Drawbridge Operation Regulation; Oakland Inner Harbor, Oakland, CA, 78153-78154 [2011-32260]
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Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / 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 the Office
of Information and Regulatory Affairs
has not designated it 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.
jlentini on DSK4TPTVN1PROD with RULES
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves special local regulations issued
in conjunction with a marine parade.
Under figure 2–1, paragraph (34)(h), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.35T07–1078
to read as follows:
■
§ 100.35T07–1078 Special Local
Regulations; Boca Raton Holiday Boat
Parade, Intracoastal Waterway, Boca Raton,
FL.
(a) Regulated Areas. The following
buffer zones are regulated areas during
the Boca Raton Holiday Boat Parade: all
waters within 75 yards of the lead
marine parade vessel; all waters within
75 yards of the last marine parade
vessel; and all waters within 50 yards of
all other marine parade vessels. The
identities of the lead marine parade
vessel and the last marine parade vessel
will be provided prior to the marine
parade by Local Notice to Mariners and
Broadcast Notice to Mariners. The
marine parade will begin at C–15 Canal
then head south on the Intracoastal
Waterway to the Hillsborough Bridge,
where the marine parade will conclude.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated areas.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated areas unless
authorized by the Captain of the Port
Miami or a designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated areas may
contact the Captain of the Port Miami by
telephone at (305) 535–4472, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated areas is granted by the Captain
of the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
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78153
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced from 6 p.m. until 9 p.m. on
December 17, 2011.
Dated: November 22, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2011–32255 Filed 12–15–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–1116]
Drawbridge Operation Regulation;
Oakland Inner Harbor, Oakland, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Fruitvale
Avenue Drawbridge across Oakland
Inner Harbor, mile 5.6, between the
cities of Alameda and Oakland,
Alameda County, CA. The deviation is
necessary to allow the County of
Alameda Public Works Agency to
perform seismic retrofitting on the
drawbridge. This deviation allows the
bridge owner to secure the drawspan in
the closed-to-navigation position during
the project.
DATES: This deviation is effective from
12:01 a.m., December 12, 2011 to 11:59
p.m. on February 3, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of the docket USCG–
2011–1116 and are available online by
going to https://www.regulations.gov,
inserting USCG–2011–1116 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
email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone (510) 437–3516, email
David.H.Sulouff@uscg.mil. If you have
SUMMARY:
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78154
Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
DEPARTMENT OF HOMELAND
SECURITY
The
County of Alameda Public Works
Agency has requested a temporary
change to the operation of the Fruitvale
Avenue Drawbridge, mile 5.61, over
Oakland Inner Harbor, between the
cities of Alameda and Oakland,
Alameda County, CA. The drawbridge
navigation span provides a vertical
clearance of 15 feet above Mean High
Water in the closed-to-navigation
position. The draw opens on signal;
except that, from 8 a.m. to 9 a.m. and
4:30 p.m. to 6:30 p.m. Monday through
Friday except Federal holidays, the
draw need not be opened for the passage
of vessels. However, the draw shall
open during the above closed periods
for vessels which must, for reasons of
safety, move on a tide or slack water, if
at least two hours notice is given, as
required by 33 CFR 117.181. Navigation
on the waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position for seismic
retrofitting during three time periods:
(a) From 12:01 a.m., December 12, 2011
to 11:59 p.m. on December 23, 2011; (b)
from 12:01 a.m., January 3, 2012 to
11:59 p.m. on January 12, 2012; and (c)
from 12:01 a.m., January 23, 2012 to
11:59 p.m. on February 3, 2012. At all
other times, the drawspan will promptly
return to normal operation. This
temporary deviation has been
coordinated with waterway users. No
objections to the proposed temporary
deviation were raised.
Vessels that can transit the bridge,
while in the closed-to-navigation
position, may continue to do so at any
time.
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.
33 CFR Part 165
SUPPLEMENTARY INFORMATION:
jlentini on DSK4TPTVN1PROD with RULES
Dated: December 2, 2011.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2011–32260 Filed 12–15–11; 8:45 am]
BILLING CODE 9110–04–P
Coast Guard
[Docket No. USCG–2011–1091]
RIN 1625–AA00
Safety Zones; New Year’s Eve
Fireworks Displays Within the Captain
of the Port Miami Zone, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three temporary safety
zones during New Year’s Eve fireworks
displays on certain navigable waterways
in Miami Beach and West Palm Beach,
Florida. These safety zones are
necessary to protect the public from the
hazards associated with launching
fireworks over navigable waters of the
United States. Persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within any of the three safety zones
unless authorized by the Captain of the
Port Miami or a designated
representative.
