Drawbridge Operation Regulations; Inner Harbor Navigation Canal-New Orleans, LA, 40887-40888 [05-13954]

Download as PDF Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules and Regulations (a)(7), (a)(8), and (a)(10) of this section apply. (i) Before anchoring in Anchorage 7 off Marcus Hook, as described in paragraph (a)(8) of this section, a vessel must first obtain permission from the Captain of the Port, Philadelphia, at least 24 hours in advance of arrival. Permission to anchor will be granted on a ‘‘first-come, first-served’’ basis. The Captain of the Port, Philadelphia, will allow only one vessel at a time to be at anchor in Anchorage 7, and no vessel may remain within Anchorage 7 for more than 12 hours. Any vessel arriving from or departing to sea that requires an examination by the public health service, customs or immigration authorities will be directed to an anchorage for the required inspection by the Captain of the Port on a case-by-case basis. (ii) For Anchorage 6 off Deepwater Point, as described in paragraph (a)(7) of this section, and Anchorage 9 as described in paragraph (a)(10) of this section. (A) Any vessel 700 feet or greater in length requesting anchorage shall obtain permission from the Captain of the Port, Philadelphia, Pennsylvania, at least 24 hours in advance. (B) Any vessel from 700 to 750 feet in length shall have one tug alongside at all times while the vessel is at anchor. (C) Any vessel greater than 750 feet in length shall have two tugs alongside at all times while the vessel is at anchor. (D) The Master, owner or operator of a vessel at anchor shall ensure that any tug required by this section is of sufficient horsepower to assist with necessary maneuvers to keep the vessel clear of the navigation channel. (iii) As used in this section, Captain of the Port means the Commander of Sector Delaware Bay or any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf. The Captain of the Port may be contacted by telephone at (215) 271–4807 or via VHF marine band radio, channel 16. * * * * * PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 3. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 I 4. Add § 165.555 to read as follows: VerDate jul<14>2003 15:17 Jul 14, 2005 Jkt 205001 § 165.555 Safety Zone; Delaware River. (a) Definition. As used in this section, Captain of the Port means the Commander of Sector Delaware Bay or any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf. The Captain of the Port may be contacted by telephone at (215) 271– 4807 or via VHF marine band radio, channel 16. (b) Location. The following area is a safety zone: All waters located within a 150-yard radius around the dredging operation and barge, conducting dredging operations in or near the Marcus Hook Range in the vicinity of Anchorage 7. (c) Enforcement. This safety zone will be enforced annually beginning on September 1 through December 31. (d) Regulations. (1) All persons are required to comply with the general regulations governing safety zones in 33 CFR 165.23 of this part. (2) All Coast Guard vessels enforcing this safety zone or watch officers aboard the Dredge and Barge can be contacted on VHF marine band radio, channel 16. The Captain of the Port may be contacted by telephone at (215) 271– 4807 or via VHF marine band radio, channel 16. Dated: July 1, 2005. L.L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 05–13963 Filed 7–14–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD08–05–043] Drawbridge Operation Regulations; Inner Harbor Navigation Canal—New Orleans, LA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Ted Hickey Bascule Span Bridge across the Inner Harbor Navigation Canal, mile 4.6, at New Orleans, Orleans Parish, Louisiana. This deviation allows the bridge to remain closed to navigation for thirty-six hours. This temporary PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 40887 deviation is necessary for the replacement of the operating controls of the bridge. DATES: This deviation is effective from 9 a.m. on Monday, August 1, 2005 through 9 p.m. on Tuesday, August 2, 2005. ADDRESSES: Materials referred to in this document are available for inspection or copying at the office of the Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs Federal Building, room 1313, 500 Poydras Street, New Orleans, Louisiana 70130–3310 between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (504) 589–2965. The Bridge Administration Branch of the Eighth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration Branch, telephone (504) 589–2965. SUPPLEMENTARY INFORMATION: The Board of Commissioners of the New Orleans Levee Board has requested a temporary deviation in order to replace the operating controls and to calibrate the new controls of the Ted Hickey Bascule Span Bridge on Leon C. Simon Boulevard across the Inner Harbor Navigation Canal, mile 4.6, at New Orleans, Orleans Parish, Louisiana. This temporary deviation will allow the bridge to remain in the closed-tonavigation position from 9 a.m. on Monday, August 1, 2005 through 9 p.m. on Tuesday, August 2, 2005. The bridge has a vertical clearance of 45 feet above Mean Sea Level in the closed-to-navigation position. Navigation at the site of the bridge consists mainly of small ships, tows with barges, and recreational vessels, including sailing vessels. Due to prior experience, as well as coordination with waterway users, it has been determined that this thirty-six hour closure will not have a significant effect on these vessels. Normally, the draw of the bridge opens on signal, except that, from 