82_FR_47308 82 FR 47113 - Safety Zone; Atlantic Intracoastal Waterway, Socastee, SC

82 FR 47113 - Safety Zone; Atlantic Intracoastal Waterway, Socastee, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range47113-47115
FR Document2017-21868

The Coast Guard is establishing an intermittent safety zone related to ongoing construction of South Carolina Highway 31 (SC-31) Bridge located in Socastee, SC on the Atlantic Intracoastal Waterway at mile marker 372.3. The temporary safety zone will be set one day per week during overhead construction operations. The safety zone is needed to ensure the safety of persons, vessels, and the marine environment from potential hazards created by the bridge construction. Details for specific dates and times will be relayed via Sector Charleston Marine Safety Information Bulletin and Seventh District Local Notice Mariners. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Charleston or a designated representative. We invite your comments on this rulemaking.

Federal Register, Volume 82 Issue 195 (Wednesday, October 11, 2017)
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47113-47115]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21868]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0801]
RIN 1625-AA00


Safety Zone; Atlantic Intracoastal Waterway, Socastee, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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

SUMMARY: The Coast Guard is establishing an intermittent safety zone 
related to ongoing construction of South Carolina Highway 31 (SC-31) 
Bridge located in Socastee, SC on the Atlantic Intracoastal Waterway at 
mile marker 372.3. The temporary safety zone will be set one day per 
week during overhead construction operations. The safety zone is needed 
to ensure the safety of persons, vessels, and the marine environment 
from potential hazards created by the bridge construction. Details for 
specific dates and times will be relayed via Sector Charleston Marine 
Safety Information Bulletin and Seventh District Local Notice Mariners. 
Entry of vessels or persons into these zones is prohibited unless 
specifically authorized by the Captain of the Port Charleston or a 
designated representative. We invite your comments on this rulemaking.

DATES: This rule is effective from October 11, 2017 until March 19, 
2018. Comments and related materials must be received by the Coast 
Guard on or before November 13, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0801 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. To view documents mentioned in 
this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0801 in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rule.

FOR FURTHER INFORMATION CONTACT: Lieutenant Justin Heck, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email [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
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 immediate action is needed to respond 
to the potential safety hazards associated with bridge construction 
operations that are scheduled to begin on October 16, 2017. The Coast 
Guard was initially notified of the need for a safety zone on August 8, 
2017. Hurricane Irma impacted the timeline for commencement of the 
project and the Coast Guard received updated plans for the construction 
operations on September 18, 2017. Therefore, publishing an NPRM is 
impracticable and contrary to public interest.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated above, 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.

III. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material

[[Page 47114]]

received during the comment period. Your comment can help shape the 
outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice. Documents 
mentioned in this NPRM as being available in the docket, and all public 
comments, will be in our online docket at http://www.regulations.gov 
and can be viewed by following that Web site's instructions. 
Additionally, if you go to the online docket and sign up for email 
alerts, you will be notified when comments are posted or a final rule 
is published.

IV. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Charleston has determined that potential 
hazards associated with the bridge construction starting October 16, 
2017 will be a safety concern for anyone within a 200-yard radius of 
the bridge, vessels, and machinery. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the construction is in progress.

V. Discussion of the Rule

    This rule establishes an intermittent safety zone related to 
construction of the South Carolina Highway 31 (SC-31) Bridge located in 
Socastee, SC on the Atlantic Intracoastal Waterway at mile marker 
372.3. The temporary safety zone will be set during overhead 
construction operations starting October 16, 2017 and ending March 19, 
2018. The safety zone is scheduled to take place one day per week 
between 7 a.m. and 4 p.m. The safety zone is needed to ensure the 
safety of persons, vessels, and the marine environment from potential 
hazards created by the bridge construction. The safety zone will cover 
all navigable waters within 200 yards of the bridge, vessels, and 
machinery. No vessel or person will be permitted to enter, transit 
through, anchor in, or remain within the safety zone without first 
obtaining permission from the Captain of the Port Charleston or a 
designated representative. If authorization to enter, transit through, 
anchor in, or remain within the safety zone is granted by the Captain 
of the Port Charleston or a designated representative, all persons and 
vessels receiving such authorization must comply with the instructions 
of the Captain of the Port Charleston or a designated representative. 
The Coast Guard will provide notice of the safety zone by Local Notice 
to Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

