[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Proposed Rules]
[Pages 59562-59564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26999]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0713]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Wappoo Creek, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek (AICW),
mile 470.8, at Charleston, SC. This proposed action would eliminate the
seasonal operating schedules and adjust the daily schedule due to an
increase in vehicle traffic throughout the year. This proposed action
is intended to reduce vehicular traffic congestion and provide a more
consistent operating schedule for the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before January 16, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0713 using Federal eRulemaking Portal at http://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section
[[Page 59563]]
below for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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
Sec. Section
U.S.C. United States Code
AICW Atlantic Intracoastal Waterway
SC South Carolina
SR State Route
II. Background, Purpose and Legal Basis
The existing regulation for the SR 171/700 (Wappoo Cut) Bridge
across Wappoo Creek (AICW), mile 470.8, at Charleston, SC is contained
in 33 CFR 117.911(d), which is entitled, ``Atlantic Intracoastal
Waterway, Little River to Savannah River.'' This regulation provides
three different seasonal operating schedules throughout the year.
The SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek (AICW), mile
470.8 at Charleston, SC, provides a vertical clearance of 33 feet in
the closed position at MHW and a horizontal clearance of 100 feet
between fenders.
On November 16, 2016, the Mayor of the City of Charleston requested
that the Coast Guard modify the current regulation by changing the
times the bridge is allowed to remain in the closed position, remove
the seasonal operating schedules, and allow for a once an hour opening
during the day. The South Carolina Department of Transportation, the
bridge owner, has no objection to the requested changes.
The requested modification should simplify the current operating
schedule, allow for a more consistent and efficient operation of the
bridge and provide relief to vehicle traffic congestion while meeting
the reasonable needs of navigation.
III. Discussion of Proposed Rule
The Coast Guard proposes to modify the regulation contained in 33
CFR 117.911(d). Under this proposed regulation, the draw of the SR171/
700 (Wappoo Cut) Bridge would open on signal, except from 6 a.m. to
9:29 a.m. and 3:31 p.m. to 7 p.m., the bridge need not open.
Additionally, the draw would open once an hour on the half hour,
between the hours of 9:30 a.m. and 3:30 p.m.
This proposed change would still allow vessels that can transit
under the bridge, without an opening, to do so at any time while taking
into account the reasonable needs of other modes of transportation.
Emergency vessels and tugs with tows can still request openings at any
time.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 of
vessels to still transit the bridge once an hour during the day, except
during the allowed closure times. Vessels in distress, public vessels
of the United States and tugs with tows would be allowed to pass 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, 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 Executive Order
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.
[[Page 59564]]
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 rule under Department of Homeland Security
Directive 023-01, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have 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 involves promulgating the operating
regulations for a drawbridge. It is categorically excluded from further
review under paragraph L49 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01.
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, visit http://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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:
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. Revise Sec. 117.911(d) to read as follows:
Sec. 117.911 Atlantic Intracoastal Waterway, Little River to Savannah
River.
* * * * *
(d) SR 171/700 (Wappoo Cut) Bridge across Wappoo Creek, mile 470.8,
at Charleston, SC. The draw shall open on signal; except that the draw
need not open from 6 a.m. to 9:29 a.m. and 3:31 p.m. to 7 p.m., Monday
through Friday, except Federal holidays. Between 9:30 a.m. and 3:30
p.m., Monday through Friday, except Federal holidays, the draw need
open only once an hour on the half hour.
* * * * *
Dated: December 11, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-26999 Filed 12-14-17; 8:45 am]
BILLING CODE 9110-04-P