Drawbridge Operation Regulation; Barnegat Bay, Seaside Heights, NJ, 19189-19190 [2017-08395]
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Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Rules and Regulations
The Rule
This rule amends Title 14 Code of
Federal Regulations (14 CFR) part 73 by
updating the using agency name for
restricted areas R–4102A and R–4102B,
Fort Devens, MA, by removing the
words ‘‘Chief, Reserve Component
Division, Devens Reserve Forces
Training Area, Ayer, MA,’’ and adding
the words ‘‘Commander, U.S. Army
Garrison, Fort Devens, MA.’’ The name
change reflects the current organization
assigned using agency responsibilities
for the restricted areas. This is an
administrative change that does not
affect the boundaries, designated
altitudes, or activities conducted within
the restricted areas; therefore, notice
and public procedure under 5 U.S.C.
553(b) are unnecessary.
Regulatory Notices and Analyses
The FAA has determined that this
action only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
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Environmental Review
The FAA has determined that this
action of updating the using agency
information for restricted areas R–
4102A and R–4102B, Fort Devens, MA
qualifies for categorical exclusion under
the National Environmental Policy Act
in accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and
Procedures, paragraph 5–6.5.d,
‘‘Modification of the technical
description of special use airspace
(SUA) that does not alter the
dimensions, altitudes, or times of
designation of the airspace (such as
changes in designation of the
controlling or using agency, or
correction of typographical errors).’’
This airspace action is an administrative
change to the description of restricted
areas R–4102A and R–4102B to update
the using agency name. It does not alter
the dimensions, altitudes, time of
designation, or use of the airspace.
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16:19 Apr 25, 2017
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Therefore, this airspace action is not
expected to result in any significant
environmental impacts. In accordance
with FAA Order 1050.1F, paragraph 5–
2 regarding Extraordinary
Circumstances, this action has been
reviewed for factors and circumstances
in which a normally categorically
excluded action may have a significant
environmental impact requiring further
analysis, and it is determined that no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73, as follows:
PART 73—SPECIAL USE AIRSPACE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 73.41
[Amended]
2. Section 73.41 is amended as
follows:
*
*
*
*
*
■
R–4102A
Fort Devens, MA [Amended]
By removing the words ‘‘Using
agency. Chief, Reserve Component
Division, Devens Reserve Forces
Training Area, Ayer, MA,’’ and adding
in their place the words ‘‘Using agency.
Commander, U.S. Army Garrison, Fort
Devens, MA.’’
R–4102B
Fort Devens, MA [Amended]
By removing the words ‘‘Using
agency. Chief, Reserve Component
Division, Devens Reserve Forces
Training Area, Ayer, MA,’’ and adding
in their place the words ‘‘Using agency.
Commander, U.S. Army Garrison, Fort
Devens, MA.’’
Issued in Washington, DC, on April 19,
2017.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017–08365 Filed 4–25–17; 8:45 am]
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19189
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0251
Drawbridge Operation Regulation;
Barnegat Bay, Seaside Heights, NJ
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation; modification.
AGENCY:
ACTION:
The Coast Guard has modified
a temporary deviation from the
operating schedule that governs the S37
Bridge across the Barnegat Bay, mile
14.1, New Jersey Intracoastal Waterway,
at Seaside Heights, NJ. This modified
deviation is necessary to perform bridge
maintenance and repairs. This deviation
allows the bridge to remain in the
closed-to-navigation position.
DATES: This modified deviation is
effective without actual notice from
April 26, 2017 through 8 p.m. on April
28, 2017. For the purposes of
enforcement, actual notice will be used
from 8:00 p.m. on April 21, 2017, until
April 26, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0251] 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. Hal R. Pitts,
Bridge Administration Branch Fifth
District, Coast Guard, telephone 757–
398–6222, email Hal.R.Pitts@uscg.mil.
SUPPLEMENTARY INFORMATION: On March
30, 2017, the Coast Guard published a
temporary deviation entitled
‘‘Drawbridge Operation Regulation:
Barnegat Bay, Seaside Heights, NJ’’ in
the Federal Register (82 FR 15630).
