Drawbridge Operation Regulation; Tombigbee River, AL, 36653-36654 [2013-14547]

Download as PDF tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Rules and Regulations request. The Legal Counsel or designee, or the Assistant Legal Counsel, FOIA Programs, as appropriate, may extend the 20 business day period in which to render a decision on an appeal for that period of time which could have been claimed and used by the Assistant Legal Counsel, FOIA Programs, the District Director, or the District Director’s designee under § 1610.9, but which was not in fact used in making the original determination. (c) The decision on appeal shall be in writing and signed by the Legal Counsel or designee, or the Assistant Legal Counsel, FOIA Programs, as appropriate. A denial in whole or in part of a request on appeal shall set forth the exemption relied on, a brief explanation of how the exemption applies to the records withheld, and the reasons for asserting it, if different from those described by the Assistant Legal Counsel, FOIA Programs, the District Director, or the District Director’s designee under § 1610.9. The decision on appeal shall indicate that the person making the request may, if dissatisfied with the decision, file a civil action in the United States District Court for the district in which the person resides or has his principal place of business, for the district where the records reside, or for the District of Columbia. (d) No personal appearance, oral argument or hearing will ordinarily be permitted in connection with an appeal to the Legal Counsel or the Assistant Legal Counsel, FOIA Programs. (e) On appeal, the Legal Counsel or designee, or the Assistant Legal Counsel, FOIA Programs, as appropriate, may reduce any fees previously assessed. (f) In the event that the Commission terminates its proceedings on a charge after the District Director or the District Director’s designee denies a request, in whole or in part, for the charge file but during consideration of the requester’s appeal from that denial, the request may be remanded for redetermination. The requester retains a right to appeal to the Assistant Legal Counsel, FOIA Programs, from the decision on remand. (g) A response to an appeal will advise the requester that the 2007 amendments to FOIA created the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. A requester may contact OGIS in any of the following ways: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road— OGIS, College Park, MD 20740; https:// VerDate Mar<15>2010 16:08 Jun 18, 2013 Jkt 229001 ogis.archives.gov; email— ogis@nara.gov; telephone—202–741– 5770; facsimile—202–741–5769; tollfree—1–877–684–6448. ■ 11. Revise § 1610.13 to read as follows: § 1610.13 Maintenance of files. paragraph (b)(3) as paragraph (b)(2), and removing the word ‘‘working’’ in the first sentence of paragraph (d) and the third sentence of paragraph (e)(1) and add in its place the word ‘‘business’’. § 1610.20 [Removed and Reserved] 16. Remove and reserve § 1610.20. 17. Revise § 1610.21 to read as follows: ■ The Legal Counsel or designee, the Assistant Legal Counsel, FOIA Programs, and the District Directors or designees shall maintain files containing all material required to be retained by or furnished to them under this subpart. The material shall be filed by individual request. ■ 12. Amend § 1610.14 by revising paragraph (a) to read as follows: § 1610.14 36653 Waiver of user charges. (a) Except as provided in paragraph (b) of this section, the Legal Counsel or designee, the Assistant Legal Counsel, FOIA Programs, and the District Directors or designees shall assess fees where applicable in accordance with § 1610.15 for search, review, and duplication of records requested. They shall also have authority to furnish documents without any charge or at a reduced charge if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. * * * * * ■ 13. Amend § 1610.15 by adding paragraph (g) to read as follows: ■ § 1610.21 Annual report. (a) The Legal Counsel shall, on or before February 1, submit individual Freedom of Information Act reports for each principal agency FOIA component and one for the entire agency covering the preceding fiscal year to the Attorney General of the United States. The reports shall include those matters required by 5 U.S.C. 552(e), and shall be made available electronically on the agency Web site. (b) When and as directed by the Attorney General, the Chief FOIA Officer, through the Office of the Chair, shall review and report to the Attorney General on the agency’s performance in implementing its responsibilities under FOIA. [FR Doc. 2013–14489 Filed 6–18–13; 8:45 am] BILLING CODE 6570–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 § 1610.15 Schedule of fees and method of payment for services rendered. [Docket No. USCG–2013–0441] * Drawbridge Operation Regulation; Tombigbee River, AL * * * * (g) A search fee will not be charged to requesters specified in paragraphs (a)(1) and (a)(3) of this section, and a duplication fee will not be charged to requesters specified in paragraph (a)(2) of this section, if the Commission issues an untimely determination and the untimeliness is not due to unusual or exceptional circumstances. ■ 14. Amend § 1610.18 by revising the introductory text and adding paragraph (h) to read as follows: § 1610.18 Information to be disclosed. The Commission will provide the following information to the public. This information will also be made available electronically: * * * * * (h) Underlying annual FOIA report data. § 1610.19 [Amended] 15. Amend § 1610.19 by removing paragraph (b)(2), redesignating ■ PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: SUMMARY: The Coast Guard has issued a temporary deviation from the regulation governing the operation of the Meridian Bigbee Railroad (MBRR) vertical lift bridge across