81_FR_28883 81 FR 28793 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Little River to Savannah River

81 FR 28793 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Little River to Savannah River

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 90 (May 10, 2016)

Page Range28793-28795
FR Document2016-10920

The Coast Guard proposes to modify the operating schedule that governs the Lady's Island Bridge, across the Beaufort River, Mile 536.0 at Beaufort, SC. This modification would allow 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.

Federal Register, Volume 81 Issue 90 (Tuesday, May 10, 2016)
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28793-28795]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10920]


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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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Lady's Island Bridge, across the Beaufort River, Mile 536.0 
at Beaufort, SC. This modification would allow 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: Comments and related material must reach the Coast Guard on or 
before July 11, 2016.

ADDRESSES:  You may submit comments identified by docket number USCG-
2015-0343 using Federal eRulemaking Portal at http://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 Lieutenant John Z. Downing at telephone 843-740-
3184, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The City of Beaufort, South Carolina requested that the bridge 
owner and the U.S. Coast Guard modify the operating schedule for Lady's 
Island Bridge to reduce vehicular traffic in the City of Beaufort and 
surrounding communities. 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.
    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.
    During the deviation period the Coast Guard received six comments, 
five of which recommended retaining the operating schedule currently 
found at 33 CFR 117.911(f). One comment proposed a bridge opening 
during the morning and afternoon vehicular traffic rush hours. Based on 
the Coast Guard's observation of bridge use during peak traffic hours, 
the existing schedule would continue to create an unreasonable amount 
of vehicle traffic during morning and afternoon commutes and generally 
during daylight hours. One comment further suggested not changing the 
existing schedule during certain times of the year when increased 
vessel traffic is expected. The Coast Guard adopted this proposal 
because would meet the reasonable needs of navigation.
    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).

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.911(f). This proposed 
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 hourly openings from twice an hour to once an 
hour during daytime hours, Monday through Friday, except Federal 
holidays. This proposed 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.
    The South Carolina Department of Transportation, the bridge owner, 
has no objections to this proposed schedule.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on these statutes and E.O.s and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly,

[[Page 28794]]

the NPRM has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on vessels being able 
to plan voyages that require transiting the bridge during the scheduled 
opening periods or, when capable of doing so, vessels may transit under 
the bridge 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 (Pub. L. 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 above. 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 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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 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 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 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 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 preliminary 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 proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not 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 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, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are 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.

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:

[[Page 28795]]

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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. In Sec.  117.911, revise paragraph (f) to read as follows:
* * * * *
    (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 half-hour.
    (3) At all other times the draw shall open on signal.

    Dated: May 4, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-10920 Filed 5-9-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules                                             28793

