[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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