VI. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the following 
reasons: (1) Although persons and vessels may not enter, transit 
through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Charleston or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; and (2) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
VI.A above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of federal 
employees who enforce, or otherwise determine compliance with, federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism

[[Page 47115]]

principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves an intermittent safety zone that will prohibit persons 
and vessels from entering, transiting through, anchoring in, or 
remaining within a limited area surrounding the SC-31 Bridge on the 
Atlantic Intracoastal Water Way. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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.T07-0801 to read as follows:


Sec.  165.T07-0801   Safety Zone; Atlantic Intracoastal Waterway, 
Socastee, SC

    (a) Location. All waters of the Atlantic Intracoastal Waterway 
encompassed within a 200-yard radius of South Carolina Highway 31 (SC-
31) Bridge located in Socastee, SC on the Atlantic Intracoastal 
Waterway at mile marker 372.3, and vessels or machinery associated with 
the construction.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement period. This rule will be enforced one day per week 
from October 16, 2017 through March 19, 2018, during construction 
activities. Details for specific dates and times will be relayed via 
Sector Charleston Marine Safety Information Bulletin and Seventh 
District Local Notice to Mariners.

    Dated: October 3, 2017.
John W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-21868 Filed 10-10-17; 8:45 am]
 BILLING CODE 9110-04-P



