82_FR_18956 82 FR 18879 - Drawbridge Operation Regulation; Ashley River, Charleston, SC

82 FR 18879 - Drawbridge Operation Regulation; Ashley River, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range18879-18881
FR Document2017-08142

The Coast Guard proposes to modify the operating schedule that governs the Ashley River Bridges across the Ashley River, miles 2.4 and 2.5 at Charleston, SC. This proposed rule would require a bridge tender to be present during the daytime hours only from 9 a.m. to 4 p.m. daily for on signal openings. All other times would require 12 hours advance notification. This modification would provide some relief to vehicle traffic congestion and would have little to no effect on navigation.

Federal Register, Volume 82 Issue 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Proposed Rules]
[Pages 18879-18881]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08142]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0776]
RIN 1625-AA09


Drawbridge Operation Regulation; Ashley River, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Ashley River Bridges across the Ashley River, miles 2.4 and 
2.5 at Charleston, SC. This proposed rule would require a bridge tender 
to be present during the daytime hours only from 9 a.m. to 4 p.m. daily 
for on signal openings. All other times would require 12 hours advance 
notification. This modification would provide some relief to vehicle 
traffic congestion and would have little to no effect on navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before June 23, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0776 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 LT John Downing with the Coast Guard; telephone 
843-740-3184, email [email protected].

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
SCDOT South Carolina Department of Transportation
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On May 19, 2015, the HDR/ICA contractor for South Carolina 
Department of Transportation requested that the Coast Guard review the 
current bridge operating schedule to determine whether a change could 
be made to improve vehicle traffic flow in the area.

[[Page 18880]]

The bridge owner, South Carolina Department of Transportation (SCDOT) 
was also consulted on this issue and concurred with the recommendation 
to change the current 12 hours advance notice for a bridge opening to 
be extended to include nighttime hours.
    The US 17, Ashley River Bridges, miles 2.4 and 2.5, at Charleston, 
SC are double leaf bascule bridges. Each bridge has a vertical 
clearance of 24 feet in the closed position at mean high water and a 
horizontal clearance of 90 feet.
    Presently, in accordance with 33 CFR 117.915(a), the Ashley River 
bridges (US17) also known as the US17 Highway Bridge at miles 2.4 and 
2.5 at Charleston, SC shall open on signal, except that from 7 a.m. 
until 9 a.m. Monday through Friday and 4 p.m. to 7 p.m. daily, the 
draws need be opened only if at least 12 hours notice is given. The 
draws of either bridge shall open as soon as possible for the passage 
of vessels in an emergency involving danger to life or property.

III. Discussion of Proposed Rule

    The Coast Guard proposes to change the operation of the Ashley 
River (US17) Bridges, Atlantic Intracoastal Waterway, miles 2.4 and 
2.5, at Charleston, SC. The proposed regulation would require a bridge 
tender to be present during the daytime hours only from 9 a.m. to 4 
p.m. daily to open the bridge on signal. All other times would require 
at least 12 hours notice. This regulation change should not have a 
significant impact on navigation in this area.
    These proposed changes will still allow vessels to pass through the 
bridge while taking into account the reasonable needs of other modes of 
transportation. Vessels not requiring an opening may pass at any time.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive orders and we also 
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 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 Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the limited impact 
that it is anticipated to have on vessel traffic on the Atlantic 
Intracoastal Waterway, while taking in to consideration the needs of 
vehicular traffic. Vessels that can transit under the bridge without an 
opening may do so. Emergency vessels and tugs with tows can still 
request openings 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, 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 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 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 Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section 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 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 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further

[[Page 18881]]

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 proposed rule 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:

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. Amend Sec.  117.915 by revising paragraph (a) to read as follows:


Sec.  117.915  Ashley River.