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m., Monday through Friday, the draw need not be opened for navigation, as provided for in 33 CFR 117.458(c). The bridge may not be able to open for emergencies during the closure period. Alternate routes are available via Chef Menteur Pass or Rigolets Pass and the Gulf Intracoastal Waterway. In accordance with 33 CFR 117.35(c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. This deviation from the operating regulations is authorized under 33 CFR 117.35. \\ALPHA3\E\FR\FM\15JYR1.SGM 15JYR1 40888 Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules and Regulations Dated: July 8, 2005. Marcus Redford, Bridge Administrator. [FR Doc. 05–13954 Filed 7–14–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD09–05–027] RIN 1625–AA87 Security Zone; Cleveland Harbor, Cleveland, OH, Change of Location Coast Guard, DHS. ACTION: Temporary final rule; amendment. AGENCY: SUMMARY: On July 1, 2005, the Coast Guard published a temporary final rule establishing a security zone in Cleveland’s inner harbor for the visit of the HMCS Toronto. On July 8, 2005, the Coast Guard learned the HMCS Toronto would be mooring at a different location. This rule changes the location of the temporary security zone and clarifies its duration Entry into this security zone is prohibited without permission of the Captain of the Port Cleveland. This rule is effective from 12:01 a.m. July 15, 2005, until 11:59 p.m., July 17, 2005. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket [CGD09–05– 027] and are available for inspection or copying at the U.S. Coast Guard Marine Safety Office Cleveland, 1055 East Ninth Street, Cleveland, Ohio 44114, between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: LT Allen Turner, U.S. Coast Guard Marine Safety Office Cleveland, at (216) 937– 0128. DATES: SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The new location of where the HMCS Toronto would dock was not known in sufficient time to allow for the publication of an NPRM followed by publication of an effective rule before the event. And delaying this rule would be contrary to VerDate jul<14>2003 15:17 Jul 14, 2005 Jkt 205001 the public interest of ensuring the safety of dignitaries and vessels during this event, and immediate action is necessary to prevent possible loss of life or property. For these same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Background and Purpose This security zone is necessary to ensure the safety of the vessel and dignitaries visiting Cleveland from any potential hazards or threats associated with foreign warships and dignitary visits. The combination of large numbers of inexperienced recreational boaters, congested waterways, and crossing commercially transited waterways could result in an unnecessary security risk to any visiting dignitaries. Establishing security zones gives the Coast Guard and Law Enforcement agencies an opportunity to secure an area before a dignitary arrives. Discussion of the Amendment to the Temporary Final Rule The Coast Guard is establishing a security zone at Cleveland’s inner harbor in Cleveland, OH. This amendment to the rule changes the location of the security zone to include all waters within a 300 radius of Cleveland Port Authority (CPA) Dock 32 and all waters contained in the North Coast Harbor. We have also changed the specific start and end times to clarify the duration of this temporary security zone. Entry into, transit through, or anchoring within this security zone is prohibited unless authorized by the Captain of the Port Cleveland or his designated on-scene representative. The designated on-scene representative will be the Coast Guard Patrol Commander. The Coast Guard Patrol Commander may be contacted via VHF Channel 16. The Coast Guard will notify the public in advance by way of Ninth Coast Guard District Local Notice to Mariners, marine information broadcasts, and for those who request it from marine Safety Office Cleveland, by facsimile. 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 this rule under that Order. It is not ‘‘significant’’ under PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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. This determination is based on the size and location of the security zone within the water. The security zone will hinder commercial vessels, as they will not be able to transit within the breakwater during the period this zone is in effect. Recreational vessels will not be allowed to transit through the designated security zone during the specified times. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant impact on a substantial number of small entities. 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 would not have a significant economic impact on a substantial number of small entities. This rule would affect the following entities, some of which might be small entities: The owners or operators of commercial vessels intending to transit a portion of the activated security zone. This security zone would not have a significant economic impact on a substantial number of small entities for the following reasons: The proposed zone is only in effect while the HMCS Toronto is in port. Before the activation of the security zone, the Coast Guard notify mariners through the Ninth District Coast Guard Local Notice to Mariners, Marine Information Broadcasts and when requested by facsimile. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding this rule so that they can better evaluate its effects and participate \\ALPHA3\E\FR\FM\15JYR1.SGM 15JYR1