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

                                             ACTION:Notice of deviation from                             In accordance with 33 CFR 117.35(e),               comments. To view documents
                                             drawbridge regulation.                                   the drawbridge must return to its regular             mentioned in this preamble as being
                                                                                                      operating schedule immediately at the                 available in the docket, go to http://
                                             SUMMARY:   The Coast Guard has issued a                  end of the effective period of this                   www.regulations.gov, type USCG–2017–
                                             temporary deviation from the operating                   temporary deviation. This deviation                   0801 in the ‘‘SEARCH’’ box and click
                                             schedule that governs the Tower                          from the operating regulations is                     ‘‘SEARCH.’’ Click on Open Docket
                                             Drawbridge across the Sacramento                         authorized under 33 CFR 117.35.                       Folder on the line associated with this
                                             River, mile 59.0, at Sacramento, CA. The                   Dated: October 5, 2017.                             rule.
                                             deviation is necessary to allow the                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                      Carl T. Hausner,
                                             community to participate in the Walk                                                                           Lieutenant Justin Heck, Sector
                                                                                                      District Bridge Chief, Eleventh Coast Guard
                                             Against Breast Cancer event. This                        District.                                             Charleston Office of Waterways
                                             deviation allows the bridge to remain in                                                                       Management, Coast Guard; telephone
                                                                                                      [FR Doc. 2017–21924 Filed 10–10–17; 8:45 am]
                                             the closed-to-navigation position during                                                                       (843) 740–3184, email Justin.C.Heck@
                                                                                                      BILLING CODE 9110–04–P
                                             the deviation period.                                                                                          uscg.mil.
                                             DATES: This deviation is effective from                                                                        SUPPLEMENTARY INFORMATION:
                                             8 a.m. through 11 a.m. on October 22,                    DEPARTMENT OF HOMELAND
                                             2017.                                                    SECURITY                                              I. Table of Abbreviations
                                             ADDRESSES: The docket for this                                                                                 CFR Code of Federal Regulations
                                             deviation, USCG–2017–0963, is                            Coast Guard                                           DHS Department of Homeland Security
                                             available at http://www.regulations.gov.                                                                       FR Federal Register
                                             Type the docket number in the                            33 CFR Part 165                                       NPRM Notice of proposed rulemaking
                                                                                                                                                            § Section
                                             ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                     [Docket Number USCG–2017–0801]                        U.S.C. United States Code
                                             Click on Open Docket Folder on the line                  RIN 1625–AA00                                         OMB Office of Management and Budget
                                             associated with this deviation.
                                                                                                                                                            II. Background Information and
                                             FOR FURTHER INFORMATION CONTACT: If                      Safety Zone; Atlantic Intracoastal
                                                                                                                                                            Regulatory History
                                             you have questions on this temporary                     Waterway, Socastee, SC
                                             deviation, call or email Carl T. Hausner,                                                                         The Coast Guard is issuing this
                                                                                                      AGENCY: Coast Guard, DHS.                             temporary rule without prior notice and
                                             Chief, Bridge Section, Eleventh Coast
                                             Guard District; telephone 510–437–                       ACTION:Temporary interim rule; request                opportunity to comment pursuant to
                                             3516; email Carl.T.Hausner@uscg.mil.                     for comments.                                         authority under section 4(a) of the
                                                                                                                                                            Administrative Procedure Act (APA)
                                             SUPPLEMENTARY INFORMATION: The                           SUMMARY:   The Coast Guard is
                                                                                                                                                            (5 U.S.C. 553(b)). This provision
                                             California Department of Transportation                  establishing an intermittent safety zone
                                                                                                                                                            authorizes an agency to issue a rule
                                             has requested a temporary change to the                  related to ongoing construction of South
                                                                                                                                                            without prior notice and opportunity to
                                             operation of the Tower Drawbridge over                   Carolina Highway 31 (SC–31) Bridge
                                                                                                                                                            comment when the agency for good
                                             the Sacramento River, mile 59.0, at                      located in Socastee, SC on the Atlantic
                                                                                                                                                            cause finds that those procedures are
                                             Sacramento, CA. The drawbridge                           Intracoastal Waterway at mile marker
                                                                                                                                                            ‘‘impracticable, unnecessary, or contrary
                                             navigation span provides a vertical                      372.3. The temporary safety zone will be
                                                                                                                                                            to the public interest.’’ Under 5 U.S.C.
                                             clearance of 30 feet above Mean High                     set one day per week during overhead
                                                                                                                                                            553(b)(B), the Coast Guard finds that
                                             Water in the closed-to-navigation                        construction operations. The safety zone
                                                                                                                                                            good cause exists for not publishing a
                                             position. The draw operates as required                  is needed to ensure the safety of
                                                                                                                                                            notice of proposed rulemaking (NPRM)
                                             by 33 CFR 117.189(a). Navigation on the                  persons, vessels, and the marine
                                                                                                                                                            with respect to this rule because
                                             waterway is commercial and                               environment from potential hazards
                                                                                                                                                            immediate action is needed to respond
                                             recreational.                                            created by the bridge construction.
                                                                                                                                                            to the potential safety hazards
                                                The drawspan will be secured in the                   Details for specific dates and times will
                                                                                                                                                            associated with bridge construction
                                             closed-to-navigation position from 8                     be relayed via Sector Charleston Marine
                                                                                                                                                            operations that are scheduled to begin
                                             a.m. through 11 a.m. on October 22,                      Safety Information Bulletin and Seventh
                                                                                                                                                            on October 16, 2017. The Coast Guard
                                             2017, to allow the community to                          District Local Notice Mariners. Entry of
                                                                                                                                                            was initially notified of the need for a
                                             participate in the Walk Against Breast                   vessels or persons into these zones is
                                                                                                                                                            safety zone on August 8, 2017.
                                             Cancer event. This temporary deviation                   prohibited unless specifically
                                                                                                                                                            Hurricane Irma impacted the timeline
                                             has been coordinated with the waterway                   authorized by the Captain of the Port
                                                                                                                                                            for commencement of the project and
                                             users. No objections to the proposed                     Charleston or a designated
                                                                                                                                                            the Coast Guard received updated plans
                                             temporary deviation were raised.                         representative. We invite your
                                                                                                                                                            for the construction operations on
                                             Vessels able to pass through the bridge                  comments on this rulemaking.
                                                                                                                                                            September 18, 2017. Therefore,
                                             in the closed position may do so at any                  DATES: This rule is effective from
                                                                                                                                                            publishing an NPRM is impracticable
                                             time. In the event of an emergency the                   October 11, 2017 until March 19, 2018.                and contrary to public interest.
                                             draw can open on signal if at least one                  Comments and related materials must                      Under 5 U.S.C. 553(d)(3), and for the
                                             hour notice is given to the bridge                       be received by the Coast Guard on or                  same reasons stated above, the Coast
                                             operator. There are no immediate                         before November 13, 2017.                             Guard finds that good cause exists for
                                             alternate routes for vessels to pass. The                ADDRESSES: You may submit comments                    making this rule effective less than 30
                                             Coast Guard will also inform the users                   identified by docket number USCG–                     days after publication in the Federal
                                             of the waterway through our Local and
ethrower on DSK3G9T082PROD with RULES