    (a) The draws of the US17 highway bridges, mile 2.4 and 2.5 at 
Charleston, SC shall open on signal; except that, from 4 p.m. to 9 a.m. 
daily, the draws shall open only if at least 12 hours notice is given. 
The draws of either bridge shall open as soon as possible for the 
passage of vessels in an emergency involving danger to life or 
property.
* * * * *

    Dated: April 7, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-08142 Filed 4-21-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                             Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Proposed Rules                                            18879

                                                    this proposed rule elsewhere in this                    without change to http://                              DEPARTMENT OF HOMELAND
                                                    preamble.                                               www.regulations.gov and will include                   SECURITY
                                                    F. Environment                                          any personal information you have
                                                                                                            provided. For more about privacy and                   Coast Guard
                                                      We have analyzed this proposed rule                   the docket, you may review a Privacy
                                                    under Department of Homeland                            Act notice regarding the Federal Docket                33 CFR Part 117
                                                    Security Management Directive 023–01                    Management System in the March 24,                     [Docket No. USCG–2016–0776]
                                                    and Commandant Instruction
                                                                                                            2005, issue of the Federal Register (70
                                                    M16475.lD, which guides the Coast                                                                              RIN 1625–AA09
                                                                                                            FR 15086).
                                                    Guard in complying with the National
                                                    Environmental Policy Act of 1969                          Documents mentioned in this                          Drawbridge Operation Regulation;
                                                    (NEPA) (42 U.S.C. 4321–4370f), and                      proposed rule, and all public comments,                Ashley River, Charleston, SC
                                                    have made a preliminary determination                   are in our online docket at http://                    AGENCY:   Coast Guard, DHS.
                                                    that this action is one of a category of                www.regulations.gov and can be viewed
                                                                                                                                                                   ACTION:   Notice of proposed rulemaking.
                                                    actions which do not individually or                    by following that Web site’s
                                                    cumulatively have a significant effect on               instructions. Additionally, if you go to               SUMMARY:   The Coast Guard proposes to
                                                    the human environment. This proposed                    the online docket and sign up for email                modify the operating schedule that
                                                    rule simply promulgates the operating                   alerts, you will be notified when                      governs the Ashley River Bridges across
                                                    regulations or procedures for                           comments are posted or a final rule is                 the Ashley River, miles 2.4 and 2.5 at
                                                    drawbridges. Normally such actions are                  published.                                             Charleston, SC. This proposed rule
                                                    categorically excluded from further                                                                            would require a bridge tender to be
                                                    review, under figure 2–1, paragraph                     List of Subjects in 33 CFR Part 117
                                                                                                                                                                   present during the daytime hours only
                                                    (32)(e), of the Instruction.                                                                                   from 9 a.m. to 4 p.m. daily for on signal
                                                      Under figure 2–1, paragraph (32)(e), of                 Bridges.
                                                                                                                                                                   openings. All other times would require
                                                    the Instruction, an environmental                         For the reasons discussed in the                     12 hours advance notification. This
                                                    analysis checklist and a categorical                    preamble, the Coast Guard proposes to                  modification would provide some relief
                                                    exclusion determination are not                         amend 33 CFR part 117 as follows:                      to vehicle traffic congestion and would
                                                    required for this rule. We seek any                                                                            have little to no effect on navigation.
                                                    comments or information that may lead                   PART 117—DRAWBRIDGE
                                                                                                                                                                   DATES: Comments and related material
                                                    to the discovery of a significant                       OPERATION REGULATIONS
                                                                                                                                                                   must reach the Coast Guard on or before
                                                    environmental impact from this
                                                                                                                                                                   June 23, 2017.
                                                    proposed rule.                                          ■ 1. The authority citation for part 117
                                                                                                            continues to read as follows:                          ADDRESSES: You may submit comments
                                                    G. Protest Activities                                                                                          identified by docket number USCG–
