Drawbridge Operation Regulation; North Landing River, Chesapeake, VA, 65548-65549 [2016-22916]

Download as PDF 65548 § 117.313 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations New River. * * * * (c) The following requirements apply to the Florida East Coast Railway Railroad Bridge across the New River, mile 2.5, at Fort Lauderdale, FL: (1) The bridge shall be constantly tended. (2) The bridge tender will utilize a VHF–FM radio to communicate on channels 9 and 16 and may be contacted by telephone at 305–889–5572. (3) Signs will be posted displaying VHF radio contact information and telephone numbers for the bridge tender and dispatch. A countdown clock giving notice of time remaining before bridge closure shall remain at the bridge site and must be visible for maritime traffic. (4) A bridge log will be maintained including, at a minimum, bridge opening and closing times. (5) When the draw is in the fully open position, green lights will be displayed to indicate that vessels may pass. (6) When a train approaches, the lights go to flashing red then the draw lowers and locks. (7) After the train has cleared the bridge, the draw opens and the lights return to green. (8) The bridge shall not be closed more than 60 minutes combined for any 120 minute time period beginning at 12:01 a.m. each day. (9) The bridge shall remain open to maritime traffic when trains are not crossing. (d) [Reserved] (e) The draw of the Marshal (Seventh Avenue) bridge, mile 2.7 at Fort Lauderdale shall open on signal; except that, from 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal holidays, the draw need not open. Public vessels of the United States, tugs with tows, and vessels in distress shall be passed at any time. Dated: August 22, 2016. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2016–22915 Filed 9–22–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY rmajette on DSK2TPTVN1PROD with RULES Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0181] Drawbridge Operation Regulation; North Landing River, Chesapeake, VA AGENCY: Coast Guard, DHS. VerDate Sep<11>2014 15:10 Sep 22, 2016 Notice of temporary deviation from drawbridge regulation; modification. ACTION: * Jkt 238001 The Coast Guard has modified a temporary deviation from the operating schedule that governs the S165 (North Landing Road) Bridge across the North Landing River, mile 20.2, at Chesapeake, VA. This modified deviation is necessary to perform emergency bridge repairs and provide for safe navigation. This modified deviation allows the bridge to remain in the closed-to-navigation position. DATES: This deviation is effective from 6 p.m. on September 30, 2016, through 4 p.m. on October 14, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–0181] 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. Hal R. Pitts, Bridge Administration Branch Fifth District, Coast Guard, telephone 757– 398–6222, email Hal.R.Pitts@uscg.mil. SUPPLEMENTARY INFORMATION: On March 11, 2016, the Coast Guard published a temporary deviation entitled ‘‘Drawbridge Operation Regulation; North Landing River, Chesapeake, VA’’ in the Federal Register (81 FR 12824); on April 8, 2016, the Coast Guard published a modified temporary deviation entitled ‘‘Drawbridge Operation Regulation; North Landing River, Chesapeake, VA’’ in the Federal Register (81 FR 20529); and on June 29, 2016, the Coast Guard published a modified temporary deviation entitled ‘‘Drawbridge Operation Regulation; North Landing River, Chesapeake, VA’’ in the Federal Register (81 FR 42248). These documents were necessary to authorize a temporary deviation from the operating regulations to perform repairs to the south swing span of the bridge due to damage sustained as a result of a vessel allision with the bridge that occurred on March 1, 2016. The United States Army Corps of Engineers, Norfolk District Office, who owns and operates the S165 (North Landing Road) Bridge, has requested a modified temporary deviation from the current operating regulations to perform repairs to the south swing span of the bridge, following receipt of replacement parts scheduled to arrive in the first week of October 2016. The modified temporary deviation request is necessary to receive the replacement parts in the first week SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 of October 2016 and allow for sufficient time to complete repairs to the bridge. The current operating scheduled is set out in 33 CFR 117.1021. Under this modified temporary deviation, the north span of the bridge will open-tonavigation on the hour and half hour, upon request, from 6 a.m. to 7 p.m., and on demand from 7 p.m. to 6 a.m. The north and south spans of the bridge will open to navigation concurrently, with the south span only opening partially due to damage, upon request, for: (1) Scheduled openings at 9:30 a.m. for vessels transiting southeast, (2) 10:30 a.m. for vessels transiting northwest, and (3) at noon and 2 p.m. for two-way vessel traffic through the bridge, Monday through Friday, from Friday, September 30, 2016, through Monday, October 10, 2016. The north and south spans of the bridge will open to navigation concurrently, with the south span only opening partially due to damage, upon request, for: (1) Scheduled openings at 9:30 a.m. for vessels transiting southeast and (2) 10:30 a.m. for vessels transiting northwest, Saturday and Sunday, from Saturday, October 1, 2016, through Sunday, October 9, 2016. The north and south spans of the bridge will open to navigation concurrently, with the south span only opening partially due to damage, for additional on demand openings from October 4, 2016, through October 