periods. At all other times, this
bridge will open on signal.
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 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 ability that vessels can
still transit the bridge during scheduled
openings. Additionally, the modified
schedule will not apply during April,
May, October, and November when
transient season increases vessel 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
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
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 V.A above this final
rule would not have a significant
economic impact on any vessel owner
or operator.’’
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this 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.
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
E:\FR\FM\05SER1.SGM
05SER1
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations
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.
mstockstill on DSK30JT082PROD with RULES
F. Environment
We have analyzed this 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 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 rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction.
A preliminary Record of
Environmental Consideration and a
Memorandum for the Record are not
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.
VerDate Sep<11>2014
16:52 Sep 01, 2017
Jkt 241001
For the reasons discussed in the
preamble, the Coast Guard amends 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. In § 117.911, revise paragraph (f) to
read as follows:
■
§ 117.911 Atlantic Intracoastal Waterway,
Little River to Savannah River.
*
*
*
*
*
(f) The Lady’s Island Bridge (Woods
Memorial), across the Beaufort River,
Mile 536.0 at Beaufort. The draw shall
operate as follows:
(1) On Monday through Friday, except
Federal holidays:
(i) From 6:30 a.m. to 9 a.m. and 3 p.m.
to 6 p.m., the draw need not open to
navigation; and,
(ii) Between 9 a.m. to 3 p.m., the draw
need open only on the hour.
(2) During the months of April, May,
October, and November from Monday
through Friday, except Federal holidays,
the Lady’s Island Bridge (Woods
Memorial) shall operate as follows:
(i) From 7 a.m. to 9 a.m. and 4 p.m.
to 6 p.m., the draw need not open to
navigation; and,
(ii) Between 9 a.m. to 4 p.m., the draw
need open only on the hour and halfhour.
(3) At all other times the draw shall
open on signal.
Dated: August 22, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2017–18709 Filed 9–1–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0523]
RIN 1625–AA09
Drawbridge Operation Regulation; Rice
Creek, Putnam County, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
CSX Railroad Bridge across the Rice
SUMMARY:
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Fmt 4700
Sfmt 4700
41889
Creek, mile 0.8, in Palatka, Putnam
County, FL. This rule will change the
existing open on demand during the day
and 24 hour advance notice for a bridge
opening during the night, to 24 hour
advance notice for an opening at all
times.
DATES: This rule is effective October 5,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0523. In the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Eddie Lawrence, Coast Guard;
telephone 305–415–6946, email
Eddie.H.Lawrence@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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On November 11, 2016 we published
a notice of proposed rulemaking
(NPRM) entitled Operation Regulation;
Rice Creek, Putnam County, FL in the
Federal Register (81 FR 78952). We
received 2 comments on this rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 499.
The CSX Railroad Bridge across the
Rice Creek, mile 0.8, in Palatka, Putnam
County, FL is a swing bridge. It has a
vertical clearance of 2 feet at mean high
water in the closed position and a
horizontal clearance of 30 feet.
Presently, in accordance with 33 CFR
117.324, the Rice Creek CSX Railroad
Swing Bridge is required to open on
signal for the passage of vessels from 8
a.m. to 4 p.m., daily. From 4:01 p.m. to
7:59 a.m., daily, the bridge shall open
with a 24-hour advance notice to CSX.
On May 18th, 2015, CSX
Transportation, the bridge owner,
requested the Coast Guard consider
allowing the CSX Railroad Bridge across
Rice Creek to be converted from a
movable bridge to a fixed bridge. Their
request was made due to the minimal
drawbridge openings requested over the
past several years. The Coast Guard
determined that converting the bridge to
a fixed structure was not reasonable to
E:\FR\FM\05SER1.SGM
05SER1
]]>Agencies
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41887-41889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18709]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2015-0343]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Little River to Savannah River, Beaufort, SC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Lady's Island Bridge, across the Beaufort River, Mile 536.0
at Beaufort, SC. This modification allows Lady's Island Bridge to
remain closed during peak vehicular traffic times. The bridge owner,
South Carolina Department of Transportation, requested this action to
assist in reducing traffic caused by bridge openings.
