[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 [www.gpo.gov]
[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 https://www.regulations.gov.
    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 https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, 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 https://www.regulations.gov, 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 https://www.regulations.gov 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 https://www.regulations.gov 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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