Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47113 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Tower 

Drawbridge across the Sacramento 

River, mile 59.0, at Sacramento, CA. The 

deviation is necessary to allow the 

community to participate in the Walk 

Against Breast Cancer event. This 

deviation allows the bridge to remain in 

the closed-to-navigation position during 

the deviation period. 

DATES: This deviation is effective from 

8 a.m. through 11 a.m. on October 22, 

2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0963, is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Carl T. Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–437– 

3516; email Carl.T.Hausner@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

California Department of Transportation 

has requested a temporary change to the 

operation of the Tower Drawbridge over 

the Sacramento River, mile 59.0, at 

Sacramento, CA. The drawbridge 

navigation span provides a vertical 

clearance of 30 feet above Mean High 

Water in the closed-to-navigation 

position. The draw operates as required 

by 33 CFR 117.189(a). Navigation on the 

waterway is commercial and 

recreational. 

The drawspan will be secured in the 

closed-to-navigation position from 8 

a.m. through 11 a.m. on October 22, 

2017, to allow the community to 

participate in the Walk Against Breast 

Cancer event. This temporary deviation 

has been coordinated with the waterway 

users. No objections to the proposed 

temporary deviation were raised. 

Vessels able to pass through the bridge 

in the closed position may do so at any 

time. In the event of an emergency the 

draw can open on signal if at least one 

hour notice is given to the bridge 

operator. There are no immediate 

alternate routes for vessels to pass. The 

Coast Guard will also inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 5, 2017. 

Carl T. Hausner, 

District Bridge Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2017–21924 Filed 10–10–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0801] 

RIN 1625–AA00 

Safety Zone; Atlantic Intracoastal 

Waterway, Socastee, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule; request 

for comments. 

SUMMARY: The Coast Guard is 

establishing an intermittent safety zone 

related to ongoing construction of South 

Carolina Highway 31 (SC–31) Bridge 

located in Socastee, SC on the Atlantic 

Intracoastal Waterway at mile marker 

372.3. The temporary safety zone will be 

set one day per week during overhead 

construction operations. The safety zone 

is needed to ensure the safety of 

persons, vessels, and the marine 

environment from potential hazards 

created by the bridge construction. 

Details for specific dates and times will 

be relayed via Sector Charleston Marine 

Safety Information Bulletin and Seventh 

District Local Notice Mariners. Entry of 

vessels or persons into these zones is 

prohibited unless specifically 

authorized by the Captain of the Port 

Charleston or a designated 

representative. We invite your 

comments on this rulemaking. 

DATES: This rule is effective from 

October 11, 2017 until March 19, 2018. 

Comments and related materials must 

be received by the Coast Guard on or 

before November 13, 2017. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0801 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0801 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Justin Heck, Sector 

Charleston Office of Waterways 

Management, Coast Guard; telephone 

(843) 740–3184, email Justin.C.Heck@

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 

§ Section 

U.S.C. United States Code 

OMB Office of Management and Budget 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) 

(5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is needed to respond 

to the potential safety hazards 

associated with bridge construction 

operations that are scheduled to begin 

on October 16, 2017. The Coast Guard 

was initially notified of the need for a 

safety zone on August 8, 2017. 

Hurricane Irma impacted the timeline 

for commencement of the project and 

the Coast Guard received updated plans 

for the construction operations on 

September 18, 2017. Therefore, 

publishing an NPRM is impracticable 

and contrary to public interest. 

Under 5 U.S.C. 553(d)(3), and for the 

same reasons stated above, the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. 

III. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 


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47114 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 

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 http://

www.regulations.gov. If your material 

cannot be submitted using http://

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 http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM as 

being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’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. 

IV. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Charleston has 

determined that potential hazards 

associated with the bridge construction 

starting October 16, 2017 will be a safety 

concern for anyone within a 200-yard 

radius of the bridge, vessels, and 

machinery. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

construction is in progress. 