                                                                                                      2017–0801 using the Federal                           Register.
                                             Broadcast Notices to Mariners of the                     eRulemaking Portal at http://
                                             change in operating schedule for the                     www.regulations.gov. See the ‘‘Public                 III. Public Participation and Request for
                                             bridge so that vessel operators can                      Participation and Request for                         Comments
                                             arrange their transits to minimize any                   Comments’’ portion of the                                We view public participation as
                                             impact caused by the temporary                           SUPPLEMENTARY INFORMATION section for                 essential to effective rulemaking, and
                                             deviation.                                               further instructions on submitting                    will consider all comments and material


                                        VerDate Sep<11>2014    20:04 Oct 10, 2017   Jkt 244001   PO 00000   Frm 00031   Fmt 4700   Sfmt 4700   E:\FR\FM\11OCR1.SGM   11OCR1


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

                                             received during the comment period.                      all navigable waters within 200 yards of              small entities during rulemaking. The
                                             Your comment can help shape the                          the bridge, vessels, and machinery. No                term ‘‘small entities’’ comprises small
                                             outcome of this rulemaking. If you                       vessel or person will be permitted to                 businesses, not-for-profit organizations
                                             submit a comment, please include the                     enter, transit through, anchor in, or                 that are independently owned and
                                             docket number for this rulemaking,                       remain within the safety zone without                 operated and are not dominant in their
                                             indicate the specific section of this                    first obtaining permission from the                   fields, and governmental jurisdictions
                                             document to which each comment                           Captain of the Port Charleston or a                   with populations of less than 50,000.
                                             applies, and provide a reason for each                   designated representative. If                         The Coast Guard certifies under 5 U.S.C.
                                             suggestion or recommendation.                            authorization to enter, transit through,              605(b) that this rule will not have a
                                                We encourage you to submit                            anchor in, or remain within the safety                significant economic impact on a
                                             comments through the Federal                             zone is granted by the Captain of the                 substantial number of small entities.
                                             eRulemaking Portal at http://                            Port Charleston or a designated                          While some owners or operators of
                                             www.regulations.gov. If your material                    representative, all persons and vessels               vessels intending to transit the safety
                                             cannot be submitted using http://                        receiving such authorization must                     zone may be small entities, for the
                                             www.regulations.gov, contact the person                  comply with the instructions of the                   reasons stated in section VI.A above,
                                             in the FOR FURTHER INFORMATION                           Captain of the Port Charleston or a                   this rule will not have a significant
                                             CONTACT section of this document for                     designated representative. The Coast                  economic impact on any vessel owner
                                             alternate instructions.                                  Guard will provide notice of the safety               or operator.
                                                We accept anonymous comments. All                     zone by Local Notice to Mariners,                        Under section 213(a) of the Small
                                             comments received will be posted                         Broadcast Notice to Mariners, and on-                 Business Regulatory Enforcement
                                             without change to http://                                scene designated representatives.                     Fairness Act of 1996 (Pub. L. 104–121),
                                             www.regulations.gov and will include
                                                                                                      VI. Regulatory Analyses                               we want to assist small entities in
                                             any personal information you have
                                                                                                                                                            understanding this rule. If the rule
                                             provided. For more about privacy and                       We developed this rule after
                                                                                                                                                            would affect your small business,
                                             the docket, visit http://                                considering numerous statutes and
                                                                                                                                                            organization, or governmental
                                             www.regulations.gov/privacyNotice.                       Executive Orders related to rulemaking.
                                                                                                                                                            jurisdiction and you have questions
                                             Documents mentioned in this NPRM as                      Below we summarize our analyses
                                                                                                                                                            concerning its provisions or options for
                                             being available in the docket, and all                   based on a number of these statutes and
                                                                                                                                                            compliance, please contact the person
                                             public comments, will be in our online                   Executive Orders, and we discuss First
                                                                                                                                                            listed in the FOR FURTHER INFORMATION
