Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA, 50320-50321 [2016-18080]

Download as PDF sradovich on DSK3GMQ082PROD with RULES 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. VerDate Sep<11>2014 17:30 Jul 29, 2016 Jkt 238001 (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: PO 00000 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 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. 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 E:\FR\FM\01AUR1.SGM 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. sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 17:30 Jul 29, 2016 Jkt 238001 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. PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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]


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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.

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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 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.

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