Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA, 50320-50321 [2016-18080]
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50320
Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
Under the provisions of 33 CFR
100.1301, the Coast Guard will restrict
general navigation in the following area:
All waters of Lake Washington bounded
by the Interstate 90 (Mercer Island/
Lacey V. Murrow) Bridge, the western
shore of Lake Washington, and the east/
west line drawn tangent to Bailey
Peninsula and along the shoreline of
Mercer Island.
The regulated area has been divided
into two zones. The zones are separated
by a line perpendicular from the I–90
Bridge to the northwest corner of the
East log boom and a line extending from
the southeast corner of the East log
boom to the southeast corner of the
hydroplane race course and then to the
northerly tip of Ohlers Island in
Andrews Bay. The western zone is
designated Zone I, the eastern zone,
Zone II. (Refer to NOAA Chart 18447).
The Coast Guard will maintain a
patrol consisting of Coast Guard vessels,
assisted by Coast Guard Auxiliary
vessels, in Zone II. The Coast Guard
patrol of this area is under the direction
of the Coast Guard Patrol Commander
(the ‘‘Patrol Commander’’). The Patrol
Commander is empowered to control
the movement of vessels on the
racecourse and in the adjoining waters
during the periods this regulation is in
effect. The Patrol Commander may be
assisted by other federal, state and local
law enforcement agencies.
Only vessels authorized by the Patrol
Commander may be allowed to enter
Zone I during the hours this regulation
is in effect. Vessels in the vicinity of
Zone I shall maneuver and anchor as
directed by the Patrol Commander.
During the times in which the
regulation is in effect, the following
rules shall apply:
(1) Swimming, wading, or otherwise
entering the water in Zone I by any
person is prohibited while hydroplane
boats are on the racecourse. At other
times in Zone I, any person entering the
water from the shoreline shall remain
west of the swim line, denoted by
buoys, and any person entering the
water from the log boom shall remain
within ten (10) feet of the log boom.
(2) Any person swimming or
otherwise entering the water in Zone II
shall remain within ten (10) feet of a
vessel.
(3) Rafting to a log boom will be
limited to groups of three vessels.
(4) Up to six (6) vessels may raft
together in Zone II if none of the vessels
are secured to a log boom. Only vessels
authorized by the Patrol Commander,
other law enforcement agencies or event
sponsors shall be permitted to tow other
watercraft or inflatable devices.
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(5) Vessels proceeding in either Zone
I or Zone II during the hours this
regulation is in effect shall do so only
at speeds which will create minimum
wake, seven (07) miles per hour or less.
This maximum speed may be reduced at
the discretion of the Patrol Commander.
(6) Upon completion of the daily
racing activities, all vessels leaving
either Zone I or Zone II shall proceed at
speeds of seven (07) miles per hour or
less. The maximum speed may be
reduced at the discretion of the Patrol
Commander.
(7) A succession of sharp, short
signals by whistle or horn from vessels
patrolling the areas under the direction
of the Patrol Commander shall serve as
signal to stop. Vessels signaled shall
stop and shall comply with the orders
of the patrol vessel; failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
The Captain of the Port may be
assisted by other federal, state and local
law enforcement agencies in enforcing
this regulation.
This notice is issued under authority
of 33 CFR 100.1301 and 5 U.S.C. 552(a).
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: July 20, 2016.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2016–18127 Filed 7–29–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0635]
Drawbridge Operation Regulation;
Lake Washington Ship Canal, Seattle,
WA
Coast Guard, DHS.
Notice of temporary deviation
from regulation; modification.
AGENCY:
ACTION:
The Coast Guard has modified
a temporary deviation from the
operating schedule that governs Seattle
Department of Transportation’s (SDOT)
Fremont Bridge, across the Lake
Washington Ship Canal, mile 2.6, at
Seattle, WA. The modified deviation is
necessary to accommodate heavy
pedestrian and cycling traffic across the
SUMMARY:
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Frm 00038
Fmt 4700
Sfmt 4700
bridge during the ‘Fun Ride’ event and
Lake Union 10K Run event. This
modified deviation allows the bridge to
remain in the closed-to-navigation
position and need not open to maritime
traffic.
DATES: This deviation is effective from
7:30 a.m. to 8:30 a.m. and 10:30 a.m. to
12:30 p.m. on August 14, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0635] is
available at https://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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: On July
15, 2016, the Coast Guard published a
temporary deviation entitled
‘‘Drawbridge Operation Regulation;
Lake Washington Ship Canal, Seattle,
WA’’ in the Federal Register (81 FR
45971). This document was necessary
for Seattle Department of Transportation
(SDOT) to temporarily deviate from the
operating schedule for the Fremont
Bridge, mile 2.6, crossing the Lake
Washington Ship Canal at Seattle, WA.