                                                 For the reasons discussed in the                        See the ‘‘Public Participation and                  commutes and generally during daylight
                                               preamble, the Coast Guard proposes to                   Request for Comments’’ portion of the                 hours. One comment further suggested
                                               amend 33 CFR part 117 as follows:                       SUPPLEMENTARY INFORMATION section                     not changing the existing schedule
                                                                                                       below for instructions on submitting                  during certain times of the year when
                                               PART 117—DRAWBRIDGE                                     comments.                                             increased vessel traffic is expected. The
                                               OPERATION REGULATIONS                                                                                         Coast Guard adopted this proposal
                                                                                                       FOR FURTHER INFORMATION CONTACT: If
                                                                                                       you have questions on this proposed                   because would meet the reasonable
                                               ■ 1. The authority citation for part 117
                                                                                                       rule, call or email Lieutenant John Z.                needs of navigation.
                                               continues to read as follows:
                                                                                                       Downing at telephone 843–740–3184,                      The Lady’s Island Bridge in Beaufort,
                                                 Authority: 33 U.S.C. 499; 33 CFR 1.05–1;                                                                    South Carolina has a vertical clearance
                                               and Department of Homeland Security
                                                                                                       email John.Z.Downing@uscg.mil.
                                                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                             of 30 feet at Mean High Water in the
                                               Delegation No. 0170.1.
                                                                                                                                                             closed position. The existing
                                               ■ 2. Revise § 117.261(h) to read as                     I. Table of Abbreviations                             drawbridge schedule can be found in 33
                                               follows:                                                                                                      CFR 117.911(f).
                                                                                                       CFR Code of Federal Regulations
                                               § 117.261 Atlantic Intracoastal Waterway                DHS Department of Homeland Security                   III. Discussion of Proposed Rule
                                               from St. Marys River to Key Largo.                      E.O. Executive order
                                               *     *     *     *   *                                 FR Federal Register                                      The Coast Guard proposes to amend
                                                                                                       NPRM Notice of proposed rulemaking                    33 CFR 117.911(f). This proposed
                                                 (h) George Musson/Coronado Beach
                                                                                                       SNPRM Supplemental notice of proposed                 regulation would modify timeframes the
                                               (SR 44) bridge, mile 845 at New Smyrna                    rulemaking
                                               Beach. The George Musson/Coronado                                                                             bridge may remain closed. It would
                                                                                                       Pub. L. Public Law
                                               Beach (SR 44) bridge, mile 845, shall                                                                         extend the morning closure period,
                                                                                                       § Section
                                               open on signal, except that from 7 a.m.                 U.S.C. United States Code                             when the bridge is authorized to remain
                                               to 7 p.m., the draw shall open on the                                                                         closed, by an additional half hour and
                                               hour and half-hour, seven days a week.                  II. Background, Purpose and Legal                     the afternoon closure period by an
                                                                                                       Basis                                                 additional hour. It would also set an
                                               *     *     *     *   *
                                                                                                          The City of Beaufort, South Carolina               hourly opening schedule between 9 a.m.
                                                 Dated: May 4, 2016.                                   requested that the bridge owner and the               and 3 p.m. when the Bridge will open
                                               S.A. Buschman,                                          U.S. Coast Guard modify the operating                 on the hour, thereby reducing hourly
                                               Rear Admiral, U.S. Coast Guard, Commander,              schedule for Lady’s Island Bridge to                  openings from twice an hour to once an
                                               Seventh Coast Guard District.                           reduce vehicular traffic in the City of               hour during daytime hours, Monday
                                               [FR Doc. 2016–10919 Filed 5–9–16; 8:45 am]              Beaufort and surrounding communities.                 through Friday, except Federal holidays.
                                               BILLING CODE 9110–04–P                                  On February 17th, 2015, Coast Guard                   This proposed regulation would reduce
