Drawbridge Operation Regulation; Bayou Tigre, Vermillion Parish, LA, 5685-5686 [2011-2223]

Download as PDF Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Rules and Regulations officer shall either terminate the contract or not exercise the next option. (3) The contracting officer must update the Federal Procurement Data System and other procurement reporting databases to reflect the final agency decision (the D/GC’s decision if no appeal is filed or OHA’s decision). (4) A concern found to be ineligible may not submit an offer as an SDVO SBC on a future procurement unless it demonstrates to SBA’s satisfaction that it has overcome the reasons for the protest (e.g., it changes its ownership to satisfy the definition of an SDVO SBC set forth in § 125.8) and SBA issues a decision to this effect. ■ 12. Revise § 125.28 to read as follows: § 125.28 What are the procedures for appealing an SDVO status protest? The protested concern, the protester, or the contracting officer may file an appeal of an SDVO status protest determination with OHA in accordance with part 134 of this chapter. PART 126—HUBZONE PROGRAM 13. The authority citation for part 126 continues to read as follows: ■ Authority: 15 U.S.C. 632(a), 632(j), 632(p), and 657a. Subpart H—Protests 14. Amend § 126.803 by revising paragraphs (b)(2) and (b)(3), redesignating paragraph (d) as paragraph (d)(1), and adding new paragraphs (d)(2), (d)(3), (d)(4) and (d)(5) to read as follows: ■ § 126.803 How will SBA process a HUBZone status protest? rmajette on DSK29S0YB1PROD with RULES * * * * * (b) * * * (2) The contracting officer may award a contract after receipt of a protest if the contracting officer determines in writing that an award must be made to protect the public interest. Notwithstanding such a determination, the provisions of paragraph (d) of this section apply to the procurement in question. (3) If SBA does not issue its determination within 15 business days (or request an extension that is granted), the contracting officer may award the contract if he or she determines in writing that there is an immediate need to award the contract and that waiting until SBA makes its determination will be disadvantageous to the Government. Notwithstanding such a determination, the provisions of paragraph (d) of this section apply to the procurement in question. * * * * * VerDate Mar<15>2010 14:48 Feb 01, 2011 Jkt 223001 (d) * * * (2) A contracting officer may award a contract to a protested concern after the D/HUB has determined either that the protested concern is an eligible HUBZone or has dismissed all protests against it. If the AA/GCBD subsequently overturns the initial determination or dismissal, the contracting officer may apply the appeal decision to the procurement in question. (3) A contracting officer shall not award a contract to a protested concern that the D/HUB has determined is not an eligible HUBZone for the procurement in question. (i) If a contracting officer receives such a determination after contract award, and no appeal has been filed, the contracting officer shall terminate the award. (ii) If a timely appeal is filed after contract award, the contracting officer must consider whether performance can be suspended until an appellate decision is rendered. (iii) If the AA/GCBD affirms the initial determination finding the protested concern ineligible, the contracting officer shall either terminate the contract or not exercise the next option. (4) The contracting officer must update the Federal Procurement Data System and other procurement reporting databases to reflect the final agency HUBZone decision (the D/HUB’s decision if no appeal is filed or the decision of the AA/GCBD). (5) A concern found to be ineligible is precluded from applying for HUBZone certification for 12 months from the date of the final agency decision (the D/ HUB’s decision if no appeal is filed or the decision of the AA/GCBD). § 126.805 [Amended] 15. Amend § 126.805 by removing paragraph (g) and redesignating paragraph (h) as paragraph (g). ■ PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS 16. The authority citation for part 134 continues to read as follows: ■ Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 637(a), 637(m), 648(1), 656(i), and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. Subpart C—Rules of Practice for Appeals From Size Determinations and NAICS Code Designations 17. Revise § 134.304 to read as follows: ■ PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 5685 § 134.304 Commencement of appeals from size determinations and NAICS code designations. (a) Size appeals must be filed within 15 calendar days after receipt of the formal size determination. (b) NAICS code appeals must be filed within 10 calendar days after issuance of the solicitation, or amendment to the solicitation affecting the NAICS code or size standard. However, SBA may file a NAICS code appeal at any time before offers or bids are due. (c) An untimely appeal will be dismissed. ■ 18. Amend § 134.316 by redesignating paragraphs (a), (b), (c), and (d) as paragraphs (c), (d), (e) and (f), respectively, and adding new paragraphs (a) and (b) to read as follows: § 134.316 The decision. (a) The Judge shall issue a size appeal decision, insofar as practicable, within 60 calendar days after close of the record. (b) The Judge shall issue a NAICS code appeal decision as soon as practicable after close of the record. * * * * * Subpart E—Rules of Practice for Appeals From Service-Disabled Veteran Owned Small Business Concern Protests § 134.504 ■ [Removed and Reserved] 19. Remove and reserve § 134.504. § 134.514 [Amended] 20. Amend § 134.514 by removing the second sentence. ■ § 134.515 [Amended] 21. Amend § 134.515(b) by removing the word ‘‘service’’ in the second sentence and adding in its place the word ‘‘issuance.’’ ■ Dated: January 25, 2011. Karen Mills, Administrator. [FR Doc. 2011–2177 Filed 2–1–11; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2011–0036] Drawbridge Operation Regulation; Bayou Tigre, Vermillion Parish, LA AGENCY: E:\FR\FM\02FER1.SGM Coast Guard, DHS. 02FER1 5686 Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Rules and Regulations Notice of temporary deviation from regulations. ACTION: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Bayou Tigre (LA 330) bridge across Bayou Tigre, mile 2.3, near Delcambre, Vermillion Parish, Louisiana. This deviation is necessary to allow timely bridge rehabilitation to improve overall traffic, boat and pedestrian safety. This deviation allows the bridge to remain closed to vessel traffic. DATES: This deviation is effective from 12:01 a.m. on March 1, 2011 through 11:59 p.m. on April 1, 2011. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2011– 0036 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0036 in the ‘‘Keyword’’ box and then clicking ‘‘Search’’. They are 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, 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. Jim Wetherington, Bridge Management Specialist, District 8 Bridge Branch, U.S. Coast Guard; telephone 504–671–2128 e-mail james.r.wetherington@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation and Development requests a temporary deviation from the published regulation for the Bayou Tigre (LA 330) bridge (5 feet vertical clearance when closed at mean high water) across Bayou Tigre as required by 33 CFR 117.5: Except as otherwise authorized or required by this part, drawbridges must open promptly and fully for the passage of vessels when a request or signal to open is given in accordance with this subpart. Currently, according to 33 CFR 117.507, the draw of the Bayou Tigre (LA 330) bridge shall open on signal if at least four hours notice is given. The Louisiana Department of Transportation and Development requests a deviation to allow the bridge to remain closed to marine traffic from 12:01 a.m. on March 1, 2011 through 11:59 p.m. on April 1, 2011. This time period has been coordinated through the rmajette on DSK29S0YB1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:48 Feb 01, 2011 Jkt 223001 waterway users and the responsible Coast Guard Units. There is no alternative route around the project. This deviation will allow the rehabilitation of the bridge to be completed in a timely fashion. This rehabilitation is necessary to extend the bridge life and optimize traffic and boat operations. It will also improve overall traffic, boat and pedestrian safety. The deviation dates and schedule were chosen to minimize significant effect on vessel traffic. Any vessel that does not require an opening of the drawspan may pass at any time; the vertical clearance is five feet mean high water when closed. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. This deviation may be terminated/cancelled at any time via Broadcast Notice to Mariners. Dated: January 21, 2011. David M. Frank, Bridge Administrator. [FR Doc. 2011–2223 Filed 2–1–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2011–0033] Drawbridge Operation Regulation; Pocomoke River, Pocomoke City, MD Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the Route 675 Bridge across Pocomoke River, mile 15.6, at Pocomoke City, MD. The deviation restricts the operation of the draw span to facilitate mechanical repairs. SUMMARY: This deviation is effective from 7 a.m. on February 14, 2011 to 11:59 p.m. on February 26, 2011. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2011– 0033 and are available online by going to http://www.regulations.gov, inserting USCG–2011–0033 in the ‘‘Keyword’’ box and then clicking ‘‘Search’’. They are also available for inspection or copying DATES: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. If you have questions on this rule, call or e-mail Mr. Waverly W. Gregory, Jr., Bridge Administrator, Fifth District; Coast Guard; telephone 757–398–6222, e-mail Waverly.W.Gregory@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. FOR FURTHER INFORMATION CONTACT: The Maryland State Highway Administration (SHA), who owns and operates this double leaf bascule drawbridge, has requested a temporary deviation from the current operating schedule to facilitate the repairs by replacing the existing solenoid brakes on the main motors with thruster brakes. Under the regular operating schedule required by 33 CFR 117.569(b), the bridge opens on signal, except between November 1 and March 31 the draw must open only if at least five hours advance notice is given. The Route 675 Bridge across Pocomoke River, mile 15.6 at Pocomoke City MD, has a vertical clearance in the closed position of three feet above mean high water and five feet above mean low water. Vessels that can transit under the bridge without an opening may do so at any time. Under this temporary deviation, the SHA will maintain the bridge in the closed position to vessels beginning at 7 a.m. on February 14, 2011 until and including 11:59 p.m. on February 26, 2011. Historically, the bridge has had one opening or less during the month of February in the last three years. The Coast Guard will inform 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 impact caused by the temporary deviation. There are no alternate routes for vessels transiting this section of the Pocomoke River; however, the drawbridge will be able to open in the event of an emergency. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: E:\FR\FM\02FER1.SGM 02FER1

