82_FR_37669 82 FR 37515 - Safety Zone; Demolition of SC-41 Bridge, Wando River, Charleston, SC

82 FR 37515 - Safety Zone; Demolition of SC-41 Bridge, Wando River, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 154 (August 11, 2017)

Page Range37515-37517
FR Document2017-16993

The Coast Guard is establishing a temporary safety zone for navigable waters of the Wando River within a 500-yard radius of SC-41 Bridge, vessels and machinery in Charleston, South Carolina. The safety zone is needed to ensure the safety of persons, vessels, and the marine environment from potential hazards created by demolition work on the SC-41 Bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 82 Issue 154 (Friday, August 11, 2017)
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Rules and Regulations]
[Pages 37515-37517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16993]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0348]
RIN 1625-AA-00


Safety Zone; Demolition of SC-41 Bridge, Wando River, Charleston, 
SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Wando River within a 500-yard radius of SC-41 
Bridge, vessels and machinery in Charleston, South Carolina. The safety 
zone is needed to ensure the safety of persons, vessels, and the marine 
environment from potential hazards created by demolition work on the 
SC-41 Bridge. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Charleston or 
a designated representative.

DATES: This rule is effective without actual notice from August 11, 
2017 until August 30, 2017. For purposes of enforcement, actual notice 
will be used from August 4, 2017 until August 11, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0348 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule 
call or email Lieutenant Justin Heck, Sector Charleston Office of 
Waterways Management, Coast Guard; telephone (843) 740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations

[[Page 37516]]

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
OMB Office of Management and Budget

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because insufficient time remains to publish 
an NPRM and to receive public comments, as the bridge demolition will 
occur before the rulemaking process would be completed. The safety zone 
is necessary to provide for the safety of personnel, vessels, and the 
marine environment from potential hazards created by demolition work on 
the bridge. For those reasons, it would be impracticable and contrary 
to the public interest to publish an NPRM.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the potential safety hazards 
associated with the demolition work on the SC-41 Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Charleston has determined that potential 
hazards associated with the bridge demolition starting August 4, 2017 
will be a safety concern for anyone within a 500-yard radius of the 
bridge, vessels, and machinery. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the demolition is in progress.

IV. Discussion of the Rule

    This rule establishes a safety zone on the waters of the Wando 
River in Charleston, South Carolina during the SC-41 bridge demolition. 
The demolition will have two separate demolitions between August 4, 
2017 and August 30, 2017 which will be enforced for approximately six 
hours each. The safety zone will cover all navigable waters within 500 
yards of the bridge, vessels, and machinery being used for the 
demolition of the SC-41 Bridge. No vessel or person will be permitted 
to enter, transit through, anchor in, or remain within the safety zone 
without obtaining permission from the Captain of the Port Charleston or 
a designated representative. If authorization to enter, transit 
through, anchor in, or remain within the safety zone is granted by the 
Captain of the Port Charleston or a designated representative, all 
persons and vessels receiving such authorization must comply with the 
instructions of the Captain of the Port Charleston or a designated 
representative. The Coast Guard will provide notice of the safety zone 
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs) directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See the OMB Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory 
Costs' '' (February 2, 2017).
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will only be enforced for a 
total of twelve hours; (2) although persons and vessels may not enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Charleston or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; and (3) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's

[[Page 37517]]

responsiveness to small business. If you wish to comment on actions by 
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone that will prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within a 
limited area surrounding the SC-41 Bridge on the waters of the Wando 
River for two six hour periods. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Record of Environmental Consideration are 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; and Department of Homeland Security Delegation No. 
0170.


0
2. Add Sec.  165.T07-0348 to read as follows:


Sec.  165.T07-0348  Safety Zone; Demolition of SC-41 Bridge, Wando 
River, Charleston, SC.

    (a) Location. All waters of the Wando River encompassed within a 
500-yard radius of SC-41 Bridge, vessels and machinery.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement period. This rule will be enforced from August 4, 
2017 through August 30, 2017, during demolition activity.