                                             docket at http://www.regulations.gov                     Amendment rights of protestors.
                                                                                                                                                            CONTACT section.
                                             and can be viewed by following that
                                             Web site’s instructions. Additionally, if                A. Regulatory Planning and Review                        Small businesses may send comments
                                             you go to the online docket and sign up                     Executive Orders 12866 and 13563                   on the actions of federal employees who
                                             for email alerts, you will be notified                   direct agencies to assess the costs and               enforce, or otherwise determine
                                             when comments are posted or a final                      benefits of available regulatory                      compliance with, federal regulations to
                                             rule is published.                                       alternatives and, if regulation is                    the Small Business and Agriculture
                                                                                                      necessary, to select regulatory                       Regulatory Enforcement Ombudsman
                                             IV. Legal Authority and Need for Rule                    approaches that maximize net benefits.                and the Regional Small Business
                                               The Coast Guard is issuing this rule                   Executive Order 13771 directs agencies                Regulatory Fairness Boards. The
                                             under authority in 33 U.S.C. 1231. The                   to control regulatory costs through a                 Ombudsman evaluates these actions
                                             Captain of the Port Charleston has                       budgeting process. This rule has not                  annually and rates each agency’s
                                             determined that potential hazards                        been designated a ‘‘significant                       responsiveness to small business. If you
                                             associated with the bridge construction                  regulatory action,’’ under Executive                  wish to comment on actions by
                                             starting October 16, 2017 will be a safety               Order 12866. Accordingly, this rule has               employees of the Coast Guard, call 1–
                                             concern for anyone within a 200-yard                     not been reviewed by the Office of                    888–REG–FAIR (1–888–734–3247). The
                                             radius of the bridge, vessels, and                       Management and Budget (OMB), and                      Coast Guard will not retaliate against
                                             machinery. This rule is needed to                        pursuant to OMB guidance it is exempt                 small entities that question or complain
                                             protect personnel, vessels, and the                      from the requirements of Executive                    about this rule or any policy or action
                                             marine environment in the navigable                      Order 13771.                                          of the Coast Guard.
                                             waters within the safety zone while the                     This regulatory action determination               C. Collection of Information
                                             construction is in progress.                             is based on the following reasons: (1)
                                                                                                      Although persons and vessels may not                    This rule will not call for a new
                                             V. Discussion of the Rule                                                                                      collection of information under the
                                                                                                      enter, transit through, anchor in, or
                                               This rule establishes an intermittent                  remain within the safety zone without                 Paperwork Reduction Act of 1995 (44
                                             safety zone related to construction of the               authorization from the Captain of the                 U.S.C. 3501–3520).
                                             South Carolina Highway 31 (SC–31)                        Port Charleston or a designated                       D. Federalism and Indian Tribal
                                             Bridge located in Socastee, SC on the                    representative, they may operate in the               Governments
                                             Atlantic Intracoastal Waterway at mile                   surrounding area during the
                                             marker 372.3. The temporary safety                       enforcement period; and (2) the Coast                    A rule has implications for federalism
                                             zone will be set during overhead                         Guard will provide advance notification               under Executive Order 13132,
                                             construction operations starting October                 of the safety zone to the local maritime              Federalism, if it has a substantial direct
                                             16, 2017 and ending March 19, 2018.                      community by Local Notice to Mariners                 effect on the States, on the relationship
                                             The safety zone is scheduled to take                                                                           between the national government and
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                                                                                                      and Broadcast Notice to Mariners
                                             place one day per week between 7 a.m.                                                                          the States, or on the distribution of
                                             and 4 p.m. The safety zone is needed to                  B. Impact on Small Entities                           power and responsibilities among the
                                             ensure the safety of persons, vessels,                     The Regulatory Flexibility Act of                   various levels of government. We have
                                             and the marine environment from                          1980, 5 U.S.C. 601–612, as amended,                   analyzed this rule under that Order and
                                             potential hazards created by the bridge                  requires Federal agencies to consider                 have determined that it is consistent
                                             construction. The safety zone will cover                 the potential impact of regulations on                with the fundamental federalism


