Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, Virginia, 22252-22253 [05-8568]
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Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
Federalism (Executive Order (E.O.)
13132)
According to E.O. 13132, this rule
does not have meaningful federalism
implications. As noted above, it would
have at most only a small effect relative
to the original rule, which itself may
have only a small consequence ($1 to $2
million a year) on Gulf Coast States in
the form of reduced payments under
section 8(g) of the OCSLA.
Takings Implication Assessment
(Executive Order 12630)
According to E.O. 12630, the rule
does not have significant takings
implications; therefore a Takings
Implication Assessment is not required.
Energy Supply, Distribution, or Use
(Executive Order 13211)
This amended rule is not a significant
rule and is not subject to review by
OMB under E.O. 12866. This amended
rule does not have a significant adverse
effect on energy supply, distribution, or
use. This amended rule may slightly
increase and accelerate the production
of gas from deep wells in shallow waters
of the GOM by providing for a RSV
volume for successful deep production
and a royalty suspension supplement
for unsuccessful deep drilling efforts to
a few more leases, so it has a positive
effect on energy supply based on our
regulatory analysis.
Unfunded Mandates Reform Act
(UMRA) of 1995
Civil Justice Reform (Executive Order
12988)
According to E.O. 12988, the Office of
the Solicitor has determined that the
rule does not unduly burden the judicial
system and meets the requirements of
Sections 3(a) and 3(b)(2) of the E.O.
National Environmental Policy Act
(NEPA) of 1969
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the NEPA is
not required.
15:41 Apr 28, 2005
Jkt 205001
royalty relief provisions in statutes or
lease terms apply to the lease;
*
*
*
*
*
In accordance with E.O. 13175, this
rule does not have tribal implications
that impose substantial direct
compliance costs on Indian tribal
governments.
[FR Doc. 05–8557 Filed 4–28–05; 8:45 am]
List of Subjects in 30 CFR Part 203
Continental shelf, Government
contracts, Indian lands, Minerals
royalties, Oil and gas exploration,
Public lands-mineral resources,
Reporting and recordkeeping
requirements, Sulphur.
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–05–031]
RIN 1625–AA–09
Dated: April 11, 2005.
Chad Calvert,
Acting Assistant Secretary—Land and
Minerals Management.
Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch,
Virginia
For the reasons stated in the preamble,
the Minerals Management Service
(MMS) amends 30 CFR part 203 as
follows:
ACTION:
I
PART 203—RELIEF OR REDUCTION IN
ROYALTY RATES
1. The authority citation for part 203
continues to read as follows:
I
Authority: 25 U.S.C. 396 et seq.; 25 U.S.C.
396a et seq.; 25 U.S.C. 2101 et seq.; 30 U.S.C.
181 et seq.; 30 U.S.C. 351 et seq.; 30 U.S.C.
1001 et seq.; 30 U.S.C. 1701 et seq.; 31 U.S.C.
9701 et seq.; 43 U.S.C. 1301 et seq.; 43 U.S.C.
1331 et seq.; and 43 U.S.C. 1801 et seq.
2. Section 203.40 introductory text and
paragraph (a) are revised to read as
follows:
I
This amended rule does not impose
an unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
amended rule does not have any Federal
mandates. Nor does the rule have a
significant or unique effect on State,
local, or tribal governments or the
private sector. A statement containing
the information required by the UMRA
(2 U.S.C. 1531 et seq.) is not required.
VerDate jul<14>2003
Consultation and Coordination With
Indian Tribal Governments (Executive
Order 13175)
§ 203.40 Which leases are eligible for
royalty relief as a result of drilling deep
wells?
Your lease may receive a royalty
suspension volume under §§ 203.41
through 203.43, and may receive a
royalty suspension supplement under
§§ 203.44 through 203.46, if it:
(a) Was:
(1) In existence on January 1, 2001;
(2) Issued in a lease sale held after
January 1, 2001, and before April 1,
2004, and either the lessee has exercised
the option provided for in § 203.48 or
the lease is located partly in water less
than 200 meters deep and no deep water
royalty relief provisions in statutes or
lease terms apply to the lease; or
(3) Issued in a lease sale held on or
after April 1, 2004, and either the lease
terms provide for royalty relief under
§§ 203.41 through 203.47 of this part or
the lease is located partly in water less
than 200 meters deep and no deep water
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Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
SUMMARY: The Commander, Fifth Coast
Guard District, has approved a
temporary deviation from the
regulations governing the operation of
the Norfolk Southern (NS) #5 Railroad
Bridge across the Elizabeth River,
Eastern Branch, at mile 1.1, in Norfolk,
VA in May 2005. To facilitate extensive
maintenance that is required at the
bridge, the deviation allows the
drawbridge to remain in the closed-tonavigation position for three daytime
closure periods during May, each
closure period lasting 2 to 4 days.