    Dated: August 3, 2017.
G.G. Stump,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-16993 Filed 8-10-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations                                                37515

                                                  700 feet above the earth at Hawthorne                   Regulatory Policies and Procedures (44                  38°28′49″ N., long. 118°24′19″ W.; to lat.
                                                  Industrial Airport, Hawthorne, NV, for                  FR 11034; February 26, 1979); and (3)                   38°32′06″ N., long. 118°18′07″ W.
                                                  the safety of aircraft and management of                does not warrant preparation of a                         Issued in Seattle, Washington, on August 2,
                                                  airspace within the National Airspace                   Regulatory Evaluation as the anticipated                2017.
                                                  System.                                                 impact is so minimal. Since this is a                   Byron Chew,
                                                                                                          routine matter that only affects air traffic            Acting Group Manager, Operations Support
                                                  History
                                                                                                          procedures and air navigation, it is                    Group, Western Service Center.
                                                     On May 1, 2017, the FAA published                    certified that this rule, when                          [FR Doc. 2017–16896 Filed 8–10–17; 8:45 am]
                                                  a notice of proposed rulemaking in the                  promulgated, will not have a significant                BILLING CODE 4910–13–P
                                                  Federal Register (82 FR 20290) Docket                   economic impact on a substantial
                                                  No. FAA–2017–0297 to establish Class E                  number of small entities under the
                                                  airspace extending upward from 700                      criteria of the Regulatory Flexibility Act.
                                                  feet above the surface at Hawthorne                                                                             DEPARTMENT OF HOMELAND
                                                  Industrial Airport, Hawthorne, NV.                      Environmental Review                                    SECURITY
                                                  Interested parties were invited to                         The FAA has determined that this                     Coast Guard
                                                  participate in this rulemaking effort by                action qualifies for categorical exclusion
                                                  submitting written comments on the                      under the National Environmental                        33 CFR Part 165
                                                  proposal to the FAA. No comments                        Policy Act in accordance with FAA
                                                  were received.                                          Order 1050.1F, ‘‘Environmental                          [Docket Number USCG–2017–0348]
                                                     Class E airspace designations are                    Impacts: Policies and Procedures,’’                     RIN 1625–AA–00
                                                  published in paragraph 6005 of FAA                      paragraph 5–6.5a. This airspace action
                                                  Order 7400.11A, dated August 3, 2016,                   is not expected to cause any potentially                Safety Zone; Demolition of SC–41
                                                  and effective September 15, 2016, which                 significant environmental impacts, and                  Bridge, Wando River, Charleston, SC
                                                  is incorporated by reference in 14 CFR                  no extraordinary circumstances exist
                                                  71.1. The Class E airspace designation                  that warrant preparation of an                          AGENCY:     Coast Guard, DHS.
                                                  listed in this document will be                         environmental assessment.                               ACTION:    Temporary final rule.
                                                  published subsequently in the Order.
                                                                                                          Lists of Subjects in 14 CFR Part 71                     SUMMARY:   The Coast Guard is
                                                  Availability and Summary of                                                                                     establishing a temporary safety zone for
                                                  Documents for Incorporation by                           Airspace, Incorporation by reference,
                                                                                                          Navigation (air).                                       navigable waters of the Wando River
                                                  Reference                                                                                                       within a 500-yard radius of SC–41
                                                     This document amends FAA Order                       Adoption of the Amendment                               Bridge, vessels and machinery in
                                                  7400.11A, Airspace Designations and                       In consideration of the foregoing, the                Charleston, South Carolina. The safety
                                                  Reporting Points, dated August 3, 2016,                 Federal Aviation Administration                         zone is needed to ensure the safety of
                                                  and effective September 15, 2016. FAA                   amends 14 CFR part 71 as follows:                       persons, vessels, and the marine
                                                  Order 7400.11A is publicly available as                                                                         environment from potential hazards
                                                  listed in the ADDRESSES section of this                 PART 71—DESIGNATION OF CLASS A,                         created by demolition work on the SC–
                                                  document. FAA Order 7400.11A lists                      B, C, D, AND E AIRSPACE AREAS; AIR                      41 Bridge. Entry of vessels or persons
