[Federal Register Volume 90, Number 96 (Tuesday, May 20, 2025)]
[Rules and Regulations]
[Pages 21413-21415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08990]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-0198]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Beaufort, SC
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Lady's Island (Woods Memorial) Bridge across the Atlantic
Intracoastal Waterway (AICW) (Beaufort River), mile 536.0, at Beaufort,
SC. We are modifying the specific requirement for the seasonal
operating schedule. This action will assist in reducing vehicular
traffic congestion and provide a consistent operating schedule for the
bridge.
DATES: This rule is effective June 20, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2024-0198) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Jennifer Zercher, Bridge Management Specialist,
Seventh Coast Guard District; telephone 571-607-5951, 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
SC South Carolina
SCDOT South Carolina Department of Transportation
TD Temporary Deviation
AICW Atlantic Intracoastal Waterway
II. Background Information and Regulatory History
On March 20, 2024, the Coast Guard published a temporary deviation
entitled ``Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway, Beaufort, SC'' in the Federal Register (89 FR 19731). That
temporary deviation, effective from 12:01 a.m. on March 25, 2024,
through 11:59 p.m. on September 29, 2024, allowed Lady's Island (Woods
Memorial) Bridge to operate without a seasonal opening schedule.
Fifteen comments were received during the test period and those
comments were addressed in the NPRM.
On October 25, 2024, the Coast Guard published a notice of proposed
rulemaking entitled ``Drawbridge Operation Regulation; Atlantic
Intracoastal Waterway, Beaufort, SC'' in the Federal Register (89 FR
85117). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to this regulatory change.
During the comment period that ended December 9, 2024, we received 70
comments, and those comments are addressed in section IV of this final
rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
Lady's Island (Woods Memorial) Bridge across the Atlantic
Intracoastal Waterway (AICW) Beaufort River, mile 536.0, at Beaufort,
SC, is a swing bridge with a 30-foot vertical clearance at mean high
water in the closed position. The normal operating schedule for the
bridge is found in 33 CFR 117.911(f).
SCDOT requested the Coast Guard consider changing the operating
schedule for the Lady's Island (Woods Memorial) Bridge by removing the
seasonal operating schedule which would align with other drawbridges
along the AICW in SC. The change would also extend restrictions during
peak traffic hours to assist with alleviating vehicle congestion.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 45 days on the NPRM,
and we received 70 comments. Most of the comments, approximately 47,
were in favor of the proposed changes. Some of the commentors in favor
of the proposed changes were unaware the swing bridge is currently
regulated to allow for scheduled openings to assist with vehicle
congestion. Some commenters alluded that the swing bridge opens on
demand and it should not open on demand because vehicle traffic is more
important. The Coast Guard has the responsibility to ensure the
reasonable needs of navigation are maintained while assisting with
competing modes of transportation. Some comments also asserted that
reducing openings will benefit the aging swing bridge and help with
operational integrity. Regardless of the swing bridge's age, SCDOT is
required by Federal law to maintain the working machinery in good
operating condition. If the swing bridge is experiencing frequent
operating failures that result in impacts to navigation, SCDOT would be
subject to enforcement proceedings. Specific drawbridge operating
schedules are not issued to relieve the owner or operator of the duty
to properly maintain or operate the swing span to save wear and tear on
the structure or machinery.
Eight comments proposed alternate operating schedules that would
not meet the reasonable needs of navigation. The commenters' proposed
alternate operating schedules included: no openings from 11 a.m. to 1
p.m. for lunch; the restricted openings should begin at 3 p.m.; no
openings for navigation between 8 a.m. to 4:30 p.m.; no openings during
school hours, and no openings on Sundays during church hours. These
proposed alternate operating schedules do not meet the reasonable needs
of navigation and could lead to unsafe conditions for vessels plying
these waters. Additionally, there is a high-level fixed bridge, McTeer
Bridge, approximately two miles away which provides an alternate route
for vehicle traffic. The AICW is a Federal Project Waterway that
extends over 1,500 miles from Boston to Florida Bay. It is the main
waterway artery for all recreational and commercial traffic that are
unable to safely transit offshore.
Nine comments gave no opinion on the proposed rule and provided
general comments that were outside the scope of the proposed rule. One
comment was a duplicate comment.
Five comments were against the proposed changes. The first comment
opposing the proposed change stated that with the drawbridge operation
regulation at the Wappoo Creek Bridge, this action will make the
transit difficult for boats slower than 10 knots and it will force
mariners to transit during the night or offshore when navigation is
inherently more dangerous. The
[[Page 21414]]
distance between these bridges is approximately 65 miles, with
planning, mariners should be able to reasonably transit the AICW. Three
comments stated they enjoy watching the bridge open, vehicles have an
alternate route and feel it does not open frequently. Vehicle traffic
does have an alternate route and bridge logs show the bridge opens on
average seven times a day which would be considered infrequent. One
commentor against the proposed change stated the City of Beaufort had
the opportunity to replace the aging bridge but chose to keep it as a
designated historical landmark. The choice to keep the low-level swing
bridge should not be to the detriment of navigation. As previously
stated, SCDOT is required by Federal law to properly maintain the swing
bridge regardless of age and provide navigation with openings per
Federal regulations.
This rule modifies the operating schedule for the Lady's Island
(Woods Memorial) Bridge by removing the seasonal operating schedule and
extending restrictions during peak traffic hours to assist with
alleviating vehicle congestion. The bridge will continue to open on
demand on Saturday, Sunday, Federal holidays, and daily each evening.
Monday through Friday the swing bridge will open once an hour as
designated and it will be allowed to remain closed to navigation during
peak traffic times. Public vessels of the Unites States, vessels in
distress, and tugs with tows are allowed to pass at any time. There are
no changes from the regulatory text in the proposed rule.
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.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge at the designated times. Vessels
able to transit without a drawbridge opening may do so 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 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 rule will 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
section.
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 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, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has 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 promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
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
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1. The authority citation for part 117 continues to read as follows:
[[Page 21415]]
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No.
00170.1, Revision No. 01.3.
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2. Amend Sec. 117.911 by revising paragraph (f) to read as follows:
Sec. 117.911 Atlantic Intracoastal Waterway, Little River to Savannah
River.
* * * * *
(f) Lady's Island (Woods Memorial) Bridge, across the Beaufort
River, mile 536.0, at Beaufort, SC. The draw shall operate as follows:
(1) Monday through Friday, except Federal holidays:
(i) From 6 a.m. to 9:29 a.m. and 3:31 p.m. to 7 p.m., the draw need
not open to navigation; and,
(ii) Between 9:30 a.m. and 3:30 p.m., the draw need open only once
an hour on the half hour.
(2) At all other times the draw shall open on signal.
Dated: May 13, 2025.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2025-08990 Filed 5-19-25; 8:45 am]
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