DATES: The deviation is effective from 8
a.m. on May 3 to 4:30 p.m. on May 19,
2005.
FOR FURTHER INFORMATION CONTACT: Bill
Brazier, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6422.
SUPPLEMENTARY INFORMATION: The
Norfolk Southern Corporation, who
owns and operates the NS #5 Railroad
Bridge, has requested temporary
deviations in May 2005 from the
operating regulation to change out two
sets of lift joints from the lift span of the
bridge and to replace 504 bridge ties on
the east bound main track.
To facilitate this extensive
maintenance of the bridge, the lift-span
will be locked in the closed-tonavigation position during the following
closure periods: each day from 8 a.m. to
4 p.m., on May 3 and 4, 2005; each day
from 8:30 a.m. to 12 p.m. and from 1
p.m. to 4:30 p.m. on May 9 to 12 and
on May 16 to 19, 2005. During these
stages, the work requires completely
immobilizing the operation of the lift
span in the closed-to-navigation
position. At all other times, the bridge
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29APR1
Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules and Regulations
will operate in accordance with the
general operating regulations set out in
33 CFR 117.5 that require the bridge to
open promptly and fully for the passage
of vessels when a request to open is
given.
The Coast Guard has informed the
known users of the waterway of the
closure periods for the bridge so that
these vessels can arrange their transits
to minimize any impact caused by the
temporary deviations.
The District Commander has granted
a temporary deviation from the
operating requirements listed in 33 CFR
117.35 for the purpose of repair
completion of the drawbridge. The
temporary deviation allows the NS #5
Railroad Bridge across the Eastern
Branch of the Elizabeth River, at mile
1.1, in Norfolk VA, to remain in the
closed-to-navigation position during the
following closure periods: each day
from 8 a.m. to 4 p.m., on May 3 and 4,
2005; each day from 8:30 a.m. to 12 p.m.
and from 1 p.m. to 4:30 p.m. on May 9
to 12 and on May 16 to 19, 2005.
Dated: April 12, 2005.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. 05–8568 Filed 4–28–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–04–209]
RIN 1625–AA09
Drawbridge Operation Regulations;
Elizabeth River-Eastern Branch,
Norfolk, VA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulations that govern the operation
of the Norfolk Southern (NS) Railroad
Bridge (NS #V2.8) across the Eastern
Branch of the Elizabeth River, at mile
2.7, in Norfolk, VA. The final rule
allows the NS #V2.8 bridge to be
operated from a remote location, and to
remain open for vessel traffic and to
close only for train crossings and
periodic maintenance. This rule will
make the operation of the bridge more
efficient, because currently the bridge
only opens on signal, or on signal after
notice.
DATES: This rule is effective May 31,
2005.
VerDate jul<14>2003
15:41 Apr 28, 2005
Jkt 205001
Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–04–209 and are available
for inspection or copying at Commander
(obr), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004 between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The
Fifth Coast Guard District maintains the
public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT:
Anton Allen, Bridge Management
Specialist, Fifth Coast Guard District, at
(757) 398–6227.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Regulatory History
On December 2, 2004, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Drawbridge Operation
Regulations; Elizabeth River—Eastern
Branch, Norfolk, VA’’ in the Federal
Register (69 FR 70091). We received one
comment on the proposed rule. No
public meeting was requested, and none
was held.
Background and Purpose
Norfolk Southern Corporation (NSC),
who owns and operates this swing-type
bridge at mile 2.7 across the Eastern
Branch of the Elizabeth River, in
Norfolk, VA, requested a change to the
current operating procedures set out in
33 CFR Part 117.1007(a), which requires
the draw to open on signal, from 6 a.m.
to 10 p.m., and open on signal with at
least two hours notice, from 10 p.m. to
6 a.m.
Under this rule, the NS Railroad
Bridge (NS #V2.8) will remain open to
vessel traffic, closing only for train
crossings and periodic maintenance.
This rule allows the NS Railroad Bridge
(NS #V2.8) to be operated from a remote
location at the NS Railroad Bridge (NS
#5), at mile 1.1, over the Eastern Branch
of the Elizabeth River.