                                                  Class A, B, C, D, and E airspace areas,                 TRAFFIC SERVICE ROUTES; AND                             into this zone is prohibited unless
                                                  air traffic service routes, and reporting               REPORTING POINTS                                        specifically authorized by the Captain of
                                                  points.                                                                                                         the Port Charleston or a designated
                                                                                                          ■ 1. The authority citation for part 71                 representative.
                                                  The Rule                                                continues to read as follows:                           DATES: This rule is effective without
                                                     This amendment to Title 14, Code of                    Authority: 49 U.S.C. 106(f), 106(g); 40103,           actual notice from August 11, 2017 until
                                                  Federal Regulations (14 CFR) part 71                    40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            August 30, 2017. For purposes of
                                                  establishes Class E airspace extending                  1959–1963 Comp., p. 389.                                enforcement, actual notice will be used
                                                  upward from 700 feet above the surface
                                                                                                                                                                  from August 4, 2017 until August 11,
                                                  within a 3.6-mile radius of Hawthorne                   § 71.1       [Amended]
                                                                                                                                                                  2017.
                                                  Industrial Airport, Hawthorne, NV, and
                                                                                                          ■ 2. The incorporation by reference in
                                                  within 2 miles either side of a curved                                                                          ADDRESSES:   To view documents
                                                                                                          14 CFR 71.1 of FAA Order 7400.11A,
                                                  line extending southeast to                                                                                     mentioned in this preamble as being
                                                                                                          Airspace Designations and Reporting
                                                  approximately 15 miles east of the                                                                              available in the docket, go to http://
                                                                                                          Points, dated August 3, 2016, and
                                                  airport. This airspace is necessary to                                                                          www.regulations.gov, type USCG–2017–
                                                                                                          effective September 15, 2016, is
                                                  support IFR operations in standard                                                                              0348 in the ‘‘SEARCH’’ box and click
                                                                                                          amended as follows:
                                                  instrument approach and departure                                                                               ‘‘SEARCH.’’ Click on Open Docket
                                                  procedures at the airport.                              Paragraph 6005 Class E Airspace                         Folder on the line associated with this
                                                                                                          Areas Extending Upward From 700 Feet                    rule.
                                                  Regulatory Notices and Analyses
                                                                                                          or More Above the Surface of the Earth.                 FOR FURTHER INFORMATION CONTACT: If
                                                     The FAA has determined that this                                                                             you have questions on this rule call or
                                                  regulation only involves an established                 *        *      *      *       *
                                                                                                                                                                  email Lieutenant Justin Heck, Sector
                                                  body of technical regulations for which                 AWP NV E5            Hawthorne, NV [New]                Charleston Office of Waterways
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  frequent and routine amendments are                                                                             Management, Coast Guard; telephone
                                                                                                          Hawthorne Industrial Airport, NV
                                                  necessary to keep them operationally                      (Lat. 38°32′42″ N., long. 118°37′57″ W.)              (843) 740–3184, email Justin.C.Heck@
                                                  current, is non-controversial and                                                                               uscg.mil.
                                                                                                            That airspace extending upward from 700
                                                  unlikely to result in adverse or negative               feet above the surface within 3.6 miles of the
                                                  comments. It, therefore: (1) Is not a                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                          Hawthorne Industrial Airport and within 2
                                                  ‘‘significant regulatory action’’ under                 miles each side of a line extending from lat.           I. Table of Abbreviations
                                                  Executive Order 12866; (2) is not a                     38°32′25″ N., long. 118°37′26″ W.; to lat.
                                                  ‘‘significant rule’’ under DOT                          38°28′43″ N., long. 118°27′48″ W.; to lat.              CFR      Code of Federal Regulations



