Drawbridge Operation Regulation; Sacramento River, Sacramento, CA, 44139-44140 [2012-18342]
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Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations
backpay will be calculated using the
interest rate applicable to underpayment
of taxes under 26 U.S.C. 6621 and will
be compounded daily.
(e) If the ARB determines that the
respondent has not violated the law, an
order will be issued denying the
complaint.
(f) Paragraphs (a) and (b) of this
section apply to all cases in which the
decision of the ALJ was issued on or
after August 31, 2010.
Subpart C—Miscellaneous Provisions
erowe on DSK2VPTVN1PROD with RULES
§ 1978.111 Withdrawal of STAA
complaints, findings, objections, and
petitions for review; settlement.
(a) At any time prior to the filing of
objections to the Assistant Secretary’s
findings and/or preliminary order, a
complainant may withdraw his or her
complaint by notifying the Assistant
Secretary, orally or in writing, of his or
her withdrawal. The Assistant Secretary
then will confirm in writing the
complainant’s desire to withdraw and
determine whether to approve the
withdrawal. The Assistant Secretary
will notify the parties (and each party’s
legal counsel if the party is represented
by counsel) of the approval of any
withdrawal. If the complaint is
withdrawn because of settlement, the
settlement must be submitted for
approval in accordance with paragraph
(d) of this section. A complainant may
not withdraw his or her complaint after
the filing of objections to the Assistant
Secretary’s findings and/or preliminary
order.
(b) The Assistant Secretary may
withdraw the findings and/or
preliminary order at any time before the
expiration of the 30-day objection
period described in § 1978.106,
provided that no objection has been
filed yet, and substitute new findings
and/or a new preliminary order. The
date of the receipt of the substituted
findings or order will begin a new 30day objection period.
(c) At any time before the Assistant
Secretary’s findings and/or preliminary
order become final, a party may
withdraw objections to the Assistant
Secretary’s findings and/or preliminary
order by filing a written withdrawal
with the ALJ. If a case is on review with
the ARB, a party may withdraw a
petition for review of an ALJ’s decision
at any time before that decision becomes
final by filing a written withdrawal with
the ARB. The ALJ or the ARB, as the
case may be, will determine whether to
approve the withdrawal of the
objections or the petition for review. If
the ALJ approves a request to withdraw
objections to the Assistant Secretary’s
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14:46 Jul 26, 2012
Jkt 226001
findings and/or order, and there are no
other pending objections, the Assistant
Secretary’s findings and/or order will
become the final order of the Secretary.
If the ARB approves a request to
withdraw a petition for review of an ALJ
decision, and there are no other pending
petitions for review of that decision, the
ALJ’s decision will become the final
order of the Secretary. If objections or a
petition for review are withdrawn
because of settlement, the settlement
must be submitted for approval in
accordance with paragraph (d) of this
section.
(d)(1) Investigative settlements. At any
time after the filing of a STAA
complaint and before the findings and/
or order are objected to or become a
final order by operation of law, the case
may be settled if the Assistant Secretary,
the complainant, and the respondent
agree to a settlement. The Assistant
Secretary’s approval of a settlement
reached by the respondent and the
complainant demonstrates the Assistant
Secretary’s consent and achieves the
consent of all three parties.
(2) Adjudicatory settlements. At any
time after the filing of objections to the
Assistant Secretary’s findings and/or
order, the case may be settled if the
participating parties agree to a
settlement and the settlement is
approved by the ALJ if the case is before
the ALJ or by the ARB, if the ARB has
accepted the case for review. A copy of
the settlement will be filed with the ALJ
or the ARB, as the case may be.
(e) Any settlement approved by the
Assistant Secretary, the ALJ, or the ARB
will constitute the final order of the
Secretary and may be enforced in
United States district court pursuant to
49 U.S.C. 31105(e).
§ 1978.112
Judicial review.
(a) Within 60 days after the issuance
of a final order under §§ 1978.109 and
1978.110, any person adversely affected
or aggrieved by the order may file a
petition for review of the order in the
United States Court of Appeals for the
circuit in which the violation allegedly
occurred or the circuit in which the
person resided on the date of the
violation.