                                                      The Coast Guard respects the First                      Authority: 33 U.S.C. 499; 33 CFR 1.05–1;             2016–0776 using Federal eRulemaking
                                                    Amendment rights of protesters.                         Department of Homeland Security Delegation             Portal at http://www.regulations.gov.
                                                                                                            No. 0170.1.                                              See the ‘‘Public Participation and
                                                    Protesters are asked to contact the
                                                    person listed in the FOR FURTHER                        ■ 2. Amend § 117.263 by revising                       Request for Comments’’ portion of the
                                                    INFORMATION CONTACT section to                                                                                 SUPPLEMENTARY INFORMATION section
                                                                                                            paragraph (a) to read as follows:
                                                    coordinate protest activities so that your                                                                     below for instructions on submitting
                                                    message can be received without                         § 117.263    Banana River                              comments.
                                                    jeopardizing the safety or security of                                                                         FOR FURTHER INFORMATION CONTACT:    If
                                                                                                              (a) The draw of the Mathers Bridge,
                                                    people, places or vessels.                                                                                     you have questions on this proposed
                                                                                                            mile 0.5, at Indian Harbour Beach, will
                                                    V. Public Participation and Request for                 operate in accordance with the                         rule, call or email LT John Downing
                                                    Comments                                                following schedule:                                    with the Coast Guard; telephone 843–
                                                                                                                                                                   740–3184, email john.z.downing@
                                                       We view public participation as                        (1) Sundays through Thursdays,                       uscg.mil.
                                                    essential to effective rulemaking, and                  between 6 a.m. and 10 p.m., the draw
                                                    will consider all comments and material                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                            will open on signal, on the hour and on
                                                    received during the comment period.                     the half hour.                                         I. Table of Abbreviations
                                                    Your comment can help shape the
                                                    outcome of this rulemaking. If you                        (2) Fridays, Saturdays, and Federal                  CFR Code of Federal Regulations
                                                    submit a comment, please include the                    holidays, 24 hours a day, the draw will                DHS Department of Homeland Security
                                                                                                            open on signal, on the hour and on the                 FR Federal Register
                                                    docket number for this rulemaking,
                                                                                                            half hour.                                             NPRM Notice of proposed rulemaking
                                                    indicate the specific section of this                                                                          Pub. L. Public Law
                                                    document to which each comment                            (3) At all other times, the bridge shall             SCDOT South Carolina Department of
                                                    applies, and provide a reason for each                  open on signal if at least two hours                     Transportation
                                                    suggestion or recommendation.                           notice is given.                                       § Section
                                                       We encourage you to submit                                                                                  U.S.C. United States Code
                                                                                                            *     *     *     *     *
                                                    comments through the Federal
                                                                                                              Dated: April 7, 2017.                                II. Background, Purpose and Legal
                                                    eRulemaking Portal at http://
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                                                                                   Basis
                                                    www.regulations.gov. If your material                   S.A. Buschman,
                                                    cannot be submitted using http://                       Rear Admiral, U.S. Coast Guard, Commander,               On May 19, 2015, the HDR/ICA
                                                    www.regulations.gov, contact the person                 Seventh Coast Guard.                                   contractor for South Carolina
                                                    in the FOR FURTHER INFORMATION                          [FR Doc. 2017–08141 Filed 4–21–17; 8:45 am]            Department of Transportation requested
                                                    CONTACT section of this document for                                                                           that the Coast Guard review the current
                                                                                                            BILLING CODE 9110–04–P
                                                    alternate instructions.                                                                                        bridge operating schedule to determine
                                                       We accept anonymous comments. All                                                                           whether a change could be made to
                                                    comments received will be posted                                                                               improve vehicle traffic flow in the area.