                                             VerDate Sep<11>2014   16:16 Aug 10, 2017   Jkt 241001   PO 00000   Frm 00005     Fmt 4700   Sfmt 4700   E:\FR\FM\11AUR1.SGM    11AUR1


                                                  37516              Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations

                                                  DHS Department of Homeland Security                     demolitions between August 4, 2017                    from the requirements of Executive
                                                  FR Federal Register                                     and August 30, 2017 which will be                     Order 13771. See the OMB
                                                  NPRM Notice of proposed rulemaking                      enforced for approximately six hours                  Memorandum titled ‘‘Interim Guidance
                                                  § Section
                                                                                                          each. The safety zone will cover all                  Implementing Section 2 of the Executive
                                                  U.S.C. United States Code
                                                  OMB Office of Management and Budget                     navigable waters within 500 yards of the              Order of January 30, 2017 titled
                                                                                                          bridge, vessels, and machinery being                  ‘Reducing Regulation and Controlling
                                                  II. Background Information and                          used for the demolition of the SC–41                  Regulatory Costs’ ’’ (February 2, 2017).
                                                  Regulatory History                                      Bridge. No vessel or person will be                      The economic impact of this rule is
                                                     The Coast Guard is issuing this                      permitted to enter, transit through,                  not significant for the following reasons:
                                                  temporary rule without prior notice and                 anchor in, or remain within the safety                (1) The safety zone will only be
                                                  opportunity to comment pursuant to                      zone without obtaining permission from                enforced for a total of twelve hours; (2)
                                                  authority under section 4(a) of the                     the Captain of the Port Charleston or a               although persons and vessels may not
                                                  Administrative Procedure Act (APA) (5                   designated representative. If                         enter, transit through, anchor in, or
                                                  U.S.C. 553(b)). This provision                          authorization to enter, transit through,              remain within the safety zone without
                                                  authorizes an agency to issue a rule                    anchor in, or remain within the safety                authorization from the Captain of the
                                                  without prior notice and opportunity to                 zone is granted by the Captain of the                 Port Charleston or a designated
                                                  comment when the agency for good                        Port Charleston or a designated                       representative, they may operate in the
                                                  cause finds that those procedures are                   representative, all persons and vessels               surrounding area during the
                                                  ‘‘impracticable, unnecessary, or contrary               receiving such authorization must                     enforcement period; and (3) the Coast
                                                  to the public interest.’’ Under 5 U.S.C.                comply with the instructions of the                   Guard will provide advance notification
                                                  553(b)(B), the Coast Guard finds that                   Captain of the Port Charleston or a                   of the safety zone to the local maritime
                                                  good cause exists for not publishing a                  designated representative. The Coast                  community by Local Notice to Mariners
                                                  notice of proposed rulemaking (NPRM)                    Guard will provide notice of the safety               and Broadcast Notice to Mariners.
                                                  with respect to this rule because                       zone by Local Notice to Mariners,                     B. Impact on Small Entities
                                                  insufficient time remains to publish an                 Broadcast Notice to Mariners, and on-
                                                  NPRM and to receive public comments,                    scene designated representatives.                        The Regulatory Flexibility Act of
                                                  as the bridge demolition will occur                                                                           1980, 5 U.S.C. 601–612, as amended,
                                                                                                          V. Regulatory Analyses                                requires Federal agencies to consider
                                                  before the rulemaking process would be
                                                  completed. The safety zone is necessary                   We developed this rule after                        the potential impact of regulations on
                                                  to provide for the safety of personnel,                 considering numerous statutes and                     small entities during rulemaking. The
                                                  vessels, and the marine environment                     Executive orders related to rulemaking.               term ‘‘small entities’’ comprises small
                                                  from potential hazards created by                       Below we summarize our analyses                       businesses, not-for-profit organizations
                                                  demolition work on the bridge. For                      based on a number of these statutes and               that are independently owned and
