Drawbridge Operation Regulation; Ogeechee River, Richmond Hill, GA

CourtCoast Guard
Citation86 FR 61066
Record Number2021-24087
Publication Date05 November 2021
61066
Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
adversely the settlement of the strike or
lockout or the employment of any
person who is involved in the strike or
lockout.
Kevin E. Bryant,
Acting Director, Office of Directives
Management, Department of State.
[FR Doc. 2021–24045 Filed 11–4–21; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2021–0671]
Special Local Regulations; Savannah
Harbor Boat Parade of Lights and
Fireworks, Savannah River, Savannah,
GA
AGENCY
: Coast Guard, Department of
Homeland Security (DHS).
ACTION
: Notification of enforcement of
regulation.
SUMMARY
: The Captain of the Port
Savannah will enforce the special local
regulation for the Savannah Harbor Boat
Parade of Lights and Fireworks from
5:00 p.m. until 10:00 p.m. on November
27, 2021. This action is necessary to
ensure safety of life on navigable waters
of the Savannah River during the
Savannah Harbor Boat Parade of Lights
and Fireworks displays. During the
enforcement period, no person or vessel
may enter, transit through, anchor in, or
remain within the designated area
unless authorized by the Captain of the
Port Savannah or a designated
representative.
DATES
: The regulations in 33 CFR
100.701, table 1 to § 100.701, paragraph
(d), Item 4, will be enforced from 5 p.m.
until 10 p.m., on November 27, 2021.
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this
notification of enforcement, call or
email LT Alex McConnell, Marine
Safety Unit Savannah Office of
Waterways Management, Coast Guard;
telephone 912–652–4353, extension
240, or email Alexander.W.McConnell@
uscg.mil.
SUPPLEMENTARY INFORMATION
: The Coast
Guard will enforce the special local
regulation for the Savannah Harbor
Parade of Lights and Fireworks in 33
CFR 100.701 Table 1 to § 100.701,
paragraph (d), Item 4, from 5 p.m. until
10 p.m., on November 27, 2021. Under
the provisions of 33 CFR 100.701, all
persons and vessels are prohibited from
entering the regulated area unless they
receive permission to do so from the
Captain of the Port Savannah, or
designated representatives. This action
is to provide notice of enforcement
action of the regulated area that will
encompass the Savannah River in
Savannah, GA from the Talmadge
Bridge near River Street, coordinates
32°0520N, 081°0556.3W, and
proceeding down river to a line drawn
at 146 degrees true from day board 62,
approximate coordinates are:
32°0448.7N, 081°0447.9W.
Spectator vessels may safely transit
outside the regulated area, but may not
anchor, block, loiter in, impede the
transit of festival participants or official
patrol vessels or enter the regulated area
without approval from the Captain of
the Port Savannah or a designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation. In addition to this notice
of enforcement in the Federal Register,
the Coast Guard will provide notice of
the regulated area via Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
K.A. Broyles,
Commander, U.S. Coast Guard, Captain of
the Port, Savannah, GA.
[FR Doc. 2021–24076 Filed 11–4–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2021–0596]
RIN 1625–AA09
Drawbridge Operation Regulation;
Ogeechee River, Richmond Hill, GA
AGENCY
: Coast Guard, DHS.
ACTION
: Final rule.
SUMMARY
: The Coast Guard is removing
the existing drawbridge operation
regulation for the Ogeechee River. The
District Bridge Manager has determined
that the waterway at mile 30.7, is an
Advance Approved Waterway per the
regulation. The railroad bridge at mile,
30.7 is being converted to a fixed bridge
and the highway bridge at mile, 37.8
was removed from the waterway. The
drawbridge operating regulation for the
Ogeechee River is no longer applicable
or necessary.
DATES
: This rule is effective November
5, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0596. In the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ In the Document Type
column, select ‘‘Supporting & Related
Material’’.
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email Ms. Jennifer Zercher, Bridge
Management Specialist, Seventh Coast
Guard District, telephone 305–415–
6740, email Jennifer.N.Zercher@
uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
§ Section
GA Georgia
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this final
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), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because the
waterway at mile 30.7 was designated as
an Advance Approved Waterway in
June 2021. The Seaboard System
Railroad Bridge, mile 30.7, has not had
a request to open in the past 40 years,
is being rehabilitated and converted to
a fixed bridge. The Highway Bridge,
mile 37.8, was removed from the
waterway. Therefore, regulation 33 CFR
117.367 is no longer applicable and
shall be removed from publication. It is
unnecessary to publish an NPRM
because this regulatory action does not
purport to place any restrictions on
mariners but rather removes a
restriction that has no further use or
value.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than 30
days after publication in the Federal
Register. The waterway is designated as
Advance Approved, the Highway Bridge
was removed from the waterway and the
Seaboard System Railroad Bridge is
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
being rehabilitated and converted to a
fixed bridge. This rule merely requires
an administrative change to the Federal
Register, in order to omit a regulatory
requirement that is no longer applicable
or necessary. Therefore, a delayed
effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The Ogeechee River at mile 30.7, was
designated as an Advance Approved
Waterway per 33 CFR 115.70 in June
2021. The Seaboard System Railroad
Bridge, mile 30.7, is being coverted to a
fixed bridge and the Highway Bridge,
mile 37.8, was removed from the
waterway. The Advance Approved
determination and the elimination of
the removable span necessitates the
removal of drawbridge operation
regulation, 33 CFR 117.367, which
pertains to the waterway and the former
drawbridges.
