Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Albemarle and Chesapeake Canal, Chesapeake, VA, 16004-16005 [2010-7244]

Download as PDF 16004 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of Information and Regulatory Affairs has not designated this as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. Revise § 117.1031 to read as follows: ■ § 117.1031 Chehalis River. The draw of the U.S. 101 highway bridge, mile 0.1, at Aberdeen shall open on signal if at least one-hour notice is given at all times by telephone to the Washington State Department of Transportation. Dated: March 11, 2010. G.T. Blore, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2010–7166 Filed 3–30–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2010–0185] Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Albemarle and Chesapeake Canal, Chesapeake, VA Coast Guard, DHS. Notice of temporary deviation from regulations. ACTION: We have analyzed this rule under Department of Homeland Security Management Directive 023–01, and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required. erowe on DSK5CLS3C1PROD with RULES 1. The authority citation for part 117 continues to read as follows: ■ AGENCY: Environment 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: ■ VerDate Nov<24>2008 PART 117—DRAWBRIDGE OPERATION REGULATIONS 14:09 Mar 30, 2010 Jkt 220001 SUMMARY: The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the SR170 Centerville Turnpike Bridge across the Atlantic Intracoastal Waterway, Albemarle and Chesapeake Canal, mile 15.7, at Chesapeake, VA. The deviation is necessary to facilitate structural repairs to the swing span. This deviation allows the drawbridge to remain in the closed to navigation position. DATES: This deviation is effective from 8 a.m. on April 10, 2010 to 6 p.m. on April 18, 2010. ADDRESSES: Documents mentioned in this preamble as being available in the docket USCG–2010–0185 and are available online by going to https:// www.regulations.gov, inserting USCG– 2010–0185 in the ‘‘Keyword’’ box, and then clicking ‘‘Search’’. This material is also available for inspection or copying the Docket Management Facility (M–30), PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Mr. Bill H. Brazier, Bridge Management Specialist, Fifth Coast Guard District; telephone (757) 398– 6422, e-mail Bill.H.Brazier@uscg.mil. If you have questions on reviewing the docket, call Renee V. Wright, Program Manager, Docket Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: The City of Chesapeake, who owns and operates this swing-type bridge, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.997(i), to facilitate structural repairs. The SR170 Centerville Turnpike Bridge has a vertical clearance in the closed position to vessels of four feet above mean high water. Under this temporary deviation, the drawbridge will be maintained in the closed to navigation position to facilitate repairs to structural support stringers on two separate closures. The first closure period will begin at 8 a.m. April 10, 2010, until and including 6 p. m. April 11, 2010; and the second closure period scheduled to begin at 8 a.m. on April 17, 2010, until and including 6 p.m. on April 18, 2010. Openings will be provided during the closure periods at the following times: on Saturdays at 8 a.m., 10 a.m., noon, 2 p.m., 4 p.m., 6 p.m., 8 p.m., and 10 p.m., and on Sundays at midnight, 2 a.m., 4 a.m., 6 a.m., 8 a.m., 10 a.m., noon, 2 p.m., 4 p.m., and 6 p.m. The Atlantic Intracoastal Waterway caters to a variety of vessels from tug and barge traffic to recreational vessels traveling from Florida to Maine. The Coast Guard has carefully coordinated the restrictions with commercial and recreational waterway users. Additionally, the Coast Guard will inform unexpected users of the waterway through our local and broadcast Notices to Mariners of the closure periods for the bridge so that vessels can arrange their transits to minimize any impacts caused by the temporary deviation. The Atlantic Ocean is the alternate route for vessels and the bridge will be able to open in the event of an emergency. In accordance with 33 CFR 117.35(e), the draw must return to its original operating schedule immediately at the end of the designated time period. This E:\FR\FM\31MRR1.SGM 31MRR1 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: March 17, 2010. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. Regulatory Information On November 16, 2009, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulations; Port of Coos Bay Railroad Bridge, Coos Bay, North Bend, OR, in the Federal Register (74 FR 58931). No comments were received on the proposed rule. No public meeting was requested and none was held. [FR Doc. 2010–7244 Filed 3–30–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2009–0840] RIN 1625–AA09 Drawbridge Operation Regulation; Port of Coos Bay Railroad Bridge, Coos Bay, North Bend, OR Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is changing the drawbridge operation regulation for the Coos Bay Railroad Bridge, Coos Bay, mile 9.0, at North Bend, Oregon to delete the requirement for special sound signals used in foggy weather and to change the name of the owner. The change is necessary to make the sound signals used at the bridge consistent with other bridges in the area and to eliminate the unnecessary special sound signals. DATES: This rule is effective April 30, 2010. SUMMARY: Comments and related materials received from the public, as well as documents mentioned in this preamble as being available in this docket are part of docket USCG–2009– 0840 and are available online by going to https://www.regulations.gov, inserting USCG–2009–0840 in the ‘‘Keyword’’ box, and then clicking ‘‘Search’’. This material is also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Austin Pratt, Chief, Bridge Section, Waterways Management Branch, 13th Coast Guard; telephone 206–220–7282, e-mail william.a.pratt@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, erowe on DSK5CLS3C1PROD with RULES ADDRESSES: VerDate Nov<24>2008 14:09 Mar 30, 2010 Jkt 220001 Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Background and Purpose This rule will remove the requirements at the Port of Coos Bay Railroad Bridge, Coos Bay, mile 9.0, at North Bend, Oregon for a bell to be rung continuously in foggy weather and that a siren be sounded in foggy weather when the swingspan is closed. The movable span is normally kept in the open position except for the passage of trains or maintenance work. The rule will also change the regulation to reflect the bridge’s current owner as the Port of Coos Bay. The bell and siren at this drawbridge are not standard requirements at drawbridges and there is nothing specific to this bridge that currently warrants the continuance of these signals. Vessel traffic through the swingspan includes tugs and tows and a variety of recreational craft. Oceangoing ship traffic has diminished greatly in recent decades. The operating regulations currently in effect for the bridge are found at 33 CFR 117.871. These state that the bridge be maintained normally in the open position except for the passage of trains or maintenance. The aforementioned sound signals are also prescribed. Discussion of Comments and Changes No comments on the proposed rule were received and no changes were made to it. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 16005 Order. The Coast Guard has made this finding based on the fact that the rule will have no known impact on the maritime public. 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 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 because it will have no known impact on any vessel traffic. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM we offered to assist small entities in understanding the proposed rule so that they can better evaluate its effects on them and participate in the rulemaking process. Collection of Information This rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. 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 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. E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Rules and Regulations]
[Pages 16004-16005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7244]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0185]