                                                  those reasons, it would be impracticable                Executive orders, and we discuss First                operated and are not dominant in their
                                                  and contrary to the public interest to                  Amendment rights of protestors.                       fields, and governmental jurisdictions
                                                  publish an NPRM.                                                                                              with populations of less than 50,000.
                                                                                                          A. Regulatory Planning and Review
                                                     We are issuing this rule, and under 5                                                                      The Coast Guard certifies under 5 U.S.C.
                                                  U.S.C. 553(d)(3), the Coast Guard finds                    Executive Orders 12866 (Regulatory                 605(b) that this rule will not have a
                                                  that good cause exists for making it                    Planning and Review) and 13563                        significant economic impact on a
                                                  effective less than 30 days after                       (Improving Regulation and Regulatory                  substantial number of small entities.
                                                  publication in the Federal Register.                    Review) direct agencies to assess the                    While some owners or operators of
                                                  Delaying the effective date of this rule                costs and benefits of available regulatory            vessels intending to transit the safety
                                                  would be contrary to public interest                    alternatives and, if regulation is                    zone may be small entities, for the
                                                  because immediate action is needed to                   necessary, to select regulatory                       reasons stated in section V.A above, this
                                                  respond to the potential safety hazards                 approaches that maximize net benefits                 rule will not have a significant
                                                  associated with the demolition work on                  (including potential economic,                        economic impact on any vessel owner
                                                  the SC–41 Bridge.                                       environmental, public health and safety               or operator.
                                                                                                          effects, distributive impacts, and                       Under section 213(a) of the Small
                                                  III. Legal Authority and Need for Rule                  equity). Executive Order 13563                        Business Regulatory Enforcement
                                                     The Coast Guard is issuing this rule                 emphasizes the importance of                          Fairness Act of 1996 (Pub. L. 104–121),
                                                  under authority in 33 U.S.C. 1231. The                  quantifying costs and benefits, reducing              we want to assist small entities in
                                                  Captain of the Port Charleston has                      costs, harmonizing rules, and promoting               understanding this rule. If the rule
                                                  determined that potential hazards                       flexibility. Executive Order 13771                    would affect your small business,
                                                  associated with the bridge demolition                   (Reducing Regulation and Controlling                  organization, or governmental
                                                  starting August 4, 2017 will be a safety                Regulatory Costs) directs agencies to                 jurisdiction and you have questions
                                                  concern for anyone within a 500-yard                    reduce regulation and control regulatory              concerning its provisions or options for
                                                  radius of the bridge, vessels, and                      costs and provides that ‘‘for every one               compliance, please contact the person
                                                  machinery. This rule is needed to                       new regulation issued, at least two prior             listed in the FOR FURTHER INFORMATION
                                                  protect personnel, vessels, and the                     regulations be identified for elimination,            CONTACT section.
                                                  marine environment in the navigable                     and that the cost of planned regulations                 Small businesses may send comments
                                                  waters within the safety zone while the                 be prudently managed and controlled                   on the actions of Federal employees
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  demolition is in progress.                              through a budgeting process.’’                        who enforce, or otherwise determine
                                                                                                             The Office of Management and Budget                compliance with, Federal regulations to
                                                  IV. Discussion of the Rule                              (OMB) has not designated this rule a                  the Small Business and Agriculture
                                                    This rule establishes a safety zone on                significant regulatory action under                   Regulatory Enforcement Ombudsman
                                                  the waters of the Wando River in                        section 3(f) of Executive Order 12866.                and the Regional Small Business
                                                  Charleston, South Carolina during the                   Accordingly, OMB has not reviewed it.                 Regulatory Fairness Boards. The
                                                  SC–41 bridge demolition. The                            As this rule is not a significant                     Ombudsman evaluates these actions
                                                  demolition will have two separate                       regulatory action, this rule is exempt                annually and rates each agency’s


