[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Proposed Rules]
[Pages 11478-11480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03683]


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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, 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 Houlihan Bridge (US 17), across the Savannah River, mile 
21.6, at Savannah, Georgia and the Seaboard System Railroad Bridge, 
across the Savannah River, mile 27.4, near Hardeeville, South Carolina. 
This proposed rule would increase the advance notification time for an 
opening at the bridges. The proposed rule would also update the name 
and geographic location of the bridges.

DATES: Comments and relate material must reach the Coast Guard on or 
before April 12, 2021.

ADDRESSES:  You may submit comments identified by docket number USCG-
2021-0012 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LT Alexander McConnell, with Coast Guard Marine 
Safety Unit Savannah; telephone 912-652-4353, x240, email 
<a href="/cdn-cgi/l/email-protection#abeac7ced3cac5cfced985fc85e6c8e8c4c5c5cec7c7ebded8c8cc85c6c2c7"><span class="__cf_email__" data-cfemail="bffed3dac7ded1dbdacd91e891f2dcfcd0d1d1dad3d3ffcaccdcd891d2d6d3">[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
GDOT Georgia Department of Transportation
SR State Route
MHW Mean High Water

II. Background, Purpose and Legal Basis

    Georgia Department of Transportation (GDOT) requested the Coast 
Guard consider changing the advance

[[Page 11479]]

notification requirement for an opening from three hours to 24 hours at 
the Houlihan Bridge. The proposed change is due to a decrease in 
requested openings and would allow bridge maintenance crews to be on-
site for openings to address any unforeseen issues. The Seaboard System 
Railroad Bridge, located approximately six miles upstream, will be 
changed to a 24 hour advance notice for an opening as it currently 
operates the same as the Houlihan Bridge. The Seaboard System Railroad 
Bridge owner, CSX Transportation, is in support of the proposed change. 
Additionally, the name and geographic location of the bridges will be 
updated.
    The Houlihan Bridge (US 17) Bridge across the Savannah River, mile 
21.6, at 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).

III. Discussion of Proposed Rule

    The proposed change would allow the bridges to open with a 24 hour 
advance notice to the bridge owner as designated in the regulation. The 
proposed change will improve the response time maintenance crews if 
unforeseen issues occur while operating the Houlihan Bridge and allow 
the Seaboard System Railroad Bridge to operate the same schedule due to 
the proximity of the bridges.
    This proposed change would still allow vessels that can transit 
under the bridges, without an opening, to do so at any time while 
taking into account the reasonable needs of other modes of 
transportation.

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 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 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 (Public Law 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 
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

[[Page 11480]]

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 rule. 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 https://www.regulations.gov. If your material cannot be 
submitted using https://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 https://www.regulations.gov and 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).
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at https://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. Amend Sec.  117.371 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  117.371  Savannah River.

    (a) The draw of the James P. Houlihan (SR 25) 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: February 1, 2021.
Eric C. Jones,
Rear Admiral, U. S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2021-03683 Filed 2-24-21; 8:45 am]
BILLING CODE 9110-04-P


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