This modification adds an additional
closure hour on August 14, 2016 for
these events. The deviation is necessary
to accommodate heavy pedestrian and
cycling traffic across the bridge during
the ‘Fun Ride’ event and Lake Union
10K Run event. To facilitate these
events, the double bascule draw of the
bridge will not open for vessel traffic
during the effective date and times. The
Fremont Bridge provides a vertical
clearance of 14 feet (31 feet of vertical
clearance for the center 36 horizontal
feet) in the close-to-navigation position.
The clearance is referenced to the mean
water elevation of Lake Washington.
The normal operating schedule for the
Fremont Bridge is found at 33 CFR
117.1051. Waterway usage on the Lake
Washington Ship Canal ranges from
commercial tug and barge to small
pleasure craft. No early Sunday morning
bridge opening requests have been
received during August for the Fremont
Bridge in the last five years.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at anytime. The
bridge will be able to open for
emergencies, and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterways through our Local and
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01AUR1
Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
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 26, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2016–18080 Filed 7–29–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 36
RIN 1801–AA16
[Docket ID ED–2015–OGC–0051]
Adjustment of Civil Monetary Penalties
for Inflation
Department of Education.
Interim final regulations.
AGENCY:
ACTION:
The Department of Education
(Department) issues these interim final
regulations to adjust the Department’s
civil monetary penalties (CMPs) for
inflation, as required by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act), which further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act).
DATES: These regulations are effective
August 1, 2016. In this rule, the adjusted
civil penalty amounts are applicable
only to civil penalties assessed after
August 1, 2016, whose associated
violations occurred after November 2,
2015, the date of enactment of the 2015
Amendments. Therefore, violations
occurring on or before November 2,
2015, and assessments made prior to
August 1, 2016 whose associated
violations occurred after November 2,
2015, will continue to be subject to the
civil monetary penalty amounts set forth
in the Department’s existing regulations
at 34 CFR 36.2 (or as set forth by statute
if the amount has not yet been adjusted
by regulation).
FOR FURTHER INFORMATION CONTACT:
Levon Schlichter, U.S. Department of
Education, Office of the General
Counsel, 400 Maryland Avenue SW.,
Room 6E235, Washington, DC 20202–
2241. Telephone: (202) 453–6387 or by
email: levon.schlichter@ed.gov.
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SUMMARY:
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If you use a telecommunications
device for the deaf or a text telephone,
call the Federal Relay Service, toll free,
at 1–800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or compact disc) on request
to the contact person listed in this
section.
SUPPLEMENTARY INFORMATION:
Background: The Federal Civil
Penalties Inflation Adjustment Act of
1990 (Inflation Adjustment Act) (28
U.S.C. 2461 note) provides for the
regular evaluation of civil monetary
penalties (CMPs) to ensure that they
continue to maintain their deterrent
value. The Inflation Adjustment Act
required that each agency issue
regulations to adjust its CMPs beginning
in 1996 and at least every four years
thereafter. The Department published its
most recent cost adjustment to each
CMP in the Federal Register on October
2, 2012 (77 FR 60047), and those
adjustments became effective on the
date of publication.
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act) (section 701 of Pub. L. 114–74),
which further amended the Inflation
Adjustment Act, to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
The 2015 Act requires agencies to: (1)
Adjust the level of civil monetary
penalties with an initial ‘‘catch-up’’
adjustment through an interim final
rulemaking (IFR); and (2) make
subsequent annual adjustments for
inflation. Catch-up adjustments are
based on the percent change between
the Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October in the year the penalty was last
adjusted by a statute other than the
Inflation Adjustment Act, and the
October 2015 CPI–U. Annual inflation
adjustments are based on the percent
change between the October CPI–U
preceding the date of each statutory
adjustment, and the prior year’s October
CPI–U.1
The Department is required to publish
an IFR with the initial penalty
adjustment amounts by July 1, 2016,
and the new penalty levels must take
effect no later than August 1, 2016.
These adjustments will apply to all civil
monetary penalties covered by the
Inflation Adjustment Act.
1 If a statute that created a penalty is amended to
change the penalty amount, the Department does
not adjust the penalty in the year following the
adjustment.