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

                                             principles and preemption requirements                   message can be received without                       Notice to Mariners, Broadcast Notice to
                                             described in Executive Order 13132.                      jeopardizing the safety or security of                Mariners, and on-scene designated
                                                Also, this rule does not have tribal                  people, places or vessels.                            representatives.
                                             implications under Executive Order                                                                               (d) Enforcement period. This rule will
                                             13175, Consultation and Coordination                     List of Subjects in 33 CFR Part 165
                                                                                                                                                            be enforced one day per week from
                                             with Indian Tribal Governments,                            Harbors, Marine safety, Navigation                  October 16, 2017 through March 19,
                                             because it does not have a substantial                   (water), Reporting and recordkeeping                  2018, during construction activities.
                                             direct effect on one or more Indian                      requirements, Security measures,                      Details for specific dates and times will
                                             tribes, on the relationship between the                  Waterways.                                            be relayed via Sector Charleston Marine
                                             Federal Government and Indian tribes,                      For the reasons discussed in the                    Safety Information Bulletin and Seventh
                                             or on the distribution of power and                      preamble, the Coast Guard amends 33                   District Local Notice to Mariners.
                                             responsibilities between the Federal                     CFR part 165 as follows:                                Dated: October 3, 2017.
                                             Government and Indian tribes. If you
                                                                                                      PART 165—REGULATED NAVIGATION                         John W. Reed,
                                             believe this rule has implications for
                                             federalism or Indian tribes, please                      AREAS AND LIMITED ACCESS AREAS                        Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                            Port Charleston.
                                             contact the person listed in the FOR
                                             FURTHER INFORMATION CONTACT section                      ■ 1. The authority citation for part 165              [FR Doc. 2017–21868 Filed 10–10–17; 8:45 am]
                                             above.                                                   continues to read as follows:                         BILLING CODE 9110–04–P

