[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Rules and Regulations]
[Pages 27519-27520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10739]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2021-0012]
RIN 1625-AA09


Drawbridge Operation Regulation; Savannah River, Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Houlihan (US 17) Bridge, across the Savannah River, mile 
21.6, in Savannah, Georgia, and the Seaboard System Railroad Bridge, 
across the Savannah River, mile 27.4, near Hardeeville, South Carolina. 
This action will increase the advance notification time for an opening 
at the bridges. The action would also update the name and geographic 
location of the bridges.

DATES: This rule is effective June 21, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2021-0012 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Alexander McConnell, with Coast Guard Marine Safety 
Unit Savannah; telephone 912-652-4353, x240, email 
Alexander.W.McConnell@uscg.mil.

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)
Sec.  Section
U.S.C. United States Code
GDOT Georgia Department of Transportation
SR State Route
MHW Mean High Water

II. Background Information and Regulatory History

    On February 25, 2021, the Coast Guard published a Notice of 
Proposed Rulemaking entitled Drawbridge Operation Regulation; Savannah 
River, Savannah, GA in the Federal Register (86 FR 11478). 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 April 12, 2021, we received one comment which is 
addressed in Section IV of this Final Rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 499. The GDOT requested the Coast Guard consider changing the 
advance notification requirement for an opening from three hours to 24 
hours at the Houlihan (US 17) Bridge. The Coast Guard also considered 
changing the advance notification requirement for the Seaboard System 
Railroad Bridge, located approximately six miles upstream of the 
Houlihan (US 17) Bridge, to a 24 hour advance notice providing 
consistency between the bridges.
    The Houlihan (US 17) Bridge across the Savannah River, mile 21.6, 
in Savannah, Georgia, is a swing bridge with a vertical clearance of 
seven feet at MHW in the closed to navigation position and a horizontal 
clearance of 90 feet between the fender system. The operating schedule 
for the bridge is set forth in 33 CFR 117.371(a).
    The Seaboard System Railroad Bridge across the Savannah River, mile 
27.4, near Hardeeville, South Carolina, is a single-leaf bascule bridge 
with a vertical clearance of seven feet at MHW in the closed to 
navigation position and a horizontal clearance of 90 feet between the 
fender system. The operating schedule for the bridge is set forth in 33 
CFR 117.371(b).

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard is changing the operating schedule that governs the 
Houlihan (US 17) Bridge across the Savannah River, mile 21.6, in 
Savannah, Georgia and the Seaboard System Railroad Bridge across the 
Savannah River, mile 27.4, near Hardeeville, South Carolina. The 
bridges currently operate with a three hour advance notice but will now 
require a 24 hour advance notice for an opening. Additionally, the name 
and geographic location of the bridges will be updated.
    One comment was received. The commenter is in support of the 
changes as it will benefit the maintenance workers on the bridge and it 
does not pose a threat to the environment. Also stated by the 
commenter, ``This action does not require the completion of an EIS 
under NEPA because it is not a major federal action and it does not 
pose a significant effect on the human environment.'' Based on the 
comment received, there are no changes to the regulatory text.

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. 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).

[[Page 27520]]

    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice. Vessels 
that can transit under the bridge without an 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 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 
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 Chapter 3, Table 3-1 of 
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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.  117.371 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  117.371   Savannah River.

    (a) The draw of the Houlihan (US 17) Bridge, mile 21.6 at Port 
Wentworth, Georgia, shall open if at least a 24-hour advance notice is 
given. Openings can be arranged by contacting Georgia Department of 
Transportation Savannah Area Office at 1-912-651-2144.
    (b) The draw of the CSX Transportation Railroad Bridge, mile 27.4 
near Hardeeville, South Carolina, shall open if at least a 24-hour 
advance notice is given. Openings can be arranged by contacting CSX 
Transportation at 1-800-232-0144.
* * * * *

    Dated: May 17, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2021-10739 Filed 5-20-21; 8:45 am]
BILLING CODE 9110-04-P


