Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA, 95040-95041 [2016-31058]
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
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§ 2201.11
[Amended]
11. Amend redesignated § 2201.11 by
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Web site’’ and adding, in their place, the
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■ 12. Add § 2201.12 to read as follows:
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[FR Doc. 2016–31133 Filed 12–23–16; 8:45 am]
BILLING CODE 7600–01–P
asabaliauskas on DSK3SPTVN1PROD with RULES
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0280]
Drawbridge Operation Regulation;
Chambers Creek, Steilacoom, WA
AGENCY:
Coast Guard, DHS.
VerDate Sep<11>2014
19:06 Dec 23, 2016
Jkt 241001
Notice of temporary deviation
from regulations; request for comments.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Chambers
Creek Burlington Northern Santa Fe
Railroad vertical lift railroad bridge
across Chambers Creek, mile 0.01, near
Steilacoom in Pierce County, WA. This
deviation will test a change to the
drawbridge operation schedule to
determine whether a permanent change
to the schedule is appropriate. This test
deviation will change the requirement
for a bridge operator, and modify the
existing regulation to add an advance
notification requirement for obtaining
bridge openings during designated
evening hours.
DATES: This deviation is effective from
Midnight (12:01) on December 28, 2016
to Midnight (11:59) on June 23, 2017.
Comments and related material must
reach the Coast Guard on or before June
15, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0280 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
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
Steven.M.Fischer3@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background, Purpose and Legal Basis
The Chambers Creek Burlington
Northern Santa Fe Railroad vertical lift
railroad bridge across Chambers Creek,
mile 0.01, near Steilacoom in Pierce
County, WA, has a vertical clearance of
10ft in the closed-to-navigation position,
and 50ft of vertical clearance in the
open-to-navigation position (reference
plane is MHW elevation of 12.2 feet).
The bridge currently operates under 33
CFR 117.5.
The bridge owner, Burlington
Northern Santa Fe Railroad, has
observed minimal to no usage of the
drawbridge between 10 p.m. and 6 a.m.,
and has requested to test this schedule
to see if it better balances the needs of
marine and rail traffic. The USCG
conducted a test deviation from July 1,
2016 to December 27, 2016. However,
only one bridge opening request was
received during that time, and a
quantitative ruling could not be made
PO 00000
Frm 00132
Fmt 4700
Sfmt 4700
from the lack of data. The following
facts support BNSF’s proposal: (1) over
the last 6 years only 2% of the subject
bridge lifts have occurred between the
hours of 10 p.m. and 6 a.m., which
equates to approximately 5 openings a
year, (2) from February 2009 to June
2015 there were 1932 total openings of
which only 40 occurred between the
hours of 10 p.m. and 6 a.m., and (3) the
navigation traffic consists primarily of
the tenants of Chambers Bay marina
(recreational users) that are members of
the Chambers Bay Boating Association.
The Coast Guard is publishing this
temporary deviation to test the proposed
schedule change to determine whether a
permanent change to the schedule is
appropriate to better balance the needs
of marine and rail traffic. Under this
temporary deviation, in effect from
Midnight (12:01) on December 28, 2016
to Midnight (11:59) on June 23, 2017,
the subject bridge shall open on signal,
except from 10 p.m. to 6 a.m. the draw
shall open on signal if at least 4 hours
notice is given. The bridge will be
required to open as soon a possible, no
later than 1 hour after notification, for
vessels engaged in emergency response.
The Coast Guard will inform the users
of the waterways of this temporary
deviation through our Local and
Broadcast Notices to Mariners and
through direct outreach with the
Chambers Creek Boating Association so
that vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation. Vessels able
to pass underneath the bridge in the
closed-to-navigation position may do so
at any time. 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.
II. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
E:\FR\FM\27DER1.SGM
27DER1
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions. We accept
anonymous comments. All comments
received will be posted without change
to https://www.regulations.gov and will
include any personal information you
have provided. For more about privacy
and the docket, you may review a
Privacy Act notice regarding the Federal
Docket Management System in the
March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this notice,
and all public comments, are in our
online docket at https://
www.regulations.gov and can be viewed
by following that Web site’s
instructions. Additionally, if you go to
the online docket, and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
Dated: December 19, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2016–31058 Filed 12–23–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0526; FRL–9957–39–
Region 4]
Air Plan Approval; KY; RACM
Determination for the KY Portion of the
Louisville Area 1997 Annual PM2.5
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Kentucky, through the Kentucky
Division for Air Quality (KDAQ) on
August 9, 2016, that addresses
reasonably available control measures
(RACM) for the Kentucky portion of the
Louisville, KY-IN, nonattainment area
for the 1997 Annual fine particulate
matter (PM2.5) National Ambient Air
Quality Standards (NAAQS) (hereinafter
referred to as the ‘‘bi-state Louisville
Area’’ or ‘‘Area’’).