                                               VerDate Sep<11>2014   13:03 Apr 21, 2017   Jkt 241001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\24APP1.SGM   24APP1


                                                    18880                    Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Proposed Rules

                                                    The bridge owner, South Carolina                        action,’’ under Executive Order 12866.                 D. Federalism and Indian Tribal
                                                    Department of Transportation (SCDOT)                    Accordingly, the NPRM has not been                     Government
                                                    was also consulted on this issue and                    reviewed by the Office of Management
                                                    concurred with the recommendation to                    and Budget.                                               A rule has implications for federalism
                                                    change the current 12 hours advance                        This regulatory action determination                under Executive Order 13132,
                                                    notice for a bridge opening to be                       is based on the limited impact that it is              Federalism, if it has a substantial direct
                                                    extended to include nighttime hours.                    anticipated to have on vessel traffic on               effect on the States, on the relationship
                                                      The US 17, Ashley River Bridges,                      the Atlantic Intracoastal Waterway,                    between the national government and
                                                    miles 2.4 and 2.5, at Charleston, SC are                while taking in to consideration the                   the States, or on the distribution of
                                                    double leaf bascule bridges. Each bridge                needs of vehicular traffic. Vessels that               power and responsibilities among the
                                                    has a vertical clearance of 24 feet in the              can transit under the bridge without an                various levels of government. We have
                                                    closed position at mean high water and                  opening may do so. Emergency vessels                   analyzed this proposed rule under that
                                                    a horizontal clearance of 90 feet.                      and tugs with tows can still request                   order and have determined that it is
                                                      Presently, in accordance with 33 CFR                  openings at any time.                                  consistent with the fundamental
                                                    117.915(a), the Ashley River bridges                                                                           federalism principles and preemption
                                                                                                            B. Impact on Small Entities                            requirements described in Executive
                                                    (US17) also known as the US17
                                                    Highway Bridge at miles 2.4 and 2.5 at                     The Regulatory Flexibility Act of 1980              Order 13132.
                                                    Charleston, SC shall open on signal,                    (RFA), 5 U.S.C. 601–612, as amended,                      Also, this proposed rule does not have
                                                    except that from 7 a.m. until 9 a.m.                    requires federal agencies to consider the              tribal implications under Executive
                                                    Monday through Friday and 4 p.m. to 7                   potential impact of regulations on small               Order 13175, Consultation and
                                                    p.m. daily, the draws need be opened                    entities during rulemaking. The term                   Coordination with Indian Tribal
                                                    only if at least 12 hours notice is given.              ‘‘small entities’’ comprises small                     Governments, because it would not have
                                                    The draws of either bridge shall open as                businesses, not-for-profit organizations               a substantial direct effect on one or
                                                    soon as possible for the passage of                     that are independently owned and                       more Indian tribes, on the relationship
                                                    vessels in an emergency involving                       operated and are not dominant in their                 between the Federal Government and
                                                    danger to life or property.                             fields, and governmental jurisdictions                 Indian tribes, or on the distribution of
                                                                                                            with populations of less than 50,000.                  power and responsibilities between the
                                                    III. Discussion of Proposed Rule                        The Coast Guard certifies, under 5                     Federal Government and Indian tribes.
                                                       The Coast Guard proposes to change                   U.S.C. 605(b), that this proposed rule                 If you believe this proposed rule has
                                                    the operation of the Ashley River (US17)                would not have a significant economic                  implications for federalism or Indian
                                                    Bridges, Atlantic Intracoastal Waterway,                impact on a substantial number of small                tribes, please contact the person listed
                                                    miles 2.4 and 2.5, at Charleston, SC. The               entities. While some owners or                         in the FOR FURTHER INFORMATION
                                                    proposed regulation would require a                     operators of vessels intending to transit              CONTACT section above.
                                                    bridge tender to be present during the                  the bridge may be small entities, for the
                                                    daytime hours only from 9 a.m. to 4                     reasons stated in section IV.A above this              E. Unfunded Mandates Reform Act
                                                    p.m. daily to open the bridge on signal.                proposed rule would not have a
                                                                                                                                                                     The Unfunded Mandates Reform Act