the Tombigbee River, mile 128.6, near Naheola, between Choctaw and Morengo Counties, Alabama. The deviation is necessary for emergency replacement of the uphaul and downhaul ropes. This deviation allows the bridge to remain closed to navigation for two 10-hour closures on two consecutive weekends. DATES: This deviation is effective from 7 a.m. July 13, 2013 through 5 p.m. July 21, 2013. ADDRESSES: The docket for this deviation, [USCG–2013–0441] is available at http://www.regulations.gov. E:\FR\FM\19JNR1.SGM 19JNR1 tkelley on DSK3SPTVN1PROD with RULES 36654 Federal Register / Vol. 78, No. 118 / Wednesday, June 19, 2013 / Rules and Regulations Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 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 deviation, call or email Jim Wetherington, Bridge Branch Office, Coast Guard; telephone 504–671–2128, email james.r.wetherington@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The MBRR has requested a temporary deviation from the operating schedule for the Meridian Bigbee vertical lift bridge across the Tombigbee River, mile 128.6, near Naheola, between Choctaw and Morengo Counties, Alabama. The bridge has a vertical clearance of 12 feet above ordinary high water at an elevation of 58 ft (NGVD 29) in the closed-to-navigation position. Vessels requiring a clearance of less than 12 feet above ordinary high water may transit beneath the bridge during maintenance operations. In accordance with Title 33 CFR 117.5, the bridge must open promptly and fully for the passage of vessels when requested or signaled to open. This deviation will allow the bridge to remain closed to marine traffic on July 13–14, 2013 from 7 a.m. through 5 p.m. each day and July 20–21 from 7 a.m. through 5 p.m. each day. At all other times, the bridge will operate in accordance with Title 33 CFR 117.5. The closure is necessary for the replacement of the uphaul and downhaul ropes. Problems were discovered after an incident in which a cable ceased to function. An inspection of the other ropes revealed issues that must be quickly addressed. Notices will be published in the Eighth Coast Guard District Local Notice to Mariners and will be broadcast via the Coast Guard Broadcast Notice to Mariners System. Navigation on the waterway consists of tugs with and without tows, commercial vessels, and recreational craft. Coordination between the Coast Guard and the waterway users determined that there should not be any significant effects on these vessels. The bridge will be unable to open during these repairs and no alternate route is VerDate Mar<15>2010 16:08 Jun 18, 2013 Jkt 229001 available. Vessels that do not require an opening may pass with extreme caution. 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: June 6, 2013. David M. Frank, Bridge Administrator. [FR Doc. 2013–14547 Filed 6–18–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2013–0475] Drawbridge Operation Regulation; Neches River, Beaumont, TX Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: SUMMARY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Kansas City Southern vertical lift span bridge across the Neches River, mile 19.5, at Beaumont, Texas. The deviation is necessary to replace the north vertical lift joints on the bridge. This deviation allows the bridge to remain closed to navigation for twelve consecutive hours. DATES: This deviation is effective from 6 a.m. through 6 p.m. on Thursday, July 11, 2013. ADDRESSES: The docket for this deviation, [USCG–2013–0475] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 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 deviation, call or email Kay Wade, Bridge Administration Branch, Coast Guard; telephone 504–671–2128, email Kay.B.Wade@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366– 9826. PO 00000 Frm 00010 Fmt 4700 Sfmt 9990 The Kansas City Southern Railroad has requested a temporary deviation from the operating schedule of the vertical lift span bridge across the Neches River at mile 19.5 in Beaumont, Texas. The vertical clearance of the bridge in the closed-to-navigation position is 13 feet above Mean High Water and 140 feet above Mean High Water in the open-tonavigation position. In accordance with 33 CFR 117.971, the vertical lift span of the bridge is automated and normally not manned but will open on signal for the passage of vessels. This deviation allows the vertical lift span of the bridge to remain closed to navigation from 6 a.m. to 6 p.m. on Thursday, July 11, 2013. The closure is necessary in order to replace the north vertical lift joints on the bridge, which allow the bridge to be raised. This maintenance is essential for the continued operation of the bridge. Notices will be published in the Eighth Coast Guard District Local Notice to Mariners and will be broadcast via the Coast Guard Broadcast Notice to Mariners System. Navigation on the waterway consists of commercial and recreational fishing vessels, small to medium crew boats, and small tugs with and without tows. No alternate routes are available for the passage of vessels; however, the closure was coordinated with waterway interests who have indicated that they will be able to adjust their operations around the proposed work schedule. Small vessels may pass under the bridge while in the closed-to-navigation position provided caution is exercised. The bridge will be able to open manually in the event of an emergency, but it will take about one hour to do so. Due to prior experience and coordination with waterway users, it has been determined that this closure will not have a significant effect on vessels that use the waterway. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: Dated: June 6, 2013. David M. Frank, Bridge Administrator. [FR Doc. 2013–14551 Filed 6–18–13; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\19JNR1.SGM 19JNR1