SUMMARY:
This rule is effective from 11:59
p.m. on December 31, 2011 until 12:30
a.m. on January 1, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
1091 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1091 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 temporary
final rule, call or email Lieutenant
Jennifer S. Makowski Sector Miami
Prevention Department, Coast Guard;
telephone (305) 535–8724, email
Jennifer.S.Makowski@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
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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)(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
Coast Guard did not receive necessary
information regarding the fireworks
displays until December 2, 2011. As a
result, the Coast Guard did not have
sufficient time to publish an NPRM and
to receive public comments prior to the
fireworks displays. Any delay in the
effective date of this rule would be
contrary to the public interest because
immediate action is needed to minimize
potential danger to the public during the
fireworks displays.
For the same reason discussed above,
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.
Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1226,
1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05–
1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–
295, 116 Stat. 2064; Department of
Homeland Security Delegation No.
0170.1.
The purpose of the rule is to protect
the public from the hazards associated
with the launching of fireworks over
navigable waters of the United States.
Discussion of Rule
Multiple fireworks displays are
planned for New Year’s Eve celebrations
throughout the Captain of the Port
Miami Zone. The fireworks will be
launched from barges and will explode
over navigable waters of the United
States.
The Coast Guard is establishing three
temporary safety zones for New Year’s
Eve fireworks displays on Saturday,
December 31, 2011 on navigable waters
of the Captain of the Port Miami Zone.
The three safety zones are listed below.
1. Miami Beach, Florida. All waters
within a 374 yard radius around the
barge from which the fireworks will be
launched, located 275 yards east of Bay
Front Park. This safety zone will be
enforced from 11:59 p.m. on December
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]]>Agencies
[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78153-78154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32260]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2011-1116]
Drawbridge Operation Regulation; Oakland Inner Harbor, Oakland,
CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations.
-----------------------------------------------------------------------
SUMMARY: The Commander, Eleventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Fruitvale Avenue Drawbridge across Oakland Inner Harbor, mile 5.6,
between the cities of Alameda and Oakland, Alameda County, CA. The
deviation is necessary to allow the County of Alameda Public Works
Agency to perform seismic retrofitting on the drawbridge. This
deviation allows the bridge owner to secure the drawspan in the closed-
to-navigation position during the project.
DATES: This deviation is effective from 12:01 a.m., December 12, 2011
to 11:59 p.m. on February 3, 2012.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of the docket USCG-2011-1116 and are available
online by going to https://www.regulations.gov, inserting USCG-2011-1116
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 email David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone (510) 437-3516, email
David.H.Sulouff@uscg.mil. If you have
[[Page 78154]]
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION: The County of Alameda Public Works Agency
has requested a temporary change to the operation of the Fruitvale
Avenue Drawbridge, mile 5.61, over Oakland Inner Harbor, between the
cities of Alameda and Oakland, Alameda County, CA. The drawbridge
navigation span provides a vertical clearance of 15 feet above Mean
High Water in the closed-to-navigation position. The draw opens on
signal; except that, from 8 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m.
Monday through Friday except Federal holidays, the draw need not be
opened for the passage of vessels. However, the draw shall open during
the above closed periods for vessels which must, for reasons of safety,
move on a tide or slack water, if at least two hours notice is given,
as required by 33 CFR 117.181. Navigation on the waterway is commercial
and recreational.
The drawspan will be secured in the closed-to-navigation position
for seismic retrofitting during three time periods: (a) From 12:01
a.m., December 12, 2011 to 11:59 p.m. on December 23, 2011; (b) from
12:01 a.m., January 3, 2012 to 11:59 p.m. on January 12, 2012; and (c)
from 12:01 a.m., January 23, 2012 to 11:59 p.m. on February 3, 2012. At
all other times, the drawspan will promptly return to normal operation.
This temporary deviation has been coordinated with waterway users. No
objections to the proposed temporary deviation were raised.
Vessels that can transit the bridge, while in the closed-to-
navigation position, may continue to do so at any time.
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.
Dated: December 2, 2011.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2011-32260 Filed 12-15-11; 8:45 am]
BILLING CODE 9110-04-P
