Drawbridge Operation Regulation; Oakland Inner Harbor, Oakland, CA, 78153-78154 [2011-32260]

Download as PDF 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. VerDate Mar<15>2010 16:23 Dec 15, 2011 Jkt 226001 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 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 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 http://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: E:\FR\FM\16DER1.SGM 16DER1 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 http://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 VerDate Mar<15>2010 16:23 Dec 15, 2011 Jkt 226001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 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 E:\FR\FM\16DER1.SGM 16DER1

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]


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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 http://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