The purpose of this rule is to remove
33 CFR 117.367 which refers to the
Ogeechee River, from the Code of
Federal Regulations since the waterway
is designated as an Advance Approved
Waterway at mile 30.7, the railroad
bridge it governs is no longer able to be
opened and the highway bridge was
removed from the waterway.
IV. Discussion of Final Rule
The Coast Guard is removing
regulation 33 CFR 117.367 and the
regulatory burden related to the draw
operations for a bridge that is no longer
in existence and a bridge that is no
longer a drawbridge. This Final Rule
seeks to update the Code of Federal
Regulations by removing language that
governs the Ogeechee River. This
change does not affect waterway or land
traffic.
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 protesters.
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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly, it
has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination
is based on the fact that the waterway
is designated as Advanced Approved,
the railroad bridge is being converted to
a fixed bridge and the highway bridge
was removed from the waterway. The
removal of the operating schedule from
33 CFR 117 Subpart B will have no
effect on the movement of waterway or
land traffic.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this 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 bridge
may be small entities, for the reasons
stated in section V.A above this final
rule would 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 calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this 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.
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, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series) which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has 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
promulgates the operating regulations or
procedures for drawbridges and is
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1, of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the
FOR FURTHER
INFORMATION CONTACT
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
§ 117.367 [Removed]
2. Remove § 117.367.
Dated: October 29, 2021.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard Seventh District.
[FR Doc. 2021–24087 Filed 11–4–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0745]
RIN 1625–AA00
Safety Zone; Potomac River, Between
Charles County, MD and King George
County, VA
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is revising a
temporary safety zone that was
established for certain waters of the
Potomac River. This action is necessary
to provide for the safety of persons, and
the marine environment from the
potential safety hazards associated with
construction operations at the new
Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge, which will occur from
7 a.m. on November 2, 2021, through 8
p.m. on December 31, 2021. This rule
will prohibit persons and vessels from
being in the safety zone unless
authorized by the Captain of the Port,
Sector Maryland-National Capital
Region or a designated representative.
DATES
: This rule is effective without
actual notice from November 5, 2021
through December 31, 2021. For the
purposes of enforcement, actual notice
will be issued from November 2, 2021,
until November 5, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0745 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email LCDR Samuel Danus, Sector
Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone
410–576–2519, email Samuel.M.Danus@
uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and
Regulatory History
On September 10, 2021, Skanska-
Corman-McLean, Joint Venture, notified
the Coast Guard that the company will
continue to set 200-ton pre-cast fender
ring elements at the new Governor
Harry W. Nice/Senator Thomas ‘‘Mac’’
Middleton Memorial (US–301) Bridge at
Piers 43 and 44, which are adjacent on
either side of the federal navigation
channel from September 13, 2021
through December 31, 2021. In
response, on September 17, 2021, the
Coast Guard issued a TFR; request for
comments, Safety Zone; Potomac River,
Between Charles County, MD and King
George County, VA (86 FR 52826).
There, we stated why we issued the
TFR, and invited comments on our
regulatory action related to this bridge
construction activity due to the duration
of the rule. During the comment period
that ended October 25, 2021, we
received 5 comments. The Coast Guard
has amended this rule based on these
comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this amended rule effective less
than 30 days after publication in the
Federal Register. Delaying the effective
date of this rule would be contrary to
the public interest because immediate
action is needed to respond to the
potential safety hazards associated with
construction operations at the new
Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge conducted within the
federal navigation channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that potential hazards
associated with bridge construction
starting November 2, 2021, will be a
safety concern for anyone within the
federal navigation channel at the new
Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge construction site. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the bridge is being
constructed.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received 5
comments to the rule. Two commenters
expressed their support of the zone,
including the temporary safety zone’s
importance to protecting the marine
environment. We concur, as stated in
Section III, the rule is needed to protect
personnel, vessels, and the marine
environmental in the navigable waters
within the safety zone.
The remaining 3 comments were
provided by the bridge contractor,
Skanska-Corman-McLean, Joint Venture,
who provided revised dates for work
requiring the continuous 24/7
enforcement of the zone for certain
periods. One comment stated that the
contruction of protective fender rings
around Piers 43 and 44, on either side
of the federal channel, was scheduled to
occur October 25, 2021, through October
29, 2021. However, the contractor
provided a subsequent comment, eight
days later that revised the dates for this
activity to 7 a.m. on November 4, 2021,
through 8 p.m. on November 6, 2021,
and 7 a.m. November 8, 2021, through
8 p.m. November 10, 2021. In addition,
the final comment provided by the
bridge contractor stated work required
to set structural steel across the federal
channel, originally scheduled to occur
in November 2021, is now scheduled to
occur 7 a.m. on December 6, 2021
through 8 p.m. on December 18, 2021.
Based on the comments provided by
the contractor, the Coast Guard is
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