Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41887 

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 will not call for a 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 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. If you 

believe this 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 rule 

will not result in such 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 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

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 involves the 

establishment of a special local 

regulation that would prohibit entry of 

vessels on the Tennessee River from 

MM641 to MM 648.7 for four hours on 

one day. It is categorically excluded 

from further review under paragraph 

34(h) of Figure 2–1 of the Commandant 

Instruction. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.35T08–0691 to read as 

follows: 

§ 100.35T08–0691 Special Local 

Regulation; Tennessee River, Knoxville, TN. 

(a) Special local regulated area. The 

following area is a temporary special 

local regulation: All navigable waters of 

the Tennessee River between mile 

marker (MM) 641 and MM 648.7 

Knoxville, TN. 

(b) Effective date. This special local 

regulation is effective from 9 a.m. 

through 1 p.m. on September 17, 2017. 

(c) Special local regulations. In 

accordance with the general regulations 

in § 100.801 of this part, entry into this 

area is prohibited unless authorized by 

Captain of the Port Sector Ohio Valley 

(COTP) or a designated representative. 

Vessels are not permitted to transit 

through or within the area while 

swimmers are in the water from 9 a.m. 

through 1 p.m. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through Local 

Notice to Mariners and Broadcast 

Notices to Mariners of the enforcement 

period for the special local regulation, 

as well as any changes in the planned 

schedule. 

Dated: August 25, 2017. 

M.A. Wike, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Sector Ohio Valley. 

[FR Doc. 2017–18674 Filed 9–1–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0343] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, Little 

River to Savannah River, Beaufort, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the operating schedule that governs the 

Lady’s Island Bridge, across the Beaufort 

River, Mile 536.0 at Beaufort, SC. This 

modification allows Lady’s Island 

Bridge to remain closed during peak 

vehicular traffic times. The bridge 

owner, South Carolina Department of 

Transportation, requested this action to 

assist in reducing traffic caused by 

bridge openings. 

DATES: This rule is effective October 5, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2015– 

0343 In the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Ms. Jennifer Zercher at telephone 

305–415–6740, email 

jennifer.n.zercher@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

mstockstill on DSK30JT082PROD with RULES

41888 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 

NPRM Notice of proposed rulemaking 

SNPRM Supplemental notice of proposed 

rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

WWM Waterways Management 

II. Background Information and 

Regulatory History 

On May 10, 2016, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Atlantic Intracoastal 

Waterway, Little River to Savannah 

River in the Federal Register (81 FR 90). 

We received eight comments on this 

rule. 

On August 5th, 2015, a Temporary 

Deviation, entitled, ‘‘Drawbridge 

Operation Regulations: Atlantic 

Intracoastal Waterway, Little River to 

Savannah River,’’ was published in the 

Federal Register [USCG–2015–0343] [80 

FR 46492] to evaluate whether changing 

the bridge opening schedule would 

assist in reducing traffic congestion. 

This deviation was in effect through 

November 3rd, 2015. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 499. 

The Lady’s Island Bridge in Beaufort, 

South Carolina has a vertical clearance 

of 30 feet at Mean High Water in the 

closed position. The existing 

drawbridge schedule can be found in 33 

CFR 117.911(f). 

On February 17th, 2015, Coast Guard 

Sector Charleston Waterways 

Management (WWM) staff observed the 

Lady’s Island Bridge operations between 

the hours of 6 a.m. and 10 a.m. During 

the observation period, the staff 

discussed potential changes with the 

Bridge owner, South Carolina 

Department of Transportation. 

Additionally, WWM met with the 

Beaufort County South Carolina traffic 

manager to discuss bridge opening 

impacts. 

IV. Discussion of Comments, Changes 

and the Final Rule 

The Coast Guard received eight 

comments regarding this rule. One 

person supported this change. One 

person requested that something should 

be done about the decibels of the horn 

on this bridge. This comment has been 

forwarded to the Bridge Owner to 

address. Six people are against changing 

the bridge schedule as being too 

restrictive to vessel traffic. While the 

Coast Guard does agree that changing 

this bridge regulation will be more 

restrictive to the boating community, 

based on observations, this change will 

be a better balance between land and 

water traffic. 

