[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]


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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.

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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