(b) A final order is not subject to
judicial review in any criminal or other
civil proceeding.
(c) If a timely petition for review is
filed, the record of a case, including the
record of proceedings before the ALJ,
will be transmitted by the ARB or the
ALJ, as the case may be, to the
appropriate court pursuant to the
Federal Rules of Appellate Procedure
and the local rules of such court.
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§ 1978.113
44139
Judicial enforcement.
Whenever any person has failed to
comply with a preliminary order of
reinstatement or a final order, including
one approving a settlement agreement
issued under STAA, the Secretary may
file a civil action seeking enforcement of
the order in the United States district
court for the district in which the
violation was found to have occurred.
§ 1978.114 District court jurisdiction of
retaliation complaints under STAA.
(a) If there is no final order of the
Secretary, 210 days have passed since
the filing of the complaint, and there is
no showing that there has been delay
due to the bad faith of the complainant,
the complainant may bring an action at
law or equity for de novo review in the
appropriate district court of the United
States, which will have jurisdiction over
such an action without regard to the
amount in controversy. The action shall,
at the request of either party to such
action, be tried by the court with a jury.
(b) Within seven days after filing a
complaint in federal court, a
complainant must file with the
Assistant Secretary, the ALJ, or the ARB,
depending on where the proceeding is
pending, a copy of the file-stamped
complaint. A copy of the complaint also
must be served on the OSHA official
who issued the findings and/or
preliminary order, the Assistant
Secretary, and the Associate Solicitor,
Division of Occupational Safety and
Health, U.S. Department of Labor.
§ 1978.115
of rules.
Special circumstances; waiver
In special circumstances not
contemplated by the provisions of these
rules, or for good cause shown, the ALJ
or the ARB on review may, upon
application, after three days notice to all
parties, waive any rule or issue such
orders as justice or the administration of
STAA requires.
[FR Doc. 2012–17994 Filed 7–26–12; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0692]
Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
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44140
Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Tower
Drawbridge across the Sacramento
River, mile 59.0, at Sacramento, CA. The
deviation is necessary to allow the
community to participate in the Fleet
Feet Event, Run to Remember 10K. This
deviation allows the bridge to remain in
the closed-to-navigation position during
the event.
DATES: This deviation is effective from
9:30 a.m. to 10:30 a.m. on September 9,
2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0692 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0692 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
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
California Department of Transportation
has requested a temporary change to the
operation of the Tower Drawbridge,
mile 59.0, Sacramento River, at
Sacramento, CA. The Tower Drawbridge
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw opens on signal from
May 1 through October 31 from 6 a.m.
to 10 p.m. and from November 1
through April 30 from 9 a.m. to 5 p.m.
At all other times the draw shall open
on signal if at least four hours notice is
given, as required by 33 CFR 117.189(a).
Navigation on the waterway is
commercial and recreational.
The drawspan will be secured in the
closed-to-navigation position from 9:30
a.m. to 10:30 a.m. on September 9, 2012
to allow the community to participate in
the Fleet Feet Event, Run To Remember
10K. This temporary deviation has been
coordinated with waterway users. There
are no scheduled river boat cruises or
anticipated levee maintenance during
this deviation period. No objections to
the proposed temporary deviation were
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SUMMARY:
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raised. Vessels that can transit the
bridge, while in the closed-to-navigation
position, may continue to do so at any
time. In the event of an emergency the
drawspan can be opened with 15
minutes advance notice.
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: July 17, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2012–18342 Filed 7–26–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
RIN 1625–AA09
Drawbridge Operation Regulation;
Sturgeon Bay Ship Canal, Sturgeon
Bay, WI
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is changing
the drawbridge operating schedule for
the Maple-Oregon and Michigan Street
Bridges across the Sturgeon Bay Ship
Canal, at miles 4.17 and 4.3, in Sturgeon
Bay, Wisconsin. The establishment of
this schedule is necessary due to the
construction of the Maple-Oregon Street
Bridge and the completed rehabilitation
of the Michigan Street Bridge. This final
rule also confirms the winter
drawbridge schedules for all three
drawbridges over Sturgeon Bay Ship
Canal, including the two previously
mentioned bridges as well as the
Bayview Bridge at mile 3.0.