The Coast Guard is amending 33 CFR 

117.911(f). This regulation would 

modify timeframes the bridge may 

remain closed. It would extend the 

morning closure period, when the 

bridge is authorized to remain closed, 

by an additional half hour and the 

afternoon closure period by an 

additional hour. It would also set an 

hourly opening schedule between 9 a.m. 

and 3 p.m. when the Bridge will open 

on the hour, thereby reducing openings 

from twice an hour to once an hour 

during daytime hours, Monday through 

Friday, except Federal holidays. This 

regulation would reduce vehicle 

backups without unreasonably 

restricting vessel traffic, thereby 

balancing the needs of both modes of 

transportation. No changes to the 

existing regulation will be implemented 

during the months of April, May, 

October and November because higher 

vessel traffic volumes exist during these 

time periods. At all other times, this 

bridge will open on signal. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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) 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 during scheduled 

openings. Additionally, the modified 

schedule will not apply during April, 

May, October, and November when 

transient season increases vessel traffic. 

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 no 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 final 

rule would 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, above. 

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 

mstockstill on DSK30JT082PROD with RULES

Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41889 

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 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

simply promulgates the operating 

regulations or procedures for 

drawbridges. This action is categorically 

excluded from further review, under 

figure 2–1, paragraph (32)(e), of the 

Instruction. 

A preliminary Record of 

Environmental Consideration and a 

Memorandum for the Record are not 

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 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.911, revise paragraph (f) to 

read as follows: 

§ 117.911 Atlantic Intracoastal Waterway, 

Little River to Savannah River. 

* * * * * 

(f) The Lady’s Island Bridge (Woods 

Memorial), across the Beaufort River, 

Mile 536.0 at Beaufort. The draw shall 

operate as follows: 

(1) On Monday through Friday, except 

Federal holidays: 

(i) From 6:30 a.m. to 9 a.m. and 3 p.m. 

to 6 p.m., the draw need not open to 

navigation; and, 

(ii) Between 9 a.m. to 3 p.m., the draw 

need open only on the hour. 

(2) During the months of April, May, 

October, and November from Monday 

through Friday, except Federal holidays, 

the Lady’s Island Bridge (Woods 

Memorial) shall operate as follows: 

(i) From 7 a.m. to 9 a.m. and 4 p.m. 

to 6 p.m., the draw need not open to 

navigation; and, 

(ii) Between 9 a.m. to 4 p.m., the draw 

need open only on the hour and halfhour. 

(3) At all other times the draw shall 

open on signal. 

Dated: August 22, 2017. 

Peter J. Brown, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2017–18709 Filed 9–1–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0523] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Rice 

Creek, Putnam County, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the operating schedule that governs the 

CSX Railroad Bridge across the Rice 

Creek, mile 0.8, in Palatka, Putnam 

County, FL. This rule will change the 

existing open on demand during the day 

and 24 hour advance notice for a bridge 

opening during the night, to 24 hour 

advance notice for an opening at all 

times. 

DATES: This rule is effective October 5, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0523. In the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Eddie Lawrence, Coast Guard; 

telephone 305–415–6946, email 

Eddie.H.Lawrence@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On November 11, 2016 we published 

a notice of proposed rulemaking 

(NPRM) entitled Operation Regulation; 

Rice Creek, Putnam County, FL in the 

Federal Register (81 FR 78952). We 

received 2 comments on this rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 499. 

The CSX Railroad Bridge across the 

Rice Creek, mile 0.8, in Palatka, Putnam 

County, FL is a swing bridge. It has a 

vertical clearance of 2 feet at mean high 

water in the closed position and a 

horizontal clearance of 30 feet. 

Presently, in accordance with 33 CFR 

117.324, the Rice Creek CSX Railroad 

Swing Bridge is required to open on 

signal for the passage of vessels from 8 

a.m. to 4 p.m., daily. From 4:01 p.m. to 

7:59 a.m., daily, the bridge shall open 

with a 24-hour advance notice to CSX. 

On May 18th, 2015, CSX 

Transportation, the bridge owner, 

requested the Coast Guard consider 

allowing the CSX Railroad Bridge across 

Rice Creek to be converted from a 

movable bridge to a fixed bridge. Their 

request was made due to the minimal 

drawbridge openings requested over the 

past several years. The Coast Guard 

determined that converting the bridge to 

a fixed structure was not reasonable to 

mstockstill on DSK30JT082PROD with RULES