NSC has installed closed circuit
cameras in the area of the bridge and
directly beneath the bridge, mounted on
the center pier fender systems on both
sides. Infrared sensors have also been
installed to cover the swing radius of
the bridge. This equipment enhances
the controller’s ability to monitor vessel
traffic from the remote location. The
controller will also monitor marine
channel 13.
This change is being made to make
the operation of the NS Railroad Bridge
(NS #V2.8) more efficient. It will save
operational costs by eliminating the
continuous presence of bridge tenders,
and is expected to decrease
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22253
maintenance costs. In addition, the
draw will be left in the open position
and will only close for train crossings or
periodic maintenance, and therefore
will provide for greater flow of vessel
traffic than the current regulation.
Discussion of Comments and Changes
The Coast Guard received one
comment on the NPRM from NSC. NSC
requested slight revisions to the
language to be used in this rule. The
Coast Guard has incorporated the
following changes to this rule: In
paragraph (a)(3), replaced ‘‘less than 3⁄4
of a mile’’ with ‘‘inhibited.’’ A specific
visibility distance was deemed
impractical. Added the words
‘‘Attention, Attention’’ to the
announcement in paragraph (a)(5). In
paragraph (a)(6), removed the word
‘‘automatically.’’ The operation of this
bridge is not intended to be automatic.
Also in paragraph (a)(6), added the
following statement: ‘‘Vessels shall stay
clear of both channels as to not interfere
with the infrared detectors, until green
lights are displayed on the swing span.’’
The Coast Guard considers these
changes necessary for safe navigation
and the final rule was changed to reflect
these proposals.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. We reached this
conclusion based on the fact that the
changes have only a minimal impact on
maritime traffic transiting the bridge.
Although the NS Railroad Bridge (NS
#V2.8) will be untended and operated
from a remote location, mariners can
continue their transits because the
bridge will remain open to mariners,
only to be closed for train crossings or
periodic maintenance.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
E:\FR\FM\29APR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22252-22253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8568]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-031]
RIN 1625-AA-09
Drawbridge Operation Regulations; Elizabeth River, Eastern
Branch, Virginia
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations.
-----------------------------------------------------------------------
SUMMARY: The Commander, Fifth Coast Guard District, has approved a
temporary deviation from the regulations governing the operation of the
Norfolk Southern (NS) 5 Railroad Bridge across the Elizabeth
River, Eastern Branch, at mile 1.1, in Norfolk, VA in May 2005. To
facilitate extensive maintenance that is required at the bridge, the
deviation allows the drawbridge to remain in the closed-to-navigation
position for three daytime closure periods during May, each closure
period lasting 2 to 4 days.
DATES: The deviation is effective from 8 a.m. on May 3 to 4:30 p.m. on
May 19, 2005.
FOR FURTHER INFORMATION CONTACT: Bill Brazier, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6422.
SUPPLEMENTARY INFORMATION: The Norfolk Southern Corporation, who owns
and operates the NS 5 Railroad Bridge, has requested temporary
deviations in May 2005 from the operating regulation to change out two
sets of lift joints from the lift span of the bridge and to replace 504
bridge ties on the east bound main track.
To facilitate this extensive maintenance of the bridge, the lift-
span will be locked in the closed-to-navigation position during the
following closure periods: each day from 8 a.m. to 4 p.m., on May 3 and
4, 2005; each day from 8:30 a.m. to 12 p.m. and from 1 p.m. to 4:30
p.m. on May 9 to 12 and on May 16 to 19, 2005. During these stages, the
work requires completely immobilizing the operation of the lift span in
the closed-to-navigation position. At all other times, the bridge
[[Page 22253]]
will operate in accordance with the general operating regulations set
out in 33 CFR 117.5 that require the bridge to open promptly and fully
for the passage of vessels when a request to open is given.
The Coast Guard has informed the known users of the waterway of the
closure periods for the bridge so that these vessels can arrange their
transits to minimize any impact caused by the temporary deviations.
The District Commander has granted a temporary deviation from the
operating requirements listed in 33 CFR 117.35 for the purpose of
repair completion of the drawbridge. The temporary deviation allows the
NS 5 Railroad Bridge across the Eastern Branch of the
Elizabeth River, at mile 1.1, in Norfolk VA, to remain in the closed-
to-navigation position during the following closure periods: each day
from 8 a.m. to 4 p.m., on May 3 and 4, 2005; each day from 8:30 a.m. to
12 p.m. and from 1 p.m. to 4:30 p.m. on May 9 to 12 and on May 16 to
19, 2005.
Dated: April 12, 2005.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. 05-8568 Filed 4-28-05; 8:45 am]
BILLING CODE 4910-15-P
