Proposed Rule2025-17302
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, North Myrtle Beach, SC
Primary source
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Published
September 9, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to change the operating schedule that governs the Little River Bridge, across the Atlantic Intracoastal Waterway (Upper Little River), mile 347.3, at North Myrtle Beach, SC. South Carolina Department of Transportation (SCDOT) requested the Coast Guard consider placing the swing bridge on weekday scheduled openings at designated times to assist with vehicle congestion. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 172 (Tuesday, September 9, 2025)</title>
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[Federal Register Volume 90, Number 172 (Tuesday, September 9, 2025)]
[Proposed Rules]
[Pages 43402-43404]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17302]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0152]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
North Myrtle Beach, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Little River Bridge, across the Atlantic Intracoastal
Waterway (Upper Little River), mile 347.3, at North Myrtle Beach, SC.
South Carolina Department of Transportation (SCDOT) requested the Coast
Guard consider placing the swing bridge on weekday scheduled openings
at designated times to assist with vehicle congestion. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before October 9, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0152 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#b3f9d6dddddad5d6c19dfd9de9d6c1d0dbd6c1f3c6c0d0d49ddedadf"><span class="__cf_email__" data-cfemail="2b614e4545424d4e59056505714e5948434e596b5e58484c05464247">[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
Sec. Section
U.S.C. United States Code
SC South Carolina
AICW Atlantic Intracoastal Waterway
II. Background, Purpose and Legal Basis
Little River Bridge across the AICW (Upper Little River), mile
347.3, at North Myrtle Beach, SC, is a swing bridge with a 7-foot
vertical clearance at mean high water in the closed position. The
normal operating schedule for the bridge is set forth in 33 CFR 117.5.
On May 13, 2025, the Coast Guard published a temporary deviation
entitled ``Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway, North Myrtle Beach, SC'' in the Federal Register (90 FR
20235). The temporary deviation, effective from 12:01 a.m. on May 5,
2025, through 11:59 p.m. on October 31, 2025, allows Little River
Bridge to operate with restricted, scheduled openings at peak traffic
times during weekdays and operate on demand at all other times. The
temporary deviation was authorized to test the impact of restricted
openings on vessels and roadway traffic. The comment period ended June
27, 2025, with zero comments received.
We are reopening the comment period on the same docket number and
docket name where we posted the temporary deviation. Both the NPRM and
the
[[Page 43403]]
temporary deviation documents can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
III. Discussion of Proposed Rule
The current operating schedule allows the Little River Bridge to
open on demand for marine traffic. Under this proposed rule, the swing
bridge will open twice an hour, at the top and bottom of the hour,
Monday through Friday during pre-designated times. The on demand
openings are causing excessive vehicle congestion during designated
rush hour periods. The Coast Guard is proposing to limit swing bridge
openings during high vehicle traffic times to assist with vehicle
congestion while requesting state and local agencies consider alternate
mitigation measures to improve traffic flow and roadway congestion. The
swing bridge will open on demand at all other times. Vessels that can
pass beneath the bridge without an opening may do so at any time.
Public vessels of the United States, tugs with tows and vessels in
distress may pass anytime.
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. Accordingly, the NPRM has not been reviewed by the Office
of Management and Budget (OMB).
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.
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 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 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 Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this 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 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-2025-0152 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
[[Page 43404]]
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
through the ``Subscribe'' option, you will be notified when comments/
updates are posted, or a final rule is published.
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 (b) to read as follows:
Sec. 117.911 Atlantic Intracoastal Waterway, Little River to
Savannah River.
* * * * *
(b) Little River Bridge across Upper Litte River, mile 347.3, at
North Myrtle Beach. The draw shall open on signal, except that from 7
a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday, except
Federal holidays, the draw will open on the hour and half hour.
* * * * *
Dated: August 26, 2025.
Adam A. Chamie,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Southeast
District.
[FR Doc. 2025-17302 Filed 9-8-25; 8:45 am]
BILLING CODE 9110-04-P
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