DATES: This rule is effective October 5, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-0343 In the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Ms. Jennifer Zercher at telephone 305-415-6740, email
jennifer.n.zercher@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
[[Page 41888]]
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
WWM Waterways Management
II. Background Information and Regulatory History
On May 10, 2016, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway, Little River to Savannah River in the Federal Register (81 FR
90). We received eight comments on this rule.
On August 5th, 2015, a Temporary Deviation, entitled, ``Drawbridge
Operation Regulations: Atlantic Intracoastal Waterway, Little River to
Savannah River,'' was published in the Federal Register [USCG-2015-
0343] [80 FR 46492] to evaluate whether changing the bridge opening
schedule would assist in reducing traffic congestion. This deviation
was in effect through November 3rd, 2015.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499.
The Lady's Island Bridge in Beaufort, South Carolina has a vertical
clearance of 30 feet at Mean High Water in the closed position. The
existing drawbridge schedule can be found in 33 CFR 117.911(f).
On February 17th, 2015, Coast Guard Sector Charleston Waterways
Management (WWM) staff observed the Lady's Island Bridge operations
between the hours of 6 a.m. and 10 a.m. During the observation period,
the staff discussed potential changes with the Bridge owner, South
Carolina Department of Transportation. Additionally, WWM met with the
Beaufort County South Carolina traffic manager to discuss bridge
opening impacts.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard received eight comments regarding this rule. One
person supported this change. One person requested that something
should be done about the decibels of the horn on this bridge. This
comment has been forwarded to the Bridge Owner to address. Six people
are against changing the bridge schedule as being too restrictive to
vessel traffic. While the Coast Guard does agree that changing this
bridge regulation will be more restrictive to the boating community,
based on observations, this change will be a better balance between
land and water traffic.
The Coast Guard is amending 33 CFR 117.911(f). This regulation
would modify timeframes the bridge may remain closed. It would extend
the morning closure period, when the bridge is authorized to remain
closed, by an additional half hour and the afternoon closure period by
an additional hour. It would also set an hourly opening schedule
between 9 a.m. and 3 p.m. when the Bridge will open on the hour,
thereby reducing openings from twice an hour to once an hour during
daytime hours, Monday through Friday, except Federal holidays. This
regulation would reduce vehicle backups without unreasonably
restricting vessel traffic, thereby balancing the needs of both modes
of transportation. No changes to the existing regulation will be
implemented during the months of April, May, October and November
because higher vessel traffic volumes exist during these time periods.
At all other times, this bridge will open on signal.
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 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 ability that
vessels can still transit the bridge during scheduled openings.
Additionally, the modified schedule will not apply during April, May,
October, and November when transient season increases vessel 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 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 V.A
above this final rule would not have a significant economic impact on
any vessel owner or operator.''
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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.
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
[[Page 41889]]
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 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
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 rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not 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; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.911, revise paragraph (f) to read as follows:
Sec. 117.911 Atlantic Intracoastal Waterway, Little River to
Savannah River.
* * * * *
(f) The Lady's Island Bridge (Woods Memorial), across the Beaufort
River, Mile 536.0 at Beaufort. The draw shall operate as follows:
(1) On Monday through Friday, except Federal holidays:
(i) From 6:30 a.m. to 9 a.m. and 3 p.m. to 6 p.m., the draw need
not open to navigation; and,
(ii) Between 9 a.m. to 3 p.m., the draw need open only on the hour.
(2) During the months of April, May, October, and November from
Monday through Friday, except Federal holidays, the Lady's Island
Bridge (Woods Memorial) shall operate as follows:
(i) From 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the draw need not
open to navigation; and,
(ii) Between 9 a.m. to 4 p.m., the draw need open only on the hour
and half-hour.
(3) At all other times the draw shall open on signal.
Dated: August 22, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-18709 Filed 9-1-17; 8:45 am]
BILLING CODE 9110-04-P