DATES: This rule is effective August 27,
2012.
ADDRESSES: Comments and related
materials received from the public, as
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2011–
1109 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1109 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is 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
SUMMARY:
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A. Regulatory History and Information
On April 12, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulation; Sturgeon Bay Ship Canal,
Sturgeon Bay, WI, in the Federal
Register (77 FR 21890). We did not
receive any comments on the proposed
rule. No public meeting was requested,
and none was held.
B. Basis and Purpose
[Docket No. USCG–2011–1109]
ACTION:
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. Lee D. Soule, Bridge
Management Specialist, U.S. Coast
Guard, telephone 216–902–6085, email
lee.d.soule@uscg.mil, or fax 216–902–
6088. If you have questions on viewing
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
This rule establishes drawbridge
schedules following the construction of
the new Maple-Oregon Street Bridge
and the extensive rehabilitation of the
existing Michigan Street Bridge. This
final rule is expected to provide for the
safe and efficient passage of vessels
requiring drawbridge openings, as well
as the efficient movement of vehicular
traffic in Sturgeon Bay.
The Sturgeon Bay Ship Canal is
approximately 8.6 miles long and
provides a navigable connection
between Lake Michigan and Green Bay.
The area experiences a significant
increase in vehicular and vessel traffic
during the peak tourist and navigation
season between Memorial Day and
Labor Day each year. There are a total
of three highway drawbridges across the
waterway. The Michigan Street Bridge
provides unlimited vertical clearance in
the open position and 14 feet in the
closed position. Maple-Oregon Bridge
provides unlimited vertical clearance in
the open position and 25 feet in the
closed position. Bayview Bridge also
provides unlimited vertical clearance in
the open position and 42 feet in the
closed position. Both Michigan Street
and Maple-Oregon Bridges serve the
downtown Sturgeon Bay area and are
located approximately 750 feet apart on
the canal.
A final rule was published on October
24, 2005 in the Federal Register (70 FR
61380) to allow for one opening per
hour at the Michigan Street Bridge for
recreational vessels while the MapleOregon Bridge was constructed and the
Michigan Street Bridge was
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]]>Agencies
[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Rules and Regulations]
[Pages 44139-44140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18342]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0692]
Drawbridge Operation Regulation; Sacramento River, Sacramento, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations.
-----------------------------------------------------------------------
[[Page 44140]]
SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Tower Drawbridge across the
Sacramento River, mile 59.0, at Sacramento, CA. The deviation is
necessary to allow the community to participate in the Fleet Feet
Event, Run to Remember 10K. This deviation allows the bridge to remain
in the closed-to-navigation position during the event.
DATES: This deviation is effective from 9:30 a.m. to 10:30 a.m. on
September 9, 2012.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0692 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0692 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 questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: The California Department of Transportation
has requested a temporary change to the operation of the Tower
Drawbridge, mile 59.0, Sacramento River, at Sacramento, CA. The Tower
Drawbridge navigation span provides a vertical clearance of 30 feet
above Mean High Water in the closed-to-navigation position. The draw
opens on signal from May 1 through October 31 from 6 a.m. to 10 p.m.
and from November 1 through April 30 from 9 a.m. to 5 p.m. At all other
times the draw shall open on signal if at least four hours notice is
given, as required by 33 CFR 117.189(a). Navigation on the waterway is
commercial and recreational.
The drawspan will be secured in the closed-to-navigation position
from 9:30 a.m. to 10:30 a.m. on September 9, 2012 to allow the
community to participate in the Fleet Feet Event, Run To Remember 10K.
This temporary deviation has been coordinated with waterway users.
There are no scheduled river boat cruises or anticipated levee
maintenance during this deviation period. 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 the event of an emergency the drawspan can be opened with
15 minutes advance notice.
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: July 17, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2012-18342 Filed 7-26-12; 8:45 am]
BILLING CODE 9110-04-P
