Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Wappoo Creek, Charleston, SC, 59562-59564 [2017-26999]

Download as PDF 59562 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Proposed Rules Bristol, WH–70, P.O. Box 3, Filton, Bristol BS34 7QE, United Kingdom; phone: +44 (0) 117 97 90700; fax: +44 (0) 117 97 95498; email: defence-operations-room@rollsroyce.com. (4) You may view this referenced service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7125. Issued in Burlington, Massachusetts, on December 8, 2017. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [FR Doc. 2017–26968 Filed 12–14–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF LABOR Wage and Hour Division 29 CFR Part 531 RIN 1235–AA21 Tip Regulations Under the Fair Labor Standards Act (FLSA) Wage and Hour Division, Department of Labor. ACTION: Proposed rule; extension of comment period. AGENCY: This document extends the period for filing written comments until February 5, 2018 on the proposed rulemaking: Tip Regulations Under the Fair Labor Standards Act. The Notice of Proposed Rulemaking (NPRM) was published in the Federal Register on December 5, 2017. The Department of Labor (Department) is taking this action in order to provide interested parties additional time to submit comments. DATES: The comment period for the proposed rule published December 5, 2017, at 82 FR 57395, is extended. The agency must receive comments on or before February 5, 2018. Comments must be received by 11:59 p.m. on February 5, 2018. ADDRESSES: To facilitate the receipt and processing of written comments on this NPRM, the Department encourages interested persons to submit their comments electronically. You may submit comments, identified by Regulatory Information Number (RIN) 1235–AA21, by either of the following methods: Electronic Comments: Follow the instructions for submitting comments on the Federal eRulemaking Portal http://www.regulations.gov. Mail: Address written submissions to Melissa Smith, Director of the Division of Regulations, Legislation, and ethrower on DSK3G9T082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 19:43 Dec 14, 2017 Jkt 244001 Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S– 3502, 200 Constitution Avenue NW, Washington, DC 20210. Instructions: This NPRM is available through the Federal Register and the http://www.regulations.gov website. You may also access this document via the Wage and Hour Division’s (WHD) website at http://www.dol.gov/whd/. All comment submissions must include the agency name and Regulatory Information Number (RIN 1235–AA21) for this NPRM. Response to this NPRM is voluntary. The Department requests that no business proprietary information, copyrighted information, or personally identifiable information be submitted in response to this NPRM. Submit only one copy of your comment by only one method (e.g., persons submitting comments electronically are encouraged not to submit paper copies). Please be advised that comments received will become a matter of public record and will be posted without change to http://www.regulations.gov, including any personal information provided. All comments must be received by 11:59 p.m. on the date indicated for consideration in this NPRM; comments received after the comment period closes will not be considered. Commenters should transmit comments early to ensure timely receipt prior to the close of the comment period. Electronic submission via http://www.regulations.gov enables prompt receipt of comments submitted as DOL continues to experience delays in the receipt of mail in our area. For access to the docket to read background documents or comments, go to the Federal eRulemaking Portal at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Melissa Smith, Director of the Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S– 3502, 200 Constitution Avenue NW, Washington, DC 20210, telephone: (202) 693–0406 (this is not a toll-free number). Copies of this NPRM may be obtained in alternative formats (Large Print, Braille, Audio Tape or Disc), upon request, by calling (202) 693–0675 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1 (877) 889– 5627 to obtain information or request materials in alternative formats. Questions of interpretation and/or enforcement of the agency’s regulations may be directed to the nearest WHD district office. Locate the nearest office by calling the WHD’s toll-free help line at (866) 4US–WAGE ((866) 487–9243) between 8 a.m. and 5 p.m. in your local PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 time zone, or log onto WHD’s website at http://www.dol.gov/whd/america2.htm for a nationwide listing of WHD district and area offices. SUPPLEMENTARY INFORMATION: I. Request for Comment On December 5, 2017, the Department published a NPRM and request for comments in the Federal Register (82 FR 57395), proposing to rescind portions of its tip regulations issued pursuant to the Fair Labor Standards Act. The NPRM also requested that interested parties from the public submit comments on the NPRM on or before January 4, 2018. The Department has decided to provide an extension of the period for submitting public comment until February 5, 2018. Bryan L. Jarrett, Acting Administrator, Wage and Hour Division. [FR Doc. 2017–27085 Filed 12–12–17; 4:15 pm] BILLING CODE 4510–27–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0713] RIN 1625–AA09 Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Wappoo Creek, Charleston, SC Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to modify the operating schedule that governs the SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek (AICW), mile 470.8, at Charleston, SC. This proposed action would eliminate the seasonal operating schedules and adjust the daily schedule due to an increase in vehicle traffic throughout the year. This proposed action is intended to reduce vehicular traffic congestion and provide a more consistent operating schedule for the bridge. DATES: Comments and related material must reach the Coast Guard on or before January 16, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2017–0713 using Federal eRulemaking Portal at http://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section SUMMARY: E:\FR\FM\15DEP1.SGM 15DEP1 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Proposed Rules below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email LT Justin Heck, Coast Guard Sector Charleston, SC, Waterways Management Division; telephone 843– 740–3184, email justin.c.heck@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget NPRM Notice of Proposed Rulemaking § Section U.S.C. United States Code AICW Atlantic Intracoastal Waterway SC South Carolina SR State Route 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 discuss First Amendment rights of protestors. ethrower on DSK3G9T082PROD with PROPOSALS II. Background, Purpose and Legal Basis The existing regulation for the SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek (AICW), mile 470.8, at Charleston, SC is contained in 33 CFR 117.911(d), which is entitled, ‘‘Atlantic Intracoastal Waterway, Little River to Savannah River.’’ This regulation provides three different seasonal operating schedules throughout the year. The SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek (AICW), mile 470.8 at Charleston, SC, provides a vertical clearance of 33 feet in the closed position at MHW and a horizontal clearance of 100 feet between fenders. On November 16, 2016, the Mayor of the City of Charleston requested that the Coast Guard modify the current regulation by changing the times the bridge is allowed to remain in the closed position, remove the seasonal operating schedules, and allow for a once an hour opening during the day. The South Carolina Department of Transportation, the bridge owner, has no objection to the requested changes. The requested modification should simplify the current operating schedule, allow for a more consistent and efficient operation of the bridge and provide relief to vehicle traffic congestion while meeting the reasonable needs of navigation. III. Discussion of Proposed Rule The Coast Guard proposes to modify the regulation contained in 33 CFR 117.911(d). Under this proposed regulation, the draw of the SR171/700 (Wappoo Cut) Bridge would open on signal, except from 6 a.m. to 9:29 a.m. and 3:31 p.m. to 7 p.m., the bridge need not open. Additionally, the draw would VerDate Sep<11>2014 19:43 Dec 14, 2017 Jkt 244001 open once an hour on the half hour, between the hours of 9:30 a.m. and 3:30 p.m. This proposed change would still allow vessels that can transit under the bridge, without an opening, to do so at any time while taking into account the reasonable needs of other modes of transportation. Emergency vessels and tugs with tows can still request openings at any time. 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 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 (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 of vessels to still transit the bridge once an hour during the day, except during the allowed closure times. Vessels in distress, public vessels of the United States and tugs with tows would be allowed to pass 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 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 59563 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 call 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 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:\FR\FM\15DEP1.SGM 15DEP1 59564 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Proposed Rules 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 an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, which guides 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 promulgating the operating regulations for a drawbridge. It is categorically excluded from further review under paragraph L49 of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 01. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. ethrower on DSK3G9T082PROD 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 http:// www.regulations.gov. If your material cannot be submitted using http:// VerDate Sep<11>2014 19:43 Dec 14, 2017 Jkt 244001 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 http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// www.regulations.gov/privacynotice. Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website’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; and Department of Homeland Security Delegation No. 0170.1. 2. Revise § 117.911(d) to read as follows: ■ § 117.911 Atlantic Intracoastal Waterway, Little River to Savannah River. * * * * * (d) SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek, mile 470.8, at Charleston, SC. The draw shall open on signal; except that the draw need not open from 6 a.m. to 9:29 a.m. and 3:31 p.m. to 7 p.m., Monday through Friday, except Federal holidays. Between 9:30 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays, the draw need open only once an hour on the half hour. * * * * * Dated: December 11, 2017. Peter J. Brown, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2017–26999 Filed 12–14–17; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 80 [Docket No. FWS–HQ–WSR–2017–0002; 91400–5110–POLI–7B; 91400–9410–POLI– 7B] RIN 1018–BA33 Financial Assistance: Wildlife Restoration, Sport Fish Restoration, Hunter Education and Safety Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), are proposing to update regulations for the PittmanRobertson Wildlife Restoration and the Dingell-Johnson Sport Fish Restoration programs and subprograms, based on comments we received during the last rulemaking that were never resolved, existing guidance that we intend to move to regulation, and updates requested by States to improve the processes under license certification. We believe these changes will clarify and simplify the regulations and help ensure consistency in administering the programs across the Nation. DATES: We will accept comments received or postmarked on or before February 13, 2018. ADDRESSES: Comment submission: You may submit comments, identified by docket number FWS–HQ–WSR–2017– 0002, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments to docket number FWS–HQ–WSR–2017– 0002. • U.S. mail: Public Comments Processing, Attn: Docket No. FWS–HQ– WSR–2017–0002; U.S. Fish and Wildlife Service; Division of Policy, Performance, and Management Programs; MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041–3803. • Hand Delivery/Courier: U.S. Fish and Wildlife Service; Division of Policy, Performance, and Management Programs; 5275 Leesburg Pike, Falls Church, VA 22041–3803. We will not accept email or faxes. All submissions received must include the agency name and docket number or Regulation Identifier Number (RIN) for this rulemaking. We will post all comments received without change to http://www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and other information on the SUMMARY: E:\FR\FM\15DEP1.SGM 15DEP1

