Proposed Rule2024-24847
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Beaufort, SC
Primary source
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Published
October 25, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operating schedule that governs the Lady's Island (Woods Memorial) Bridge across the Atlantic Intracoastal Waterway (AICW) (Beaufort River), mile 536.0, at Beaufort, SC. South Carolina Department of Transportation (SCDOT) has requested the Coast Guard consider changing the operating schedule to remove the seasonal operating schedule. This proposed action is intended to reduce vehicular traffic congestion and provide a more consistent operating schedule for the bridge. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 207 (Friday, October 25, 2024)</title>
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[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Proposed Rules]
[Pages 85117-85119]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24847]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-0198]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Beaufort, SC
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Lady's Island (Woods Memorial) Bridge across the Atlantic
Intracoastal Waterway (AICW) (Beaufort River), mile 536.0, at Beaufort,
SC. South Carolina Department of Transportation (SCDOT) has requested
the Coast Guard consider changing the operating schedule to remove the
seasonal operating schedule. This proposed action is intended to reduce
vehicular traffic congestion and provide a more consistent operating
schedule for the bridge. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before December 9, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0198 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist,
Seventh Coast Guard District; telephone 571-607-5951, email
<a href="/cdn-cgi/l/email-protection#f3b9969d9d9a959681ddbddda99681909b9681b386809094dd9e9a9f"><span class="__cf_email__" data-cfemail="f8b29d9696919e9d8ad6b6d6a29d8a9b909d8ab88d8b9b9fd6959194">[email protected]</span></a>.
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
SC South Carolina
TD Temporary Deviation
AICW Atlantic Intracoastal Waterway
II. Background, Purpose and Legal Basis
Lady's Island (Woods Memorial) Bridge across the AICW (Beaufort
River), mile 536.0, at Beaufort, SC, is a swing bridge with a 30-foot
vertical clearance at mean high water in the closed position. The
normal operating schedule for the bridge is found in 33 CFR 117.911(f).
On March 20, 2024, the Coast Guard published a temporary deviation
entitled ``Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway, Beaufort, SC'' in the Federal Register (89 FR 19731). That
temporary deviation, effective from 12:01 a.m. on
[[Page 85118]]
March 25, 2024, through 11:59 p.m. on September 29, 2024, allows Lady's
Island (Woods Memorial) Bridge to operate without a seasonal opening
schedule. The comment period ended May 20, 2024, with 15 comments
received.
The 15 comments received were against the proposed changes. The
concerns presented were the need for the seasonal schedule to remain
due to the increase in vessel traffic and the environmental conditions
mariners experience while transiting in the vicinity of the bridge. The
Coast Guard understands the increase in seasonal vessel traffic and
also acknowledges an increase in seasonal vehicle traffic. The area is
known for moderate currents, however, there is staging areas on either
side of the bridge for vessels to maintain station. The requested
changes 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
Under this proposed rule, the Lady's Island (Woods Memorial) Bridge
will operate without a seasonal schedule. The Coast Guard is proposing
to remove the seasonal operating schedule during the months of April,
May, October, and November. This would reduce vehicular traffic
congestion and provide a more consistent operating schedule for the
bridge. Vessels that can pass beneath the bridge without an opening may
do so at any time. Emergency vessels and tugs with tows can still
request an opening 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.
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 proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, the NPRM has not been reviewed by the
Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge during the designated times and
vessels able to pass 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 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 proposed 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 rulemaking 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 proposed 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. 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 Governments
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.
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, 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 proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are 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
[[Page 85119]]
proposed rule. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0198 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, 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 of any posting or updates to the docket.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
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 DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. Amend Sec. 117.911 by revising paragraph (f) to read as follows:
Sec. 117.911 Atlantic Intracoastal Waterway, Little River to Savannah
River.
* * * * *
(f) Lady's Island (Woods Memorial) Bridge, across the Beaufort
River, mile 536.0, at Beaufort. The draw shall operate as follows:
(1) Monday through Friday, except Federal holidays:
(i) From 6 a.m. to 9:29 a.m. and 3:31 p.m. to 7 p.m., the draw need
not open to navigation; and,
(ii) Between 9:30 a.m. and 3:30 p.m., the draw need open only once
an hour on the half hour.
(2) At all other times the draw shall open on signal.
Dated: October 21, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2024-24847 Filed 10-24-24; 8:45 am]
BILLING CODE 9110-04-P
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