                                                                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
                                             E. Unfunded Mandates Reform Act                          33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and
                                               The Unfunded Mandates Reform Act                       Department of Homeland Security Delegation            POSTAL SERVICE
                                             of 1995 (2 U.S.C. 1531–1538) requires                    No. 0170.
                                             Federal agencies to assess the effects of                ■ 2. Add § 165.T07–0801 to read as                    39 CFR Part 266
                                             their discretionary regulatory actions. In               follows:
                                             particular, the Act addresses actions                                                                          Privacy of Information
                                             that may result in the expenditure by a                  § 165.T07–0801 Safety Zone; Atlantic                  AGENCY:    Postal ServiceTM.
                                             State, local, or tribal government, in the               Intracoastal Waterway, Socastee, SC
                                                                                                                                                            ACTION:   Final rule.
                                             aggregate, or by the private sector of                      (a) Location. All waters of the Atlantic
                                             $100,000,000 (adjusted for inflation) or                 Intracoastal Waterway encompassed                     SUMMARY:   The Postal Service is revising
                                             more in any one year. Though this rule                   within a 200-yard radius of South                     and restating its privacy regulations to
                                             will not result in such an expenditure,                  Carolina Highway 31 (SC–31) Bridge                    implement numerous non-substantive
                                             we do discuss the effects of this rule                   located in Socastee, SC on the Atlantic               editorial changes. These include
                                             elsewhere in this preamble.                              Intracoastal Waterway at mile marker                  renaming certain offices with privacy-
                                                                                                      372.3, and vessels or machinery                       related duties, modification of the roles
                                             F. Environment                                           associated with the construction.                     of employees tasked with implementing
                                               We have analyzed this rule under                          (b) Definition. The term ‘‘designated              aspects of the privacy regulations, and
                                             Department of Homeland Security                          representative’’ means Coast Guard                    minor editorial changes to postal
                                             Management Directive 023–01 and                          Patrol Commanders, including Coast                    privacy policy to improve its
                                             Commandant Instruction M16475.lD,                        Guard coxswains, petty officers, and                  consistency and clarity. These rules
                                             which guide the Coast Guard in                           other officers operating Coast Guard                  contain procedures by which
                                             complying with the National                              vessels, and Federal, state, and local                individuals may request notification of
                                             Environmental Policy Act of 1969 (42                     officers designated by or assisting the               and access to records about themselves,
                                             U.S.C. 4321–4370f), and have                             Captain of the Port Charleston in the                 request amendments to those records, or
                                             determined that this action is one of a                  enforcement of the regulated areas.                   request an accounting of disclosures of
                                             category of actions that do not                             (c) Regulations. (1) All persons and               those records by the Postal Service.
                                             individually or cumulatively have a                      vessels are prohibited from entering,
                                                                                                                                                            DATES: Effective October 11, 2017.
                                             significant effect on the human                          transiting through, anchoring in, or
                                                                                                      remaining within the regulated area                   FOR FURTHER INFORMATION CONTACT:
                                             environment. This rule involves an
                                             intermittent safety zone that will                       unless authorized by the Captain of the               Natalie A. Bonanno, Chief Counsel,
                                             prohibit persons and vessels from                        Port Charleston or a designated                       Federal Compliance,
                                             entering, transiting through, anchoring                  representative.                                       natalie.a.bonanno@usps.gov, 202–268–
                                             in, or remaining within a limited area                      (2) Persons and vessels desiring to                2944.
                                             surrounding the SC–31 Bridge on the                      enter, transit through, anchor in, or                 SUPPLEMENTARY INFORMATION:    As revised
                                             Atlantic Intracoastal Water Way. This                    remain within the regulated area may                  and restated, 39 CFR part 266 is
                                             rule is categorically excluded from                      contact the Captain of the Port                       designed to carry forward the
                                             further review under paragraph 34(g) of                  Charleston by telephone at (843) 740–                 substantive content of former §§ 266.1–
                                             Figure 2–1 of the Commandant                             7050, or a designated representative via              266.10 in an updated, accessible format.
                                             Instruction. A Record of Environmental                   VHF radio on channel 16, to request
                                                                                                      authorization. If authorization to enter,             266.1     Purpose and Scope
                                             Consideration supporting this
                                             determination is available in the docket                 transit through, anchor in, or remain                   The Postal Service has revised § 266.1
                                             where indicated under ADDRESSES.                         within the regulated area is granted by               to align with the purpose and scope of
                                                                                                      the Captain of the Port Charleston or a               the Privacy Act of 1974, which provides
                                             G. Protest Activities                                                                                          the authority for these regulations. (The
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                                                                                                      designated representative, all persons
                                               The Coast Guard respects the First                     and vessels receiving such authorization              Postal Service has deleted former
                                             Amendment rights of protesters.                          must comply with the instructions of                  § 266.2 Policy because it did not add any
                                             Protesters are asked to contact the                      the Captain of the Port Charleston or a               significant provisions, instructions, or
                                             person listed in the FOR FURTHER                         designated representative.                            guidance to these regulations, and has
                                             INFORMATION CONTACT section to                              (3) The Coast Guard will provide                   redesignated former §§ 266.3–266.10 as
                                             coordinate protest activities so that your               notice of the regulated area by Local                 §§ 266.2–266.9, respectively.)


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Document Created: 2018-10-25 09:59:09
Document Modified: 2018-10-25 09:59:09
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 interim rule; request for comments.
DatesThis rule is effective from October 11, 2017 until March 19, 2018. Comments and related materials must be received by the Coast Guard on or before November 13, 2017.
ContactLieutenant Justin Heck, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation82 FR 47113 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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