Agencies

[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Rules and Regulations]
[Pages 5685-5686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2223]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0036]


Drawbridge Operation Regulation; Bayou Tigre, Vermillion Parish, 
LA

AGENCY: Coast Guard, DHS.

[[Page 5686]]


ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
Bayou Tigre (LA 330) bridge across Bayou Tigre, mile 2.3, near 
Delcambre, Vermillion Parish, Louisiana. This deviation is necessary to 
allow timely bridge rehabilitation to improve overall traffic, boat and 
pedestrian safety. This deviation allows the bridge to remain closed to 
vessel traffic.

DATES: This deviation is effective from 12:01 a.m. on March 1, 2011 
through 11:59 p.m. on April 1, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket USCG-2011-0036 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0036 in the 
``Keyword'' box and then clicking ``Search''. They are 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, 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. Jim Wetherington, Bridge Management Specialist, 
District 8 Bridge Branch, U.S. Coast Guard; telephone 504-671-2128 e-
mail james.r.wetherington@uscg.mil. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation 
and Development requests a temporary deviation from the published 
regulation for the Bayou Tigre (LA 330) bridge (5 feet vertical 
clearance when closed at mean high water) across Bayou Tigre as 
required by 33 CFR 117.5: Except as otherwise authorized or required by 
this part, drawbridges must open promptly and fully for the passage of 
vessels when a request or signal to open is given in accordance with 
this subpart. Currently, according to 33 CFR 117.507, the draw of the 
Bayou Tigre (LA 330) bridge shall open on signal if at least four hours 
notice is given.
    The Louisiana Department of Transportation and Development requests 
a deviation to allow the bridge to remain closed to marine traffic from 
12:01 a.m. on March 1, 2011 through 11:59 p.m. on April 1, 2011. This 
time period has been coordinated through the waterway users and the 
responsible Coast Guard Units. There is no alternative route around the 
project.
    This deviation will allow the rehabilitation of the bridge to be 
completed in a timely fashion. This rehabilitation is necessary to 
extend the bridge life and optimize traffic and boat operations. It 
will also improve overall traffic, boat and pedestrian safety.
    The deviation dates and schedule were chosen to minimize 
significant effect on vessel traffic. Any vessel that does not require 
an opening of the drawspan may pass at any time; the vertical clearance 
is five feet mean high water when closed.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the designated 
time period.
    This deviation from the operating regulations is authorized under 
33 CFR 117.35. This deviation may be terminated/cancelled at any time 
via Broadcast Notice to Mariners.

    Dated: January 21, 2011.
David M. Frank,
Bridge Administrator.
[FR Doc. 2011-2223 Filed 2-1-11; 8:45 am]
BILLING CODE 9110-04-P