DATES: This rule will be effective
January 26, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0526. All documents in the docket
are listed on the www.regulations.gov
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
19:06 Dec 23, 2016
Jkt 241001
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta,
Georgia 30303–8960. Ms. Sanchez can
be reached via telephone at (404) 562–
9644 and via electronic mail at
sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In 1997, EPA promulgated the first air
quality standards for PM2.5. EPA
promulgated an annual standard at a
level of 15 micrograms per cubic meter
(mg/m3) (based on a 3-year average of
annual mean PM2.5 concentrations) and
a 24-hour standard of 65 mg/m3 (based
on a 3-year average of the 98th
percentile of 24-hour concentrations).
See 62 FR 38652 (July 18, 1997). On
January 5, 2005 (70 FR 944), and
supplemented on April 14, 2005 (70 FR
19844), EPA designated the bi-state
Louisville Area as nonattainment for the
1997 Annual PM2.5 NAAQS. In that
action, EPA defined the bi-state
Louisville Area to include Bullitt and
Jefferson Counties in Kentucky as well
as Clark and Floyd Counties and a
portion of Jefferson County (Madison
Township) in Indiana. Designation of an
area as nonattainment for PM2.5 starts
the process for a state to develop and
submit to EPA a SIP revision under title
I, part D of the Clean Air Act (CAA or
Act). This SIP revision must include,
among other elements, a demonstration
of how the NAAQS will be attained in
PO 00000
Frm 00133
Fmt 4700
Sfmt 4700
95041
the nonattainment area as expeditiously
as practicable, but no later than the
attainment date required by the CAA.
Originally, EPA designated all 1997
PM2.5 NAAQS areas under title I, part D,
subpart 1 (hereinafter ‘‘Subpart 1’’).
Subpart 1, comprised of CAA sections
171–179B, sets forth the basic
nonattainment requirements applicable
to all nonattainment areas. Section
172(c) contains the general SIP
requirements for these areas, including
RACM requirements under section
172(c)(1). On April 25, 2007 (72 FR
20586), EPA promulgated a rule,
codified at 40 CFR part 51, subpart Z,
to implement the 1997 PM2.5 NAAQS
under Subpart 1 (hereinafter referred to
as the ‘‘1997 PM2.5 Implementation
Rule’’).1 On December 3, 2008,
Kentucky submitted an attainment
demonstration SIP revision for the Area
that addressed RACM and certain other
section 172(c) elements including a
reasonable further progress (RFP) plan,
base-year and attainment-year emissions
inventories, and contingency measures
for the Area. This SIP revision included
a section 172(c)(1) RACM determination
that there were no potential emissions
control measures that, if considered
collectively, would advance the
attainment date by one year or more.
In 2011, EPA determined that the bistate Louisville Area had attained the
1997 Annual PM2.5 NAAQS based upon
complete, quality-assured, and certified
ambient air monitoring data for the
2007–2009 period. See 76 FR 55544
(September 7, 2011); 40 CFR 52.929(b).
As a result of this determination and in
accordance with 40 CFR 51.1004(c), the
requirements for the Area to submit
attainment demonstrations and
associated RACM, RFP plans,
contingency measures, and other
planning SIP revisions related to
attainment of the 1997 Annual PM2.5
NAAQS are suspended for so long as:
The area is redesignated to attainment,
1 On January 4, 2013, in Natural Resources
Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.
2013), the United State Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) found
that EPA erred in implementing the 1997 PM2.5
NAAQS pursuant solely to the general
implementation provisions of Subpart 1 rather than
the particulate matter-specific provisions in title I,
part D, subpart 4. The court remanded both the
1997 PM2.5 Implementation Rule and the final rule
entitled ‘‘Implementation of the New Source
Review (NSR) Program for Particulate Matter Less
than 2.5 Micrometers (PM2.5)’’ (73 FR 28321, May
16, 2008) to EPA to address this error. In 2014, EPA
finalized a rule classifying areas previously
designated nonattainment for the 1997 and/or 2006
fine particle pollution standards under Subpart 1,
including the bi-state Louisville Area, as
‘‘Moderate’’ nonattainment areas under subpart 4
and setting deadlines for SIP submissions
addressing the requirements of subpart 4. See 79 FR
31566 (June 2, 2014) [hereinafter 2014 Rule].
E:\FR\FM\27DER1.SGM
27DER1
]]>Agencies
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 95040-95041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31058]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0280]
Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations; request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Chambers Creek Burlington Northern
Santa Fe Railroad vertical lift railroad bridge across Chambers Creek,
mile 0.01, near Steilacoom in Pierce County, WA. This deviation will
test a change to the drawbridge operation schedule to determine whether
a permanent change to the schedule is appropriate. This test deviation
will change the requirement for a bridge operator, and modify the
existing regulation to add an advance notification requirement for
obtaining bridge openings during designated evening hours.
DATES: This deviation is effective from Midnight (12:01) on December
28, 2016 to Midnight (11:59) on June 23, 2017.
Comments and related material must reach the Coast Guard on or
before June 15, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0280 using Federal eRulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
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 Steven.M.Fischer3@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Background, Purpose and Legal Basis
The Chambers Creek Burlington Northern Santa Fe Railroad vertical
lift railroad bridge across Chambers Creek, mile 0.01, near Steilacoom
in Pierce County, WA, has a vertical clearance of 10ft in the closed-
to-navigation position, and 50ft of vertical clearance in the open-to-
navigation position (reference plane is MHW elevation of 12.2 feet).
The bridge currently operates under 33 CFR 117.5.
The bridge owner, Burlington Northern Santa Fe Railroad, has
observed minimal to no usage of the drawbridge between 10 p.m. and 6
a.m., and has requested to test this schedule to see if it better
balances the needs of marine and rail traffic. The USCG conducted a
test deviation from July 1, 2016 to December 27, 2016. However, only
one bridge opening request was received during that time, and a
quantitative ruling could not be made from the lack of data. The
following facts support BNSF's proposal: (1) over the last 6 years only
2% of the subject bridge lifts have occurred between the hours of 10
p.m. and 6 a.m., which equates to approximately 5 openings a year, (2)
from February 2009 to June 2015 there were 1932 total openings of which
only 40 occurred between the hours of 10 p.m. and 6 a.m., and (3) the
navigation traffic consists primarily of the tenants of Chambers Bay
marina (recreational users) that are members of the Chambers Bay
Boating Association.
The Coast Guard is publishing this temporary deviation to test the
proposed schedule change to determine whether a permanent change to the
schedule is appropriate to better balance the needs of marine and rail
traffic. Under this temporary deviation, in effect from Midnight
(12:01) on December 28, 2016 to Midnight (11:59) on June 23, 2017, the
subject bridge shall open on signal, except from 10 p.m. to 6 a.m. the
draw shall open on signal if at least 4 hours notice is given. The
bridge will be required to open as soon a possible, no later than 1
hour after notification, for vessels engaged in emergency response.
The Coast Guard will inform the users of the waterways of this
temporary deviation through our Local and Broadcast Notices to Mariners
and through direct outreach with the Chambers Creek Boating Association
so that vessel operators can arrange their transits to minimize any
impact caused by the temporary deviation. Vessels able to pass
underneath the bridge in the closed-to-navigation position may do so at
any time. 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.
II. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person
[[Page 95041]]
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions. We accept anonymous comments. All comments
received will be posted without change to https://www.regulations.gov
and will include any personal information you have provided. For more
about privacy and the docket, you may review a Privacy Act notice
regarding the Federal Docket Management System in the March 24, 2005,
issue of the Federal Register (70 FR 15086).
Documents mentioned in this notice, and all public comments, are in
our online docket at https://www.regulations.gov and can be viewed by
following that Web site's instructions. Additionally, if you go to the
online docket, and sign up for email alerts, you will be notified when
comments are posted or a final rule is published.
Dated: December 19, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-31058 Filed 12-23-16; 8:45 am]
BILLING CODE 9110-04-P