                                                    All other times would require at least 12               significant economic impact on any
                                                                                                                                                                   of 1995 (2 U.S.C. 1531–1538) requires
                                                    hours notice. This regulation change                    vessel owner or operator.
                                                                                                               If you think that your business,                    Federal agencies to assess the effects of
                                                    should not have a significant impact on                                                                        their discretionary regulatory actions. In
                                                    navigation in this area.                                organization, or governmental
                                                                                                            jurisdiction qualifies as a small entity               particular, the Act addresses actions
                                                       These proposed changes will still
                                                                                                            and that this rule would have a                        that may result in the expenditure by a
                                                    allow vessels to pass through the bridge
                                                                                                            significant economic impact on it,                     State, local, or tribal government, in the
                                                    while taking into account the reasonable
                                                                                                            please submit a comment (see                           aggregate, or by the private sector of
                                                    needs of other modes of transportation.
                                                                                                            ADDRESSES) explaining why you think it
                                                                                                                                                                   $100,000,000 (adjusted for inflation) or
                                                    Vessels not requiring an opening may
                                                                                                            qualifies and how and to what degree                   more in any one year. Though this
                                                    pass at any time.
                                                                                                            this rule would economically affect it.                proposed rule will not result in such
                                                    IV. Regulatory Analyses                                    Under section 213(a) of the Small                   expenditure, we do discuss the effects of
                                                      We developed this proposed rule after                 Business Regulatory Enforcement                        this proposed rule elsewhere in this
                                                    considering numerous statutes and                       Fairness Act of 1996 (Pub. L. 104–121),                preamble.
                                                    Executive orders related to rulemaking.                 we want to assist small entities in                    F. Environment
                                                    Below we summarize our analyses                         understanding this proposed rule. If the
                                                    based on these statutes and Executive                   rule would affect your small business,                   We have analyzed this proposed rule
                                                    orders and we also discuss First                        organization, or governmental                          under Department of Homeland
                                                    Amendment rights of protestors.                         jurisdiction and you have questions                    Security Management Directive 023–01
                                                                                                            concerning its provisions or options for               and Commandant Instruction
                                                    A. Regulatory Planning and Review                                                                              M16475.lD, which guides the Coast
                                                                                                            compliance, please contact the person
                                                       Executive Orders 12866 and 13563                     listed in the FOR FURTHER INFORMATION                  Guard in complying with the National
                                                    direct agencies to assess the costs and                 CONTACT, above. The Coast Guard will                   Environmental Policy Act of 1969
                                                    benefits of available regulatory                        not retaliate against small entities that              (NEPA) (42 U.S.C. 4321–4370f), and
                                                    alternatives and, if regulation is                                                                             have made a preliminary determination
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                            question or complain about this
                                                    necessary, to select regulatory                         proposed rule or any policy or action of               that this action is one of a category of
                                                    approaches that maximize net benefits.                  the Coast Guard.                                       actions which do not individually or
                                                    Executive Order 13563 emphasizes the                                                                           cumulatively have a significant effect on
                                                    importance of quantifying both costs                    C. Collection of Information                           the human environment. This proposed
                                                    and benefits, of reducing costs, of                       This proposed rule would not call for                rule promulgates the operating
                                                    harmonizing rules, and of promoting                     a new collection of information under                  regulations or procedures for
                                                    flexibility. This NPRM has not been                     the Paperwork Reduction Act of 1995                    drawbridges. Normally such actions are
                                                    designated a ‘‘significant regulatory                   (44 U.S.C. 3501–3520).                                 categorically excluded from further


