[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28793-28795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10920]


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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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Lady's Island Bridge, across the Beaufort River, Mile 536.0 
at Beaufort, SC. This modification would allow 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: Comments and related material must reach the Coast Guard on or 
before July 11, 2016.

ADDRESSES:  You may submit comments identified by docket number USCG-
2015-0343 using Federal eRulemaking Portal at http://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 Lieutenant John Z. Downing at telephone 843-740-
3184, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The City of Beaufort, South Carolina requested that the bridge 
owner and the U.S. Coast Guard modify the operating schedule for Lady's 
Island Bridge to reduce vehicular traffic in the City of Beaufort and 
surrounding communities. 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.
    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.
    During the deviation period the Coast Guard received six comments, 
five of which recommended retaining the operating schedule currently 
found at 33 CFR 117.911(f). One comment proposed a bridge opening 
during the morning and afternoon vehicular traffic rush hours. Based on 
the Coast Guard's observation of bridge use during peak traffic hours, 
the existing schedule would continue to create an unreasonable amount 
of vehicle traffic during morning and afternoon commutes and generally 
during daylight hours. One comment further suggested not changing the 
existing schedule during certain times of the year when increased 
vessel traffic is expected. The Coast Guard adopted this proposal 
because would meet the reasonable needs of navigation.
    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).

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.911(f). This proposed 
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 hourly openings from twice an hour to once an 
hour during daytime hours, Monday through Friday, except Federal 
holidays. This proposed 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.
    The South Carolina Department of Transportation, the bridge owner, 
has no objections to this proposed schedule.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on these statutes and E.O.s and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 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 E.O. 12866. Accordingly,

[[Page 28794]]

the NPRM has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on vessels being able 
to plan voyages that require transiting the bridge during the scheduled 
opening periods or, when capable of doing so, vessels may transit under 
the bridge 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 
section 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 E.O. 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 an 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 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.

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, 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 notice, and all public comments, are in 
our online docket at http://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:

[[Page 28795]]

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:
* * * * *
    (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: May 4, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-10920 Filed 5-9-16; 8:45 am]
 BILLING CODE 9110-04-P