Agencies

[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Rules and Regulations]
[Pages 36653-36654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14547]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0441]


Drawbridge Operation Regulation; Tombigbee River, AL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the 
regulation governing the operation of the Meridian Bigbee Railroad 
(MBRR) vertical lift bridge across the Tombigbee River, mile 128.6, 
near Naheola, between Choctaw and Morengo Counties, Alabama. The 
deviation is necessary for emergency replacement of the uphaul and 
downhaul ropes. This deviation allows the bridge to remain closed to 
navigation for two 10-hour closures on two consecutive weekends.

DATES: This deviation is effective from 7 a.m. July 13, 2013 through 5 
p.m. July 21, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0441] is available 
at http://www.regulations.gov.

[[Page 36654]]

Type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on Open Docket Folder on the line associated with this deviation. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
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 deviation, call or email Jim Wetherington, Bridge Branch 
Office, Coast Guard; telephone 504-671-2128, email 
james.r.wetherington@uscg.mil. If you have questions on viewing the 
docket, call Barbara Hairston, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: The MBRR has requested a temporary deviation 
from the operating schedule for the Meridian Bigbee vertical lift 
bridge across the Tombigbee River, mile 128.6, near Naheola, between 
Choctaw and Morengo Counties, Alabama. The bridge has a vertical 
clearance of 12 feet above ordinary high water at an elevation of 58 ft 
(NGVD 29) in the closed-to-navigation position. Vessels requiring a 
clearance of less than 12 feet above ordinary high water may transit 
beneath the bridge during maintenance operations.
    In accordance with Title 33 CFR 117.5, the bridge must open 
promptly and fully for the passage of vessels when requested or 
signaled to open. This deviation will allow the bridge to remain closed 
to marine traffic on July 13-14, 2013 from 7 a.m. through 5 p.m. each 
day and July 20-21 from 7 a.m. through 5 p.m. each day. At all other 
times, the bridge will operate in accordance with Title 33 CFR 117.5.
    The closure is necessary for the replacement of the uphaul and 
downhaul ropes. Problems were discovered after an incident in which a 
cable ceased to function. An inspection of the other ropes revealed 
issues that must be quickly addressed. Notices will be published in the 
Eighth Coast Guard District Local Notice to Mariners and will be 
broadcast via the Coast Guard Broadcast Notice to Mariners System.
    Navigation on the waterway consists of tugs with and without tows, 
commercial vessels, and recreational craft. Coordination between the 
Coast Guard and the waterway users determined that there should not be 
any significant effects on these vessels. The bridge will be unable to 
open during these repairs and no alternate route is available. Vessels 
that do not require an opening may pass with extreme caution.
    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: June 6, 2013.
David M. Frank,
Bridge Administrator.
[FR Doc. 2013-14547 Filed 6-18-13; 8:45 am]
BILLING CODE 9110-04-P