[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Rules and Regulations]
[Pages 59517-59519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26998]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0776]
RIN 1625-AA09
Drawbridge Operation Regulation; Ashley River, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the US17 Highway Bridges (Ashley River Bridges), across the
Ashley River, miles 2.4 and 2.5, in Charleston, SC. This rule requires
a bridge tender to be present during daytime hours only from 9 a.m. to
4 p.m. daily for on signal openings. All other times a 12 hour advanced
notification is required. This modification provides relief to vehicle
traffic congestion with minimal effect on navigation.
DATES: This rule is effective January 16, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2016-0776 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 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 (Advance, Supplemental)
[[Page 59518]]
Sec. Section
U.S.C. United States Code
SCDOT South Carolina Department of Transportation
SC South Carolina
II. Background Information and Regulatory History
On April 24, 2017, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Ashley River,
Charleston, SC'' in the Federal Register (82 FR 18879). We received no
comments on this rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499.
The US17 Highway Bridges (Ashley River Bridges), across the Ashley
River, miles 2.4 and 2.5, at Charleston, SC are parallel double leaf
bascule bridges. Each bridge has a vertical clearance of 24 feet in the
closed position at mean high water and a horizontal clearance of 90
feet. Presently, in accordance with 33 CFR 117.915(a), the US17 Highway
Bridges (Ashley River Bridges) are required to open on signal; except
that, from 7 a.m. to 9 a.m. Monday through Friday and 4 p.m. to 7 p.m.
daily, the draws need to be opened only if at least 12 hours notice is
given. The draws of either bridge shall open as soon as possible for
the passage of vessels in an emergency involving danger to life or
property.
On May 19, 2015, the HDR/ICA contractor for South Carolina
Department of Transportation requested that the Coast Guard review the
current bridge operating schedule to determine whether a change could
be made to improve vehicle traffic flow in the area. The bridge owner,
South Carolina Department of Transportation (SCDOT) was consulted on
this issue and concurred with the recommendations which would change
the current 12 hour advance notice for a bridge opening to include
night time hours.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 30 days and no
comments were received.
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: (1) The ability
for vessels to transit the bridge given advanced notice, (2) vessels
that can transit under the bridge without an opening may do so at
anytime, and (3) the draws of either bridge shall open as soon as
possible for the passage of vessels in an emergency.
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 zero 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 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,
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 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.
No comments were received; therefore, no changes were made to the
regulatory text.
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.
[[Page 59519]]
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 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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 117.915 by revising paragraph (a) to read as follows:
Sec. 117.915 Ashley River.
(a) The draws of the US17 Highway Bridges (Ashley River Bridges),
mile 2.4 and 2.5 at Charleston, SC shall open on signal; except that,
from 4 p.m. to 9 a.m. daily, the draws shall open only if at least 12
hours notice is given. The draws of either bridge shall open as soon as
possible for the passage of vessels in an emergency involving danger to
life or property.
* * * * *
Dated: December 11, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-26998 Filed 12-14-17; 8:45 am]
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