10, 2016, if 48 hours notice is given. The south span of the bridge will be closed-to-navigation during bridge repair from 9 a.m., October 11, 2016, through 4 p.m., October 14, 2016. The horizontal clearance of the bridge with the south span closed-to-navigation is 38 feet and the horizontal clearance of the bridge with the south span partially open-to-navigation is 70 feet. The modified temporary deviation is necessary to relieve vessel congestion and provide for safe navigation on the waterway. The bridge is a double swing draw bridge and has a vertical clearance in the closed position of 6 feet above mean high water. The North Landing River is used by a variety of vessels including small U. S. government and public vessels, small commercial vessels, tug and barge, and recreational vessels. The Coast Guard has carefully considered the nature and volume of vessel traffic on the waterway in publishing this temporary deviation. During the closure times there will be limited opportunity for vessels which are able to safely pass through the bridge in the closed position to do so. Vessels able to safely pass through the bridge in the closed position may do so, after receiving confirmation from the bridge tender that it is safe to transit E:\FR\FM\23SER1.SGM 23SER1 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations through the bridge. The north span of the bridge will be able to open for emergencies. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transit to minimize any impact caused by the modified 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 effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: September 19, 2016. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2016–22916 Filed 9–22–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0451] RIN 1625–AA00 Safety Zone; South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL Coast Guard, DHS. Temporary Final Rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the South Branch of the Chicago River and the Chicago Sanitary and Ship Canal. This action is necessary to protect spectators, participants, and vessels from the hazards associated with the Tough Cup event on these navigable waters in Chicago, IL, on September 24, 2016. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Lake Michigan or a designated representative. DATES: This rule is effective from 6:30 a.m. to 1 p.m. on September 24, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0451 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 15:10 Sep 22, 2016 Jkt 238001 email LT Lindsay Cook, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986–2155, email Lindsay.N.Cook@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History On December 27, 2015, the Coast Guard received an Application for Marine Event for the Tough Cup event that will be held from 6:30 a.m. to 1 p.m. on September 24, 2016, on the South Branch of the Chicago River and the Chicago Sanitary and Ship Canal between the Illinois Northern Bridge and the Loomis Street Highway Bridge. In response, on July 1, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Safety Zone; South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL’’ (81 FR 43178). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this event. During the comment period that ended July 31, 2016, we received two comments. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. To provide an opportunity for comment, as opposed to not issuing an NPRM, we issued the NPRM knowing it would be impracticable not to make a final rule effective less than 30 days after it is published. Delaying the effective date of this rule to wait for a comment period to run would be impracticable because it would inhibit the ability to protect the public and vessels from the hazards associated with a race involving personal watercraft to take place on September 24, 2016. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Lake Michigan (COTP) has determined that the potential hazards associated with vessels transiting through a narrow and congested section of the river during the Tough Cup event will pose concerns for all vessels navigating in the area. The purpose of this rule is to ensure the safety of spectators, vessels participating PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 65549 in the event and all vessels operating in the vicinity of the scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received two comments on our NPRM published July 1, 2016. One comment stated concerns with the notification to the public being sufficient for the proposed rule. The Coast Guard has provided notice required by the Administrative Procedures Act (5 U.S.C. 553) and will also provide notification by issuing a Broadcast Notice to Mariners via VHF– FM marine channel 16. To further address the concern of sufficient notification, the Coast Guard will include a notification in the Local Notice to Mariners publication. The second comment received was supportive of the event and related waterway restriction. There is one change in the regulatory text of this rule from the proposed rule in the NPRM to include the additional notification in the Local Notice to Mariners publication. This rule establishes a safety zone from 6:30 a.m. to 1 p.m. on September 24, 2016. The safety zone will cover all navigable waters on the South Branch of the Chicago River and the Chicago Sanitary and Ship Canal between the Illinois Northern Bridge and the Loomis Street Highway Bridge in Chicago, IL. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled Tough Cup event. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed E:\FR\FM\23SER1.SGM 23SER1