Agencies

[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Proposed Rules]
[Pages 59562-59564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26999]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0713]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Wappoo Creek, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek (AICW), 
mile 470.8, at Charleston, SC. This proposed action would eliminate the 
seasonal operating schedules and adjust the daily schedule due to an 
increase in vehicle traffic throughout the year. This proposed action 
is intended to reduce vehicular traffic congestion and provide a more 
consistent operating schedule for the bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before January 16, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0713 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section

[[Page 59563]]

below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LT Justin Heck, Coast Guard Sector Charleston, SC, 
Waterways Management Division; telephone 843-740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code
AICW Atlantic Intracoastal Waterway
SC South Carolina
SR State Route

II. Background, Purpose and Legal Basis

    The existing regulation for the SR 171/700 (Wappoo Cut) Bridge 
across Wappoo Creek (AICW), mile 470.8, at Charleston, SC is contained 
in 33 CFR 117.911(d), which is entitled, ``Atlantic Intracoastal 
Waterway, Little River to Savannah River.'' This regulation provides 
three different seasonal operating schedules throughout the year.
    The SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek (AICW), mile 
470.8 at Charleston, SC, provides a vertical clearance of 33 feet in 
the closed position at MHW and a horizontal clearance of 100 feet 
between fenders.
    On November 16, 2016, the Mayor of the City of Charleston requested 
that the Coast Guard modify the current regulation by changing the 
times the bridge is allowed to remain in the closed position, remove 
the seasonal operating schedules, and allow for a once an hour opening 
during the day. The South Carolina Department of Transportation, the 
bridge owner, has no objection to the requested changes.
    The requested modification should simplify the current operating 
schedule, allow for a more consistent and efficient operation of the 
bridge and provide relief to vehicle traffic congestion while meeting 
the reasonable needs of navigation.

III. Discussion of Proposed Rule

    The Coast Guard proposes to modify the regulation contained in 33 
CFR 117.911(d). Under this proposed regulation, the draw of the SR171/
700 (Wappoo Cut) Bridge would open on signal, except from 6 a.m. to 
9:29 a.m. and 3:31 p.m. to 7 p.m., the bridge need not open. 
Additionally, the draw would open once an hour on the half hour, 
between the hours of 9:30 a.m. and 3:30 p.m.
    This proposed change would still allow vessels that can transit 
under the bridge, without an opening, to do so at any time while taking 
into account the reasonable needs of other modes of transportation. 
Emergency vessels and tugs with tows can still request openings 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 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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (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 of 
vessels to still transit the bridge once an hour during the day, except 
during the allowed closure times. Vessels in distress, public vessels 
of the United States and tugs with tows would be allowed to pass 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 call 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 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.

[[Page 59564]]

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 an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, which guides 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 promulgating the operating 
regulations for a drawbridge. It is categorically excluded from further 
review under paragraph L49 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01.
    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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  117.911(d) to read as follows:


Sec.  117.911  Atlantic Intracoastal Waterway, Little River to Savannah 
River.

* * * * *
    (d) SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek, mile 470.8, 
at Charleston, SC. The draw shall open on signal; except that the draw 
need not open from 6 a.m. to 9:29 a.m. and 3:31 p.m. to 7 p.m., Monday 
through Friday, except Federal holidays. Between 9:30 a.m. and 3:30 
p.m., Monday through Friday, except Federal holidays, the draw need 
open only once an hour on the half hour.
* * * * *

    Dated: December 11, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-26999 Filed 12-14-17; 8:45 am]
 BILLING CODE 9110-04-P