                                               VerDate Sep<11>2014   13:03 Apr 21, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\24APP1.SGM   24APP1


                                                                             Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Proposed Rules                                            18881

                                                    review, under figure 2–1, paragraph                     List of Subjects in 33 CFR Part 117                    the restriction of emissions of hazardous
                                                    (32)(e), of the Instruction.                              Bridges.                                             air pollutants (HAPs). The State issued
                                                      Under figure 2–1, paragraph (32)(e), of                                                                      the GPLPE on November 9, 2015. The
                                                                                                              For the reasons discussed in the
                                                    the Instruction, an environmental                                                                              permit imposes legally and practicably
                                                                                                            preamble, the Coast Guard proposes to
                                                    analysis checklist and a categorical                                                                           enforceable emissions limitations
                                                                                                            amend 33 CFR part 117 as follows:
                                                    exclusion determination are not                                                                                restricting eligible sources’ potential to
                                                    required for this rule. We seek any                     PART 117—DRAWBRIDGE                                    emit air pollutants. Such restrictions
                                                    comments or information that may lead                   OPERATION REGULATIONS                                  would generally allow eligible sources
                                                    to the discovery of a significant                                                                              to avoid having to comply with
                                                    environmental impact from this                          ■ 1. The authority citation for part 117               reasonably available control technology
                                                    proposed rule.                                          continues to read as follows:                          (RACT) that would otherwise apply to
                                                                                                              Authority: 33 U.S.C. 499; 33 CFR 1.05–1;             major stationary sources, title V
                                                    G. Protest Activities                                   Department of Homeland Security Delegation             operating permit requirements, or other
                                                                                                            No. 0170.1.                                            requirements that apply only to major
                                                      The Coast Guard respects the First
                                                                                                                                                                   stationary sources. This action is being
                                                    Amendment rights of protesters.                         ■ 2. Amend § 117.915 by revising
                                                                                                                                                                   taken in accordance with the Clean Air
                                                    Protesters are asked to contact the                     paragraph (a) to read as follows:
                                                                                                                                                                   Act.
                                                    person listed in the FOR FURTHER
                                                                                                            § 117.915    Ashley River.                             DATES: Written comments must be
                                                    INFORMATION CONTACT section to
                                                    coordinate protest activities so that your                 (a) The draws of the US17 highway                   received on or before May 24, 2017.
                                                    message can be received without                         bridges, mile 2.4 and 2.5 at Charleston,               ADDRESSES: Submit your comments,
                                                    jeopardizing the safety or security of                  SC shall open on signal; except that,                  identified by Docket ID No. EPA–R01–
                                                    people, places or vessels.                              from 4 p.m. to 9 a.m. daily, the draws                 OAR–2016–0542 at http://
                                                                                                            shall open only if at least 12 hours                   www.regulations.gov, or via email to
                                                    V. Public Participation and Request for                 notice is given. The draws of either                   mcdonnell.ida@epa.gov. For comments
                                                    Comments                                                bridge shall open as soon as possible for              submitted at Regulations.gov, follow the
                                                                                                            the passage of vessels in an emergency                 online instructions for submitting
                                                       We view public participation as
                                                                                                            involving danger to life or property.                  comments. Once submitted, comments
                                                    essential to effective rulemaking, and
                                                                                                            *      *    *     *     *                              cannot be edited or removed from
                                                    will consider all comments and material
                                                                                                                                                                   Regulations.gov. For either manner of
                                                    received during the comment period.                       Dated: April 7, 2017.                                submission, the EPA may publish any
                                                    Your comment can help shape the                         S.A. Buschman,                                         comment received to its public docket.
                                                    outcome of this rulemaking. If you                      Rear Admiral, U.S. Coast Guard, Commander,             Do not submit electronically any
                                                    submit a comment, please include the                    Seventh Coast Guard District.                          information you consider to be