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                                                                     Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Rules and Regulations                                              37517

                                                  responsiveness to small business. If you                Environmental Policy Act of 1969 (42                  Captain of the Port Charleston in the
                                                  wish to comment on actions by                           U.S.C. 4321–4370f), and have                          enforcement of the regulated areas.
                                                  employees of the Coast Guard, call 1–                   determined that this action is one of a                  (c) Regulations. (1) All persons and
                                                  888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       vessels are prohibited from entering,
                                                  Coast Guard will not retaliate against                  individually or cumulatively have a                   transiting through, anchoring in, or
                                                  small entities that question or complain                significant effect on the human                       remaining within the regulated area
                                                  about this rule or any policy or action                 environment. This rule involves a safety              unless authorized by the Captain of the
                                                  of the Coast Guard.                                     zone that will prohibit persons and                   Port Charleston or a designated
                                                                                                          vessels from entering, transiting                     representative.
                                                  C. Collection of Information                                                                                     (2) Persons and vessels desiring to
                                                                                                          through, anchoring in, or remaining
                                                    This rule will not call for a new                     within a limited area surrounding the                 enter, transit through, anchor in, or
                                                  collection of information under the                     SC–41 Bridge on the waters of the                     remain within the regulated area may
                                                  Paperwork Reduction Act of 1995 (44                     Wando River for two six hour periods.                 contact the Captain of the Port
                                                  U.S.C. 3501–3520).                                      This rule is categorically excluded from              Charleston by telephone at (843) 740–
                                                  D. Federalism and Indian Tribal                         further review under paragraph 34(g) of               7050, or a designated representative via
                                                  Governments                                             Figure 2–1 of the Commandant                          VHF radio on channel 16, to request
                                                                                                          Instruction. An environmental analysis                authorization. If authorization to enter,
                                                     A rule has implications for federalism               checklist supporting this determination               transit through, anchor in, or remain
                                                  under Executive Order 13132,                            and a Record of Environmental                         within the regulated area is granted by
                                                  Federalism, if it has a substantial direct              Consideration are available in the                    the Captain of the Port Charleston or a
                                                  effect on the States, on the relationship               docket where indicated under                          designated representative, all persons
                                                  between the national government and                     ADDRESSES.                                            and vessels receiving such authorization
                                                  the States, or on the distribution of                                                                         must comply with the instructions of
                                                  power and responsibilities among the                    G. Protest Activities                                 the Captain of the Port Charleston or a
                                                  various levels of government. We have                     The Coast Guard respects the First                  designated representative.
                                                  analyzed this rule under that Order and                 Amendment rights of protesters.                          (3) The Coast Guard will provide
                                                  have determined that it is consistent                   Protesters are asked to contact the                   notice of the regulated area by Local
                                                  with the fundamental federalism                         person listed in the FOR FURTHER                      Notice to Mariners, Broadcast Notice to
                                                  principles and preemption requirements                  INFORMATION CONTACT section to                        Mariners, and on-scene designated
                                                  described in Executive Order 13132.                     coordinate protest activities so that your            representatives.
                                                     Also, this rule does not have tribal                 message can be received without                          (d) Enforcement period. This rule will
                                                  implications under Executive Order                      jeopardizing the safety or security of                be enforced from August 4, 2017
                                                  13175, Consultation and Coordination                    people, places or vessels.                            through August 30, 2017, during
                                                  with Indian Tribal Governments,                                                                               demolition activity.
                                                  because it does not have a substantial                  List of Subjects in 33 CFR Part 165
                                                                                                                                                                  Dated: August 3, 2017.
                                                  direct effect on one or more Indian                       Harbors, Marine safety, Navigation
                                                  tribes, on the relationship between the                                                                       G.G. Stump,
                                                                                                          (water), Reporting and recordkeeping
                                                  Federal Government and Indian tribes,                   requirements, Security measures,                      Captain, U.S. Coast Guard, Captain of the
                                                  or on the distribution of power and                                                                           Port Charleston.
                                                                                                          Waterways.
                                                  responsibilities between the Federal                                                                          [FR Doc. 2017–16993 Filed 8–10–17; 8:45 am]
                                                                                                            For the reasons discussed in the
                                                  Government and Indian tribes. If you                    preamble, the Coast Guard amends 33                   BILLING CODE 9110–04–P
                                                  believe this rule has implications for                  CFR part 165 as follows:
                                                  federalism or Indian tribes, please
                                                  contact the person listed in the FOR                    PART 165—REGULATED NAVIGATION                         DEPARTMENT OF HOMELAND
                                                  FURTHER INFORMATION CONTACT section                     AREAS AND LIMITED ACCESS AREAS                        SECURITY
                                                  above.
                                                                                                          ■ 1. The authority citation for part 165              Coast Guard
                                                  E. Unfunded Mandates Reform Act                         continues to read as follows:
                                                    The Unfunded Mandates Reform Act                                                                            33 CFR Part 165
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and             [Docket Number USCG–2015–0084]
                                                  Federal agencies to assess the effects of               Department of Homeland Security Delegation
                                                                                                                                                                RIN 1625–AA00, AA11
                                                  their discretionary regulatory actions. In              No. 0170.
                                                  particular, the Act addresses actions                   ■ 2. Add § 165.T07–0348 to read as                    Great Lakes—Regulated Navigation
                                                  that may result in the expenditure by a                 follows:                                              Areas and Safety Zones
                                                  State, local, or tribal government, in the
                                                  aggregate, or by the private sector of                  § 165.T07–0348 Safety Zone; Demolition of             AGENCY:    Coast Guard, DHS.
                                                  $100,000,000 (adjusted for inflation) or                SC–41 Bridge, Wando River, Charleston,                ACTION:   Final rule.
                                                  more in any one year. Though this rule                  SC.
                                                  will not result in such an expenditure,                   (a) Location. All waters of the Wando               SUMMARY:   The Coast Guard is amending
                                                  we do discuss the effects of this rule                  River encompassed within a 500-yard                   its Great Lakes Regulated Navigation
                                                  elsewhere in this preamble.                             radius of SC–41 Bridge, vessels and                   Areas to include one additional
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                          machinery.                                            regulated navigation area in Green Bay,
                                                  F. Environment                                            (b) Definition. The term ‘‘designated               WI and safety zones in the Lake Erie
                                                    We have analyzed this rule under                      representative’’ means Coast Guard                    Islands, OH and Saginaw Bay, MI. These
                                                  Department of Homeland Security                         Patrol Commanders, including Coast                    zones will apply during the winter
                                                  Management Directive 023–01 and                         Guard coxswains, petty officers, and                  months and are necessary to protect
                                                  Commandant Instruction M16475.lD,                       other officers operating Coast Guard                  waterway users, vessels, and mariners
                                                  which guide the Coast Guard in                          vessels, and Federal, state, and local                from hazards associated with winter
                                                  complying with the National                             officers designated by or assisting the               conditions and navigation.


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Document Created: 2018-10-24 11:47:05
Document Modified: 2018-10-24 11:47:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from August 11, 2017 until August 30, 2017. For purposes of enforcement, actual notice will be used from August 4, 2017 until August 11, 2017.
ContactIf you have questions on this rule call or email Lieutenant Justin Heck, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation82 FR 37515 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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