V. Discussion of the Rule 

This rule establishes an intermittent 

safety zone related to construction of the 

South Carolina Highway 31 (SC–31) 

Bridge located in Socastee, SC on the 

Atlantic Intracoastal Waterway at mile 

marker 372.3. The temporary safety 

zone will be set during overhead 

construction operations starting October 

16, 2017 and ending March 19, 2018. 

The safety zone is scheduled to take 

place one day per week between 7 a.m. 

and 4 p.m. The safety zone is needed to 

ensure the safety of persons, vessels, 

and the marine environment from 

potential hazards created by the bridge 

construction. The safety zone will cover 

all navigable waters within 200 yards of 

the bridge, vessels, and machinery. No 

vessel or person will be permitted to 

enter, transit through, anchor in, or 

remain within the safety zone without 

first obtaining permission from the 

Captain of the Port Charleston or a 

designated representative. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the Captain of the 

Port Charleston or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Charleston or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Local Notice to Mariners, 

Broadcast Notice to Mariners, and onscene designated representatives. 

VI. 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 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 rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule 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 following reasons: (1) 

Although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the Captain of the 

Port Charleston or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; and (2) the Coast 

Guard will provide advance notification 

of the safety zone to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 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 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 safety 

zone may be small entities, for the 

reasons stated in section VI.A above, 

this rule will 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 section. 

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 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 


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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47115 

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 

above. 

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 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 an 

intermittent safety zone that will 

prohibit persons and vessels from 

entering, transiting through, anchoring 

in, or remaining within a limited area 

surrounding the SC–31 Bridge on the 

Atlantic Intracoastal Water Way. This 

rule is categorically excluded from 

further review under paragraph 34(g) 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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and 

Department of Homeland Security Delegation 

No. 0170. 

■ 2. Add § 165.T07–0801 to read as 

follows: 

§ 165.T07–0801 Safety Zone; Atlantic 

Intracoastal Waterway, Socastee, SC 

(a) Location. All waters of the Atlantic 

Intracoastal Waterway encompassed 

within a 200-yard radius of South 

Carolina Highway 31 (SC–31) Bridge 

located in Socastee, SC on the Atlantic 

Intracoastal Waterway at mile marker 

372.3, and vessels or machinery 

associated with the construction. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement period. This rule will 

be enforced one day per week from 

October 16, 2017 through March 19, 

2018, during construction activities. 

Details for specific dates and times will 

be relayed via Sector Charleston Marine 

Safety Information Bulletin and Seventh 

District Local Notice to Mariners. 

Dated: October 3, 2017. 

John W. Reed, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2017–21868 Filed 10–10–17; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 266 

Privacy of Information 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

and restating its privacy regulations to 

implement numerous non-substantive 

editorial changes. These include 

renaming certain offices with privacyrelated duties, modification of the roles 

of employees tasked with implementing 

aspects of the privacy regulations, and 

minor editorial changes to postal 

privacy policy to improve its 

consistency and clarity. These rules 

contain procedures by which 

individuals may request notification of 

and access to records about themselves, 

request amendments to those records, or 

request an accounting of disclosures of 

those records by the Postal Service. 

DATES: Effective October 11, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Natalie A. Bonanno, Chief Counsel, 

Federal Compliance, 

natalie.a.bonanno@usps.gov, 202–268– 

2944. 

SUPPLEMENTARY INFORMATION: As revised 

and restated, 39 CFR part 266 is 

designed to carry forward the 

substantive content of former §§ 266.1– 

266.10 in an updated, accessible format. 

266.1 Purpose and Scope 

The Postal Service has revised § 266.1 

to align with the purpose and scope of 

the Privacy Act of 1974, which provides 

the authority for these regulations. (The 

Postal Service has deleted former 

§ 266.2 Policy because it did not add any 

significant provisions, instructions, or 

guidance to these regulations, and has 

redesignated former §§ 266.3–266.10 as 

§§ 266.2–266.9, respectively.) 


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