[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]


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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, Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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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 http://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 
[email protected].

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]
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