                                                                                                       Sector Charleston Waterways                           vehicle backups without unreasonably
                                                                                                       Management (WWM) staff observed the                   restricting vessel traffic, thereby
                                               DEPARTMENT OF HOMELAND                                  Lady’s Island Bridge operations between               balancing the needs of both modes of
                                               SECURITY                                                the hours of 6 a.m. and 10 a.m. During                transportation. No changes to the
                                                                                                       the observation period, the staff                     existing regulation will be implemented
                                               Coast Guard                                                                                                   during the months of April, May,
                                                                                                       discussed potential changes with the
                                                                                                       Bridge owner, South Carolina                          October and November because higher
                                               33 CFR Part 117                                                                                               vessel traffic volumes exist during these
                                                                                                       Department of Transportation.
                                               [Docket No. USCG–2015–0343]                             Additionally, WWM met with the                        time periods. At all other times, this
                                                                                                       Beaufort County South Carolina traffic                bridge will open on signal.
                                               RIN 1625–AA09
                                                                                                       manager to discuss bridge opening                        The South Carolina Department of
                                               Drawbridge Operation Regulation;                        impacts.                                              Transportation, the bridge owner, has
                                               Atlantic Intracoastal Waterway, Little                     On August 5th, 2015, a Temporary                   no objections to this proposed schedule.
                                               River to Savannah River                                 Deviation, entitled, ‘‘Drawbridge                     IV. Regulatory Analyses
                                                                                                       Operation Regulations: Atlantic
                                               AGENCY:   Coast Guard, DHS.                             Intracoastal Waterway, Little River to                   We developed this proposed rule after
                                               ACTION:   Notice of proposed rulemaking.                Savannah River,’’ was published in the                considering numerous statutes and
                                                                                                       Federal Register [USCG–2015–0343] [80                 executive orders (E.O.s) related to
                                               SUMMARY:   The Coast Guard proposes to                  FR 46492] to evaluate whether changing                rulemaking. Below we summarize our
                                               modify the operating schedule that                      the bridge opening schedule would                     analyses based on these statutes and
                                               governs the Lady’s Island Bridge, across                assist in reducing traffic congestion.                E.O.s and we discuss First Amendment
                                               the Beaufort River, Mile 536.0 at                       This deviation was in effect through                  rights of protestors.
                                               Beaufort, SC. This modification would                   November 3rd, 2015.
                                               allow Lady’s Island Bridge to remain                                                                          A. Regulatory Planning and Review
                                                                                                          During the deviation period the Coast
                                               closed during peak vehicular traffic                    Guard received six comments, five of                     E.O.s 12866 and 13563 direct agencies
                                               times. The bridge owner, South Carolina                 which recommended retaining the                       to assess the costs and benefits of
                                               Department of Transportation, requested                 operating schedule currently found at                 available regulatory alternatives and, if
                                               this action to assist in reducing traffic               33 CFR 117.911(f). One comment                        regulation is necessary, to select
                                               caused by bridge openings.                              proposed a bridge opening during the                  regulatory approaches that maximize
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                                               DATES: Comments and related material                    morning and afternoon vehicular traffic               net benefits. E.O. 13563 emphasizes the
                                               must reach the Coast Guard on or before                 rush hours. Based on the Coast Guard’s                importance of quantifying both costs
                                               July 11, 2016.                                          observation of bridge use during peak                 and benefits, of reducing costs, of
                                               ADDRESSES: You may submit comments                      traffic hours, the existing schedule                  harmonizing rules, and of promoting
                                               identified by docket number USCG–                       would continue to create an                           flexibility. This NPRM has not been
                                               2015–0343 using Federal eRulemaking                     unreasonable amount of vehicle traffic                designated a ‘‘significant regulatory
                                               Portal at http://www.regulations.gov.                   during morning and afternoon                          action,’’ under E.O. 12866. Accordingly,