Agencies

[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65548-65549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22916]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0181]


Drawbridge Operation Regulation; North Landing River, Chesapeake, 
VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from drawbridge regulation; 
modification.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has modified a temporary deviation from the 
operating schedule that governs the S165 (North Landing Road) Bridge 
across the North Landing River, mile 20.2, at Chesapeake, VA. This 
modified deviation is necessary to perform emergency bridge repairs and 
provide for safe navigation. This modified deviation allows the bridge 
to remain in the closed-to-navigation position.

DATES: This deviation is effective from 6 p.m. on September 30, 2016, 
through 4 p.m. on October 14, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0181] 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. Hal R. Pitts, Bridge 
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6222, email Hal.R.Pitts@uscg.mil.

SUPPLEMENTARY INFORMATION: On March 11, 2016, the Coast Guard published 
a temporary deviation entitled ``Drawbridge Operation Regulation; North 
Landing River, Chesapeake, VA'' in the Federal Register (81 FR 12824); 
on April 8, 2016, the Coast Guard published a modified temporary 
deviation entitled ``Drawbridge Operation Regulation; North Landing 
River, Chesapeake, VA'' in the Federal Register (81 FR 20529); and on 
June 29, 2016, the Coast Guard published a modified temporary deviation 
entitled ``Drawbridge Operation Regulation; North Landing River, 
Chesapeake, VA'' in the Federal Register (81 FR 42248). These documents 
were necessary to authorize a temporary deviation from the operating 
regulations to perform repairs to the south swing span of the bridge 
due to damage sustained as a result of a vessel allision with the 
bridge that occurred on March 1, 2016. The United States Army Corps of 
Engineers, Norfolk District Office, who owns and operates the S165 
(North Landing Road) Bridge, has requested a modified temporary 
deviation from the current operating regulations to perform repairs to 
the south swing span of the bridge, following receipt of replacement 
parts scheduled to arrive in the first week of October 2016. The 
modified temporary deviation request is necessary to receive the 
replacement parts in the first week of October 2016 and allow for 
sufficient time to complete repairs to the bridge.
    The current operating scheduled is set out in 33 CFR 117.1021. 
Under this modified temporary deviation, the north span of the bridge 
will open-to-navigation on the hour and half hour, upon request, from 6 
a.m. to 7 p.m., and on demand from 7 p.m. to 6 a.m. The north and south 
spans of the bridge will open to navigation concurrently, with the 
south span only opening partially due to damage, upon request, for: (1) 
Scheduled openings at 9:30 a.m. for vessels transiting southeast, (2) 
10:30 a.m. for vessels transiting northwest, and (3) at noon and 2 p.m. 
for two-way vessel traffic through the bridge, Monday through Friday, 
from Friday, September 30, 2016, through Monday, October 10, 2016. The 
north and south spans of the bridge will open to navigation 
concurrently, with the south span only opening partially due to damage, 
upon request, for: (1) Scheduled openings at 9:30 a.m. for vessels 
transiting southeast and (2) 10:30 a.m. for vessels transiting 
northwest, Saturday and Sunday, from Saturday, October 1, 2016, through 
Sunday, October 9, 2016. The north and south spans of the bridge will 
open to navigation concurrently, with the south span only opening 
partially due to damage, for additional on demand openings from October 
4, 2016, through October 10, 2016, if 48 hours notice is given. The 
south span of the bridge will be closed-to-navigation during bridge 
repair from 9 a.m., October 11, 2016, through 4 p.m., October 14, 2016. 
The horizontal clearance of the bridge with the south span closed-to-
navigation is 38 feet and the horizontal clearance of the bridge with 
the south span partially open-to-navigation is 70 feet. The modified 
temporary deviation is necessary to relieve vessel congestion and 
provide for safe navigation on the waterway. The bridge is a double 
swing draw bridge and has a vertical clearance in the closed position 
of 6 feet above mean high water.
    The North Landing River is used by a variety of vessels including 
small U. S. government and public vessels, small commercial vessels, 
tug and barge, and recreational vessels. The Coast Guard has carefully 
considered the nature and volume of vessel traffic on the waterway in 
publishing this temporary deviation.
    During the closure times there will be limited opportunity for 
vessels which are able to safely pass through the bridge in the closed 
position to do so. Vessels able to safely pass through the bridge in 
the closed position may do so, after receiving confirmation from the 
bridge tender that it is safe to transit

[[Page 65549]]

through the bridge. The north span of the bridge will be able to open 
for emergencies. The Coast Guard will also inform the users of the 
waterways through our Local and Broadcast Notices to Mariners of the 
change in operating schedule for the bridge so that vessel operators 
can arrange their transit to minimize any impact caused by the modified 
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 effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

    Dated: September 19, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2016-22916 Filed 9-22-16; 8:45 am]
 BILLING CODE 9110-04-P