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50321
A CMP is defined in the statute as any
penalty, fine, or other sanction that is
(1) for a specific monetary amount as
provided by Federal law, or has a
maximum amount provided for by
Federal law; (2) assessed or enforced by
an agency pursuant to Federal law; and
(3) assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
The formula for the amount of a CMP
inflation adjustment is prescribed by
law, as explained in OMB Memorandum
M–16–06 (February 24, 2016), and is not
subject to the exercise of discretion by
the Secretary of Education (Secretary).
Under the 2015 Act, the Department
must use, as the baseline for adjusting
the CMPs in this IFR, the CMP amounts
as they were most recently established
or adjusted under a provision of law
other than by the Inflation Adjustment
Act. In accordance with the 2015 Act,
we are not using the amounts set out in
34 CFR part 36 in 2012 in the formula
used to adjust for inflation because
those CMP amounts were updated
pursuant to the Inflation Adjustment
Act.2 Instead, the baselines we are using
are the amounts set out most recently in
each of the statutes that provide for civil
penalties. Using these statutory CMPs,
we have determined which year those
amounts were originally enacted by
Congress (or the year the statutory
amounts were last amended by the
statute that established the penalty) and
used the annual inflation adjustment
multiplier corresponding to that year
from Table A of OMB Memorandum M–
16–06. We then rounded the number to
the nearest dollar and checked, as
required by the Inflation Adjustment
Act, to see if that adjusted amount
exceeded 150 percent of the CMP
amount that was established under 34
CFR part 36, and in effect on November
2, 2015. If any of the amounts exceeded
150 percent, we are required to use the
lesser amount (the 150 percent amount).
All of the adjusted amounts were less
than 150 percent so we did not have to
replace any of the amounts we
calculated using the multiplier from
Table A of OMB Memorandum M–16–
06 with the lesser amount.
2 As originally enacted, the Inflation Adjustment
Act limited the first increased adjustment, which
we made through regulation, to a maximum of 10
percent. This 10 percent limitation affected the
increase we last made in the 2012 rulemaking. In
the 2015 Act, Congress determined that limiting the
first adjustments to 10 percent reduced the
effectiveness of the penalties, so the 2015 Act
requires us to use the statutory amounts as our
baseline.
E:\FR\FM\01AUR1.SGM
01AUR1
Agencies
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50320-50321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18080]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0635]
Drawbridge Operation Regulation; Lake Washington Ship Canal,
Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulation; modification.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has modified a temporary deviation from the
operating schedule that governs Seattle Department of Transportation's
(SDOT) Fremont Bridge, across the Lake Washington Ship Canal, mile 2.6,
at Seattle, WA. The modified deviation is necessary to accommodate
heavy pedestrian and cycling traffic across the bridge during the `Fun
Ride' event and Lake Union 10K Run event. This modified deviation
allows the bridge to remain in the closed-to-navigation position and
need not open to maritime traffic.
DATES: This deviation is effective from 7:30 a.m. to 8:30 a.m. and
10:30 a.m. to 12:30 p.m. on August 14, 2016.
ADDRESSES: The docket for this deviation, [USCG-2016-0635] is available
at https://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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone 206-220-7282,
email d13-pf-d13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: On July 15, 2016, the Coast Guard published
a temporary deviation entitled ``Drawbridge Operation Regulation; Lake
Washington Ship Canal, Seattle, WA'' in the Federal Register (81 FR
45971). This document was necessary for Seattle Department of
Transportation (SDOT) to temporarily deviate from the operating
schedule for the Fremont Bridge, mile 2.6, crossing the Lake Washington
Ship Canal at Seattle, WA. This modification adds an additional closure
hour on August 14, 2016 for these events. The deviation is necessary to
accommodate heavy pedestrian and cycling traffic across the bridge
during the `Fun Ride' event and Lake Union 10K Run event. To facilitate
these events, the double bascule draw of the bridge will not open for
vessel traffic during the effective date and times. The Fremont Bridge
provides a vertical clearance of 14 feet (31 feet of vertical clearance
for the center 36 horizontal feet) in the close-to-navigation position.
The clearance is referenced to the mean water elevation of Lake
Washington. The normal operating schedule for the Fremont Bridge is
found at 33 CFR 117.1051. Waterway usage on the Lake Washington Ship
Canal ranges from commercial tug and barge to small pleasure craft. No
early Sunday morning bridge opening requests have been received during
August for the Fremont Bridge in the last five years.
Vessels able to pass through the bridge in the closed-to-navigation
position may do so at anytime. The bridge will be able to open for
emergencies, and there is no immediate alternate route for vessels to
pass. The Coast Guard will also inform the users of the waterways
through our Local and
[[Page 50321]]
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviation.
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 26, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-18080 Filed 7-29-16; 8:45 am]
BILLING CODE 9110-04-P