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