Agencies

[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Rules and Regulations]
[Pages 40887-40888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13954]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-05-043]


Drawbridge Operation Regulations; Inner Harbor Navigation Canal--
New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Eighth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
Ted Hickey Bascule Span Bridge across the Inner Harbor Navigation 
Canal, mile 4.6, at New Orleans, Orleans Parish, Louisiana. This 
deviation allows the bridge to remain closed to navigation for thirty-
six hours. This temporary deviation is necessary for the replacement of 
the operating controls of the bridge.

DATES: This deviation is effective from 9 a.m. on Monday, August 1, 
2005 through 9 p.m. on Tuesday, August 2, 2005.

ADDRESSES: Materials referred to in this document are available for 
inspection or copying at the office of the Eighth Coast Guard District, 
Bridge Administration Branch, Hale Boggs Federal Building, room 1313, 
500 Poydras Street, New Orleans, Louisiana 70130-3310 between 7 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (504) 589-2965. The Bridge Administration Branch of 
the Eighth Coast Guard District maintains the public docket for this 
temporary deviation.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION: The Board of Commissioners of the New 
Orleans Levee Board has requested a temporary deviation in order to 
replace the operating controls and to calibrate the new controls of the 
Ted Hickey Bascule Span Bridge on Leon C. Simon Boulevard across the 
Inner Harbor Navigation Canal, mile 4.6, at New Orleans, Orleans 
Parish, Louisiana. This temporary deviation will allow the bridge to 
remain in the closed-to-navigation position from 9 a.m. on Monday, 
August 1, 2005 through 9 p.m. on Tuesday, August 2, 2005.
    The bridge has a vertical clearance of 45 feet above Mean Sea Level 
in the closed-to-navigation position. Navigation at the site of the 
bridge consists mainly of small ships, tows with barges, and 
recreational vessels, including sailing vessels. Due to prior 
experience, as well as coordination with waterway users, it has been 
determined that this thirty-six hour closure will not have a 
significant effect on these vessels. Normally, the draw of the bridge 
opens on signal, except that, from 7 a.m. to 8:30 a.m. and 5 p.m. to 
6:30 p.m., Monday through Friday, the draw need not be opened for 
navigation, as provided for in 33 CFR 117.458(c). The bridge may not be 
able to open for emergencies during the closure period. Alternate 
routes are available via Chef Menteur Pass or Rigolets Pass and the 
Gulf Intracoastal Waterway.
    In accordance with 33 CFR 117.35(c), this work will be performed 
with all due speed in order to return the bridge to normal operation as 
soon as possible. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.


[[Page 40888]]


    Dated: July 8, 2005.
Marcus Redford,
Bridge Administrator.
[FR Doc. 05-13954 Filed 7-14-05; 8:45 am]
BILLING CODE 4910-15-P

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