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Albemarle and Chesapeake Canal, Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Fifth Coast Guard District, has issued a 
temporary deviation from the regulations governing the operation of the 
SR170 Centerville Turnpike Bridge across the Atlantic Intracoastal 
Waterway, Albemarle and Chesapeake Canal, mile 15.7, at Chesapeake, VA. 
The deviation is necessary to facilitate structural repairs to the 
swing span. This deviation allows the drawbridge to remain in the 
closed to navigation position.

DATES: This deviation is effective from 8 a.m. on April 10, 2010 to 6 
p.m. on April 18, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket USCG-2010-0185 and are available online by going to https://www.regulations.gov, inserting USCG-2010-0185 in the ``Keyword'' box, 
and then clicking ``Search''. This material is also available for 
inspection or copying the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Mr. Bill H. Brazier, Bridge Management Specialist, Fifth 
Coast Guard District; telephone (757) 398-6422, e-mail 
Bill.H.Brazier@uscg.mil. If you have questions on reviewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, (202) 366-
9826.

SUPPLEMENTARY INFORMATION: The City of Chesapeake, who owns and 
operates this swing-type bridge, has requested a temporary deviation 
from the current operating regulations set out in 33 CFR 117.997(i), to 
facilitate structural repairs.
    The SR170 Centerville Turnpike Bridge has a vertical clearance in 
the closed position to vessels of four feet above mean high water.
    Under this temporary deviation, the drawbridge will be maintained 
in the closed to navigation position to facilitate repairs to 
structural support stringers on two separate closures. The first 
closure period will begin at 8 a.m. April 10, 2010, until and including 
6 p. m. April 11, 2010; and the second closure period scheduled to 
begin at 8 a.m. on April 17, 2010, until and including 6 p.m. on April 
18, 2010. Openings will be provided during the closure periods at the 
following times: on Saturdays at 8 a.m., 10 a.m., noon, 2 p.m., 4 p.m., 
6 p.m., 8 p.m., and 10 p.m., and on Sundays at midnight, 2 a.m., 4 
a.m., 6 a.m., 8 a.m., 10 a.m., noon, 2 p.m., 4 p.m., and 6 p.m.
    The Atlantic Intracoastal Waterway caters to a variety of vessels 
from tug and barge traffic to recreational vessels traveling from 
Florida to Maine. The Coast Guard has carefully coordinated the 
restrictions with commercial and recreational waterway users. 
Additionally, the Coast Guard will inform unexpected users of the 
waterway through our local and broadcast Notices to Mariners of the 
closure periods for the bridge so that vessels can arrange their 
transits to minimize any impacts caused by the temporary deviation. The 
Atlantic Ocean is the alternate route for vessels and the bridge will 
be able to open in the event of an emergency.
    In accordance with 33 CFR 117.35(e), the draw must return to its 
original operating schedule immediately at the end of the designated 
time period. This

[[Page 16005]]

deviation from the operating regulations is authorized under 33 CFR 
117.35.

    Dated: March 17, 2010.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. 2010-7244 Filed 3-30-10; 8:45 am]
BILLING CODE 9110-04-P
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