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                                               28794                    Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules

                                               the NPRM has not been reviewed by the                   Federalism, if it has a substantial direct            comments or information that may lead
                                               Office of Management and Budget.                        effect on the States, on the relationship             to the discovery of a significant
                                                  This regulatory action determination                 between the national government and                   environmental impact from this
                                               is based on vessels being able to plan                  the States, or on the distribution of                 proposed rule.
                                               voyages that require transiting the                     power and responsibilities among the
                                               bridge during the scheduled opening                     various levels of government. We have                 G. Protest Activities
                                               periods or, when capable of doing so,                   analyzed this proposed rule under that                  The Coast Guard respects the First
                                               vessels may transit under the bridge at                 Order and have determined that it is                  Amendment rights of protesters.
                                               any time.                                               consistent with the fundamental                       Protesters are asked to contact the
                                                                                                       federalism principles and preemption                  person listed in the FOR FURTHER
                                               B. Impact on Small Entities
                                                                                                       requirements described in E.O. 13132.                 INFORMATION CONTACT section to
                                                  The Regulatory Flexibility Act of 1980                  Also, this proposed rule does not have             coordinate protest activities so that your
                                               (RFA), 5 U.S.C. 601–612, as amended,                    tribal implications under Executive                   message can be received without
                                               requires federal agencies to consider the               Order 13175, Consultation and                         jeopardizing the safety or security of
                                               potential impact of regulations on small                Coordination with Indian Tribal
                                                                                                                                                             people, places or vessels.
                                               entities during rulemaking. The term                    Governments, because it would not have
                                               ‘‘small entities’’ comprises small                      a substantial direct effect on one or                 V. Public Participation and Request for
                                               businesses, not-for-profit organizations                more Indian tribes, on the relationship               Comments
                                               that are independently owned and                        between the Federal Government and
                                               operated and are not dominant in their                  Indian tribes, or on the distribution of                 We view public participation as
                                               fields, and governmental jurisdictions                  power and responsibilities between the                essential to effective rulemaking, and
                                               with populations of less than 50,000.                   Federal Government and Indian tribes.                 will consider all comments and material
                                               The Coast Guard certifies under 5 U.S.C.                If you believe this proposed rule has                 received during the comment period.
                                               605(b) that this proposed rule would not                implications for federalism or Indian                 Your comment can help shape the
                                               have a significant economic impact on                   tribes, please contact the person listed              outcome of this rulemaking. If you
                                               a substantial number of small entities.                 in the FOR FURTHER INFORMATION                        submit a comment, please include the
                                                  While some owners or operators of                    CONTACT section above.                                docket number for this rulemaking,
                                               vessels intending to transit the bridge                                                                       indicate the specific section of this
                                                                                                       E. Unfunded Mandates Reform Act                       document to which each comment
                                               may be small entities, for the reasons
                                               stated in section IV.A above this                         The Unfunded Mandates Reform Act                    applies, and provide a reason for each
                                               proposed rule would not have a                          of 1995 (2 U.S.C. 1531–1538) requires                 suggestion or recommendation.
                                               significant economic impact on any                      Federal agencies to assess the effects of                We encourage you to submit
                                               vessel owner or operator.                               their discretionary regulatory actions. In            comments through the Federal
                                                  If you think that your business,                     particular, the Act addresses actions                 eRulemaking Portal at http://
                                               organization, or governmental                           that may result in the expenditure by a               www.regulations.gov. If your material
                                               jurisdiction qualifies as a small entity                State, local, or tribal government, in the            cannot be submitted using http://
                                               and that this rule would have a                         aggregate, or by the private sector of                www.regulations.gov, contact the person
                                               significant economic impact on it,                      $100,000,000 (adjusted for inflation) or              in the FOR FURTHER INFORMATION
                                               please submit a comment (see                            more in any one year. Though this                     CONTACT section of this document for
                                               ADDRESSES) explaining why you think it                  proposed rule will not result in such an              alternate instructions.
                                               qualifies and how and to what degree                    expenditure, we do discuss the effects of
                                                                                                       this proposed rule elsewhere in this                     We accept anonymous comments. All
                                               this rule would economically affect it.
                                                  Under section 213(a) of the Small                    preamble.                                             comments received will be posted
                                               Business Regulatory Enforcement                                                                               without change to http://
                                                                                                       F. Environment                                        www.regulations.gov and will include
                                               Fairness Act of 1996 (Pub. L. 104–121),
                                               we want to assist small entities in                       We have analyzed this proposed rule                 any personal information you have
                                               understanding this proposed rule. If the                under Department of Homeland                          provided. For more about privacy and
                                               rule would affect your small business,                  Security Management Directive 023–01                  the docket, you may review a Privacy
                                               organization, or governmental                           and Commandant Instruction                            Act notice regarding the Federal Docket
                                               jurisdiction and you have questions                     M16475.lD, which guides the Coast                     Management System in the March 24,
                                               concerning its provisions or options for                Guard in complying with the National                  2005, issue of the Federal Register (70
                                               compliance, please contact the person                   Environmental Policy Act of 1969                      FR 15086).
                                               listed in the FOR FURTHER INFORMATION                   (NEPA)(42 U.S.C. 4321–4370f), and                        Documents mentioned in this notice,
                                               CONTACT section above. The Coast Guard                  have made a preliminary determination                 and all public comments, are in our
                                               will not retaliate against small entities               that this action is one of a category of              online docket at http://
                                               that question or complain about this                    actions which do not individually or                  www.regulations.gov and can be viewed
                                               proposed rule or any policy or action of                cumulatively have a significant effect on             by following that Web site’s
                                               the Coast Guard.                                        the human environment. This proposed                  instructions. Additionally, if you go to
                                                                                                       rule simply promulgates the operating                 the online docket and sign up for email
                                               C. Collection of Information                            regulations or procedures for                         alerts, you will be notified when
                                                 This proposed rule would call for no                  drawbridges. Normally such actions are                comments are posted or a final rule is
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               new collection of information under the                 categorically excluded from further                   published.
                                               Paperwork Reduction Act of 1995 (44                     review, under figure 2–1, paragraph
                                               U.S.C. 3501–3520.).                                     (32)(e), of the Instruction.                          List of Subjects in 33 CFR Part 117
                                                                                                         Under figure 2–1, paragraph (32)(e), of
                                               D. Federalism and Indian Tribal                                                                                 Bridges.
                                                                                                       the Instruction, an environmental
                                               Government                                              analysis checklist and a categorical                    For the reasons discussed in the
                                                 A rule has implications for federalism                exclusion determination are not                       preamble, the Coast Guard proposes to
                                               under Executive Order 13132,                            required for this rule. We seek any                   amend 33 CFR part 117 as follows:


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                                                                        Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules                                           28795

                                               PART 117—DRAWBRIDGE                                     will place the East and West 79th Street                Additionally, other bridges on this
                                               OPERATION REGULATIONS                                   Bridges across Miami Beach Channel                    section of the Intracoastal Waterway and
                                                                                                       and Atlantic Intracoastal Waterway,                   Miami Channel open two times per
                                               ■ 1. The authority citation for part 117                Miami, FL on a twice an hour opening                  hour. The proposed scheduled openings
                                               continues to read as follows:                           schedule between 7 a.m. and 7 p.m.,                   will align the 79th Street bridge
                                                 Authority: 33 U.S.C. 499; 33 CFR 1.05–1;              Monday through Friday, except Federal                 openings with other bridges on the
                                               Department of Homeland Security Delegation              holidays. This action is intended to                  Intracoastal, namely, the Broad
                                               No. 0170.1.                                             reduce vehicular traffic caused by these              Causeway Bridge to the North (33 CFR
                                               ■ 2. In § 117.911, revise paragraph (f) to              bridges opening on demand.                            117.261(mm)) and The Venetian
                                               read as follows:                                        DATES: Comments and related material                  Causeway Bridge to the South (33 CFR
                                                                                                       must reach the Coast Guard on or before               117.261(nn)), thereby allowing vessels
                                               *      *    *     *     *                                                                                     to plan voyages during opening times
                                                 (f) The Lady’s Island Bridge (Woods                   July 11, 2016.
                                                                                                                                                             and vehicles to schedule commutes
                                               Memorial), across the Beaufort River,                   ADDRESSES: You may submit comments
                                                                                                                                                             around these openings.
                                               Mile 536.0 at Beaufort. The draw shall                  identified by docket number USCG–                       The East 79th Street Bridge across
                                               operate as follows:                                     2015–0768 using the Federal                           Miami Beach Channel, Miami, FL has a
                                                 (1) On Monday through Friday, except                  eRulemaking Portal at http://                         vertical clearance of 25 feet at MHW in
                                               Federal holidays:                                       www.regulations.gov. See the ‘‘Public                 the closed to navigation position and a
                                                 (i) From 6:30 a.m. to 9 a.m. and 3 p.m.               Participation and Request for                         horizontal clearance of 60 feet between
                                               to 6 p.m., the draw need not open to                    Comments’’ portion of the                             fenders.
                                               navigation; and,                                        SUPPLEMENTARY INFORMATION section for                   The West 79th Street Bridge across
                                                 (ii) Between 9 a.m. to 3 p.m., the draw               further instructions on submitting                    the Atlantic Intracoastal Waterway mile
                                               need open only on the hour.                             comments.                                             1084.6, Miami, FL has a vertical
                                                 (2) During the months of April, May,                                                                        clearance of 25 feet at MHW in the
                                                                                                       FOR FURTHER INFORMATION CONTACT:    If
                                               October, and November from Monday                                                                             closed to navigation position and a
                                                                                                       you have questions on this proposed
                                               through Friday, except Federal holidays,                                                                      horizontal clearance of 90 feet between
                                                                                                       rule, call or email Mr. Michael Lieberum
                                               the Lady’s Island Bridge (Woods                                                                               fenders.
                                                                                                       of the Coast Guard; telephone 305–415–
                                               Memorial) shall operate as follows:
                                                                                                       6744, email Michael.b.lieberum@                       III. Discussion of Proposed Rule
                                                 (i) From 7 a.m. to 9 a.m. and 4 p.m.
                                                                                                       uscg.mil.
                                               to 6 p.m., the draw need not open to                                                                             The Coast Guard proposes to amend
                                               navigation; and,                                        SUPPLEMENTARY INFORMATION:                            33 CFR 117.261. The Coast Guard will
                                                 (ii) Between 9 a.m. to 4 p.m., the draw                                                                     add paragraph (mm1) to this section.
                                                                                                       I. Table of Abbreviations
                                               need open only on the hour and half-                                                                          Under this proposed regulation, the
                                               hour.                                                   CFR Code of Federal Regulations                       draw of the West 79th Street Bridges, at
                                                 (3) At all other times the draw shall                 DHS Department of Homeland Security                   Miami, Florida would open twice an