                                                    docket number for this rulemaking,                      [FR Doc. 2017–08142 Filed 4–21–17; 8:45 am]            Confidential Business Information (CBI)
                                                    indicate the specific section of this                   BILLING CODE 9110–04–P                                 or other information whose disclosure is
                                                    document to which each comment
                                                                                                                                                                   restricted by statute. Multimedia
                                                    applies, and provide a reason for each
                                                                                                                                                                   submissions (audio, video, etc.) must be
                                                    suggestion or recommendation.
                                                                                                            ENVIRONMENTAL PROTECTION                               accompanied by a written comment.
                                                       We encourage you to submit                           AGENCY                                                 The written comment is considered the
                                                    comments through the Federal                                                                                   official comment and should include
                                                    eRulemaking Portal at http://                           40 CFR Part 52                                         discussion of all points you wish to
                                                    www.regulations.gov. If your material                                                                          make. The EPA will generally not
                                                                                                            [EPA–R01–OAR–2016–0542; A–1–FRL–
                                                    cannot be submitted using http://                       9952–92–Region 1]                                      consider comments or comment
                                                    www.regulations.gov, contact the person                                                                        contents located outside of the primary
                                                    in the FOR FURTHER INFORMATION                          Air Plan Approval; Connecticut;                        submission (i.e. on the web, cloud, or
                                                    CONTACT section of this document for                    General Permit To Limit Potential To                   other file sharing system). For
                                                    alternate instructions.                                 Emit From Major Stationary Sources of                  additional submission methods, please
                                                       We accept anonymous comments. All                    Air Pollution                                          contact the person identified in the FOR
                                                    comments received will be posted                                                                               FURTHER INFORMATION CONTACT section.
                                                                                                            AGENCY:  Environmental Protection
                                                    without change to http://                                                                                      For the full EPA public comment policy,
                                                                                                            Agency (EPA).
                                                    www.regulations.gov and will include                                                                           information about CBI or multimedia
                                                                                                            ACTION: Proposed rule.
                                                    any personal information you have                                                                              submissions, and general guidance on
                                                    provided. For more about privacy and                    SUMMARY:   The Environmental Protection                making effective comments, please visit
                                                    the docket, you may review a Privacy                    Agency (EPA) is proposing to approve a                 http://www2.epa.gov/dockets/
                                                    Act notice regarding the Federal Docket                 State Implementation Plan (SIP)                        commenting-epa-dockets.
                                                    Management System in the March 24,                      revision submitted by the State of                     FOR FURTHER INFORMATION CONTACT:
                                                    2005, issue of the Federal Register (70                 Connecticut. The intended effect of this               Susan Lancey, Air Permits, Toxics, and
                                                    FR 15086).                                              action is to approve into the                          Indoor Programs Unit, Office of
                                                       Documents mentioned in this                          Connecticut SIP the provisions of                      Ecosystem Protection, 5 Post Office
                                                    proposed rule and all public comments                   Connecticut’s ‘‘General Permit to Limit                Square—Suite 100, (Mail code OEP05–
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    are in our online docket at http://                     Potential to Emit from Major Stationary                2), Boston, MA 02109–3912, telephone
                                                    www.regulations.gov and can be viewed                   Sources of Air Pollution’’ (GPLPE) as                  617–918–1656, fax 617–918–0656, email
                                                    by following that Web site’s                            they apply to the restriction of                       lancey.susan@epa.gov.
                                                    instructions. Additionally, if you go to                emissions of criteria pollutants for                   SUPPLEMENTARY INFORMATION: In the
                                                    the online docket and sign up for email                 which EPA has established national                     Final Rules Section of this Federal
                                                    alerts, you will be notified when                       ambient air quality standards.                         Register, EPA is approving the State’s
                                                    comments are posted or a final rule is                  Separately, we are also approving the                  SIP submittal as a direct final rule
                                                    published.                                              provisions of the GPLPE as it applies to               without prior proposal because the


                                               VerDate Sep<11>2014   17:01 Apr 21, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\24APP1.SGM   24APP1



Document Created: 2017-04-22 00:11:12
Document Modified: 2017-04-22 00:11:12
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 June 23, 2017.
ContactIf you have questions on this proposed rule, call or email LT John Downing with the Coast Guard; telephone 843-740-3184, email [email protected]
FR Citation82 FR 18879 
RIN Number1625-AA09

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR