Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Wrightsville Beach, NC, 5184-5185 [2012-2285]

Download as PDF 5184 Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Rules and Regulations guidelines as it deems appropriate to implement certain provisions of the Act. 25 U.S.C. 2706(b)(10). On November 12, 2010, the Commission issued a Notice of Inquiry (NOI) requesting comment on which of its regulations were most in need of revision, in what order the Commission should review its regulations, and the process NIGC should utilize to make revisions. The NOI was published in the Federal Register on November 18, 2010. 75 FR 70680. The Commission’s regulatory review process established a tribal consultation schedule of 33 meetings over 11 months with a description of the regulation groups to be covered at each consultation. On October 12, 2011, the Commission published a Notice of Proposed Rulemaking (NPRM) indicating its intent to repeal part 523 and requested comment through December 12, 2011. 76 FR 63236. Part 523 applies only to gaming ordinances or resolutions enacted by Tribes prior to January 22, 1993, and not yet submitted to the Chairwoman. All comments received in response to the NOI, during tribal consultation meetings, or in response to the NPRM indicated that any ordinances or resolutions enacted prior to January 22, 1993 already have been submitted to the Chair for review. Accordingly, comments support the repeal of this part. A review of the Commission documents also did not find any ordinances or resolutions meeting the criteria of this part that require review. Because this regulation appears to be no longer necessary, the Commission removes this part. II. Specific Comments Four tribes responded to the NPRM. Of these four, none had effective ordinances that were enacted prior to 1993. Two tribes were supportive of the rule, one had no objection, and the fourth declined comment other than to say the repeal would not affect it.. III. Regulatory Matters tkelley on DSK3SPTVN1PROD with RULES Regulatory Flexibility Act The proposed rule will not have a significant impact on a substantial number of small entities as defined under the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Moreover, Indian Tribes are not considered to be small entities for the purposes of the Regulatory Flexibility Act. 15:14 Feb 01, 2012 Jkt 226001 Gaming Commission removes and reserves 25 CFR part 523. The final rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. The rule does not have an effect on the economy of $100 million or more. The rule will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, local government agencies or geographic regions, nor will the proposed rule have a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of the enterprises, to compete with foreign based enterprises. PART 523—[REMOVED AND RESERVED] Authority: 25 U.S.C. 2701, 2706(b)(10). Dated: January 27, 2012, in Washington, DC. Tracie L. Stevens, Chairwoman. Steffani A. Cochran, Vice-Chairwoman. Daniel J. Little, Associate Commissioner. [FR Doc. 2012–2257 Filed 2–1–12; 8:45 am] BILLING CODE 7565–01–P Unfunded Mandate Reform Act The Commission, as an independent regulatory agency, is exempt from compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2 U.S.C. 658(1). DEPARTMENT OF HOMELAND SECURITY Takings I. Removal of Part 523—Review and Approval of Existing Ordinances or Resolutions VerDate Mar<15>2010 Small Business Regulatory Enforcement Fairness Act [Docket No. USCG–2012–0018] In accordance with Executive Order 12630, the Commission has determined that the final rule does not have significant takings implications. A takings implication assessment is not required. Civil Justice Reform In accordance with Executive Order 12988, the Commission has determined that the rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. National Environmental Policy Act The Commission has determined that the rule does not constitute a major federal action significantly affecting the quality of the human environment and that no detailed statement is required pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. This rule merely repeals a previous rule, and does not establish, or modify any information reporting or recordkeeping requirements, and therefore is not subject to the requirements of the Paperwork Reduction Act. Text of the Final Rule For the reasons stated in the preamble, and under the authority 25 U.S.C. 2701, the National Indian PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Coast Guard 33 CFR Part 117 Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Wrightsville Beach, NC Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the S.R. 74 Bridge, across the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, NC. This deviation is necessary to accommodate the Quintiles Wrightsville Beach Full and Half Marathon. This deviation allows the bridge to remain in the closed position during the race. DATES: This deviation is effective from 5 a.m. through 8 a.m. on Sunday, March 18, 2012. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2012– 0018 and are available online by going to http://www.regulations.gov, inserting USCG–2012–0018 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 SUMMARY: E:\FR\FM\02FER1.SGM 02FER1 Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES email Lindsey Middleton, Coast Guard; telephone (757) 398–6629, email Lindsey.R.Middleton@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 Quintiles Wrightsville Beach Full and Half Marathon committee on behalf of the North Carolina Department of Transportation (NCDOT) has requested a temporary deviation from the current operating schedule for the S.R. 74 Bascule Drawbridge across the Atlantic Intracoastal Waterway (AIWW), mile 283.1, at Wrightsville Beach, NC. The requested deviation is to accommodate the 2012 Quintiles Wrightsville Beach Full and Half Marathon scheduled for Sunday, March 18, 2012. To facilitate this event, the draw of the bridge will be maintained in the closed-tonavigation position from 5 a.m. until 8 a.m. The current operating schedule for the bridge is set out in 33 CFR 117.821(a)(4). The regulation requires the bridge to open on signal for vessels at all times except that from 7 a.m. until 7 p.m. the bridge shall open on the hour; every third and fourth Saturday in September the bridge shall remain closed from 7 a.m. until 11 a.m.; and the last Saturday of October or the first or second Saturday of November the bridge shall remain closed from 7 a.m. until 10:30 a.m. The bascule drawbridge has a vertical clearance of 20 feet above mean high water (MHW) in the closed position. Vessels that can pass through the bridge in the closed position may do so at any time. This race is an annual event; therefore local waterway users should be familiar with the closure. To ensure that waterway users are aware of the closure, the Coast Guard will issue a Local and Broadcast Notice to Mariners to allow mariners to schedule their transits accordingly. There are no alternate routes available to vessels. Most waterway traffic consists of recreational boats with a few barges and tugs in the daytime. The bridge is able to open for emergencies. 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: January 18, 2012. Waverly W. Gregory, Jr., Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2012–2285 Filed 2–1–12; 8:45 am] BILLING CODE 9110–04–P VerDate Mar<15>2010 15:14 Feb 01, 2012 Jkt 226001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2012–0031] Drawbridge Operation Regulation; Atlantic Intracoastal Waterway Albermarle Sound to Sunset Beach, Scotts Hill, NC 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 Figure Eight Swing Bridge across the Atlantic Intracoastal Waterway North Carolina Cut, mile 278.1, at Scotts Hill, NC. Under this temporary deviation, the drawbridge may remain in the closed position on specific dates and times to facilitate mechanical gear replacement. DATES: This deviation is effective from 10 a.m. on February 7, 2012, until 3 p.m. on February 8, 2012. ADDRESSES: Documents mentioned in this preamble as being available in the docket USCG–2012–0031 and are available online by going to http://www. regulations.gov, inserting USCG–2012– 0031 in the ‘‘Keywords’’ 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 email Mr. Jim Rousseau, Bridge Management Specialist, Fifth Coast Guard District, telephone (757) 398– 6557. Email James.L.Rousseau2@uscg.mil. If you have questions on reviewing the docket, call Renee V. Wright, Program Manager, Docket Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: The Figure Eight Beach Homeowners Association, who owns and operates the Figure Eight Swing Bridge across the Atlantic Intracoastal Waterway (AIWW), North Carolina Cut, mile 278.1, at Scotts Hill, NC, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.821(a)(3), to accommodate mechanical gear replacement. SUMMARY: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 5185 Under the current operating schedule, the draw shall open on signal for commercial vessels at all times and open on signal for pleasure vessels except need only open for pleasure vessels on the hour and half hour. Figure Eight Swing Bridge, at AIWW mile 278.1, across the North Carolina Cut in Scotts Hill, NC, has a vertical clearance in the closed position to vessels of 20 feet above mean high water. During this time of year approximately two vessels a day transits the area. To facilitate mechanical gear replacement, the drawbridge will be maintained in the closed-to-navigation position from 10 a.m. to 3 p.m. on February 7 and 8, 2012. The mechanical gear replacement is scheduled for February 7, 2012. Under this temporary deviation, the drawbridge will remain in the closed position to vessels requiring an opening from 10 p.m. to 3 p.m. However, should weather preclude this work from taking place on February 7, 2012, the work will be re-scheduled to take place on February 8, 2012. In that case, the drawbridge will operate as normal on February 7, 2012 and the drawbridge will remain in the closed position to vessels requiring an opening from 10 a.m. to 3 p.m. on February 8, 2012. Vessels may transit under the drawbridge while it is in the closed position. 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 will inform unexpected users of the waterway through our local and broadcast Notices to Mariners of the limited operating schedule for the drawbridge 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 not be able to open in the event of an emergency. The Coast Guard will inform the users of the waterway through our Local and Broadcast Notices to Mariners of the opening restrictions of the draw span to minimize transiting delays caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the draw 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. E:\FR\FM\02FER1.SGM 02FER1

Agencies

[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5184-5185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2285]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0018]


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Wrightsville Beach, NC

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 regulation governing the operation of the 
S.R. 74 Bridge, across the Atlantic Intracoastal Waterway, mile 283.1, 
at Wrightsville Beach, NC. This deviation is necessary to accommodate 
the Quintiles Wrightsville Beach Full and Half Marathon. This deviation 
allows the bridge to remain in the closed position during the race.

DATES: This deviation is effective from 5 a.m. through 8 a.m. on 
Sunday, March 18, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket USCG-2012-0018 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0018 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

[[Page 5185]]

email Lindsey Middleton, Coast Guard; telephone (757) 398-6629, email 
Lindsey.R.Middleton@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 Quintiles Wrightsville Beach Full and 
Half Marathon committee on behalf of the North Carolina Department of 
Transportation (NCDOT) has requested a temporary deviation from the 
current operating schedule for the S.R. 74 Bascule Drawbridge across 
the Atlantic Intracoastal Waterway (AIWW), mile 283.1, at Wrightsville 
Beach, NC. The requested deviation is to accommodate the 2012 Quintiles 
Wrightsville Beach Full and Half Marathon scheduled for Sunday, March 
18, 2012. To facilitate this event, the draw of the bridge will be 
maintained in the closed-to-navigation position from 5 a.m. until 8 
a.m.
    The current operating schedule for the bridge is set out in 33 CFR 
117.821(a)(4). The regulation requires the bridge to open on signal for 
vessels at all times except that from 7 a.m. until 7 p.m. the bridge 
shall open on the hour; every third and fourth Saturday in September 
the bridge shall remain closed from 7 a.m. until 11 a.m.; and the last 
Saturday of October or the first or second Saturday of November the 
bridge shall remain closed from 7 a.m. until 10:30 a.m. The bascule 
drawbridge has a vertical clearance of 20 feet above mean high water 
(MHW) in the closed position. Vessels that can pass through the bridge 
in the closed position may do so at any time.
    This race is an annual event; therefore local waterway users should 
be familiar with the closure. To ensure that waterway users are aware 
of the closure, the Coast Guard will issue a Local and Broadcast Notice 
to Mariners to allow mariners to schedule their transits accordingly. 
There are no alternate routes available to vessels. Most waterway 
traffic consists of recreational boats with a few barges and tugs in 
the daytime. The bridge is able to open for emergencies.
    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: January 18, 2012.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2012-2285 Filed 2-1-12; 8:45 am]
BILLING CODE 9110-04-P