                                               open on signal.                                         FR Federal Register                                   hour, once on the hour and once on the
                                                 Dated: May 4, 2016.                                   NPRM Notice of Proposed Rulemaking                    half-hour, Monday through Friday
                                                                                                       § Section Symbol                                      between the hours of 7 a.m. and 7 p.m.
                                               S.A. Buschman,                                          U.S.C. United States Code                             During nights and weekends and on
                                               Rear Admiral, U.S. Coast Guard, Commander,              FDOT Florida Department of
                                               Seventh Coast Guard District.                                                                                 Federal holidays, the Bridge would
                                                                                                         Transportation
                                                                                                                                                             open on signal.
                                               [FR Doc. 2016–10920 Filed 5–9–16; 8:45 am]              AICW Atlantic Intracoastal Waterway
                                                                                                                                                                The Coast Guard further proposes to
                                               BILLING CODE 9110–04–P
                                                                                                       II. Background, Purpose and Legal                     add section 117.304 to title 33 of the
                                                                                                       Basis                                                 CFR. This section will be entitled
                                                                                                                                                             ‘‘Miami Beach Channel’’ and would add
                                               DEPARTMENT OF HOMELAND                                     The East and West 79th Street Bridges
                                                                                                                                                             the schedule for the East 79th Street
                                               SECURITY                                                currently open on signal, pursuant to 33
                                                                                                                                                             Bridge that will be identical to the
                                                                                                       CFR 117.5, which results in frequent
                                               Coast Guard                                                                                                   proposed schedule for the West 79th
                                                                                                       openings that restrict vehicle traffic
                                                                                                                                                             Street Bridge stated above.
                                                                                                       during the day, especially during
                                               33 CFR Part 117                                         morning and afternoon rush hour traffic.              IV. Regulatory Analyses
                                               [Docket No. USCG–2015–0768]                             The Florida Department of                                We developed this proposed rule after
                                                                                                       Transportation (FDOT), the bridge                     considering numerous statutes and
                                               RIN 1625–AA09                                           owner, and the City of North Bay Village              executive orders (E.O.s) related to
                                                                                                       requested a change to the current                     rulemaking. Below we summarize our
                                               Drawbridge Operation Regulation;                        operating schedule for both bridges to
                                               Atlantic Intracoastal Waterway and                                                                            analyses based on these statutes and
                                                                                                       allow for scheduled openings twice an                 E.O.s and we discuss First Amendment
                                               Indian Creek, Miami, FL.                                hour during peak traffic times. Bridge                rights of protestors.
                                               AGENCY:   Coast Guard, DHS.                             logs indicate these bridges open up to
                                                                                                       four times an hour or more during peak                A. Regulatory Planning and Review
                                               ACTION:   Notice of proposed rulemaking.
                                                                                                       travel times, which results in frequent                 E.O.s 12866 and 13563 direct agencies
                                               SUMMARY:   The Coast Guard proposes                     vehicular traffic disruptions.                        to assess the costs and benefits of
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               modifying the operating schedule that                      This proposed regulation would                     available regulatory alternatives and, if
                                               governs the West 79th Street Bridge                     reduce vehicle traffic backups without                regulation is necessary, to select
                                               across the Atlantic Intracoastal                        unreasonably restricting vessel traffic by            regulatory approaches that maximize
                                               Waterway mile 1084.6, Miami, FL and                     scheduling two openings per hour                      net benefits. E.O. 13563 emphasizes the
                                               the operating schedule that governs the                 during peak traffic times, thereby                    importance of quantifying both costs
                                               East 79th Street Bridge across Miami                    balancing the needs of both modes of                  and benefits, of reducing costs, of
                                               Beach Channel, Miami, FL. This action                   transportation.                                       harmonizing rules, and of promoting


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Document Created: 2016-05-10 05:19:12
Document Modified: 2016-05-10 05:19:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before July 11, 2016.
ContactIf you have questions on this proposed rule, call or email Lieutenant John Z. Downing at telephone 843-740- 3184, email [email protected]
FR Citation81 FR 28793 
RIN Number1625-AA09

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