Under that temporary deviation, the
bridge will remain in the closed-tonavigation position from 8 p.m. on
March 31, 2017, through 8 p.m. on April
21, 2017. The New Jersey Department of
Transportation, that owns and operates
the S37 Bridge, has requested a
modified temporary deviation from the
current operating regulations to
continue performing a maintenance and
repair project on the bridge that
commenced at 8 a.m. on December 1,
2016, and was scheduled to cease at 8
p.m. on April 21, 2017. The bridge is a
bascule draw bridge and has a vertical
clearance in the closed position of 30
feet above mean high water.
SUMMARY:
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Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Rules and Regulations
The current operating schedule as set
out in 33 CFR 117.733(c) allows the
bridge to remain in the closed-tonavigation position from 8 a.m. on
December 1, 2016, until 8 p.m. on
March 31, 2017. Under this modified
temporary deviation, the bridge will
continue to remain in the closed-tonavigation position from 8 p.m. on
March 31, 2017, to 8 p.m. on April 28,
2017.
The Barnegat Bay on the New Jersey
Intracoastal Waterway is used by a
variety of vessels including small
government and public vessels, small
commercial vessels, and recreational
vessels. The Coast Guard has carefully
considered the nature and volume of
vessel traffic on the waterway in
publishing this temporary deviation.
Vessels able to safely pass through the
bridge in the closed position may do so
at any time. The bridge will not 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 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 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: April 20, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2017–08395 Filed 4–25–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2017–0002; Internal
Agency Docket No. FEMA–8475]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
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AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
SUMMARY:
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16:19 Apr 25, 2017
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suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/national-floodinsurance-program-community-statusbook.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Patricia Suber,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 400 C Street SW.,
Washington, DC 20472, (202) 646–4149.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
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suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under 5
U.S.C. 553(b), are impracticable and
unnecessary because communities listed
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
FEMA has determined that the
community suspension(s) included in
this rule is a non-discretionary action
and therefore the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
coverage unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed no longer comply
with the statutory requirements, and
after the effective date, flood insurance
will no longer be available in the
communities unless remedial action
takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
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[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Rules and Regulations]
[Pages 19189-19190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08395]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0251
Drawbridge Operation Regulation; Barnegat Bay, Seaside Heights,
NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of deviation from drawbridge regulation; modification.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has modified a temporary deviation from the
operating schedule that governs the S37 Bridge across the Barnegat Bay,
mile 14.1, New Jersey Intracoastal Waterway, at Seaside Heights, NJ.
This modified deviation is necessary to perform bridge maintenance and
repairs. This deviation allows the bridge to remain in the closed-to-
navigation position.
DATES: This modified deviation is effective without actual notice from
April 26, 2017 through 8 p.m. on April 28, 2017. For the purposes of
enforcement, actual notice will be used from 8:00 p.m. on April 21,
2017, until April 26, 2017.
ADDRESSES: The docket for this deviation, [USCG-2017-0251] 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. Hal R. Pitts, Bridge
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6222, email Hal.R.Pitts@uscg.mil.
SUPPLEMENTARY INFORMATION: On March 30, 2017, the Coast Guard published
a temporary deviation entitled ``Drawbridge Operation Regulation:
Barnegat Bay, Seaside Heights, NJ'' in the Federal Register (82 FR
15630). Under that temporary deviation, the bridge will remain in the
closed-to-navigation position from 8 p.m. on March 31, 2017, through 8
p.m. on April 21, 2017. The New Jersey Department of Transportation,
that owns and operates the S37 Bridge, has requested a modified
temporary deviation from the current operating regulations to continue
performing a maintenance and repair project on the bridge that
commenced at 8 a.m. on December 1, 2016, and was scheduled to cease at
8 p.m. on April 21, 2017. The bridge is a bascule draw bridge and has a
vertical clearance in the closed position of 30 feet above mean high
water.
[[Page 19190]]
The current operating schedule as set out in 33 CFR 117.733(c)
allows the bridge to remain in the closed-to- navigation position from
8 a.m. on December 1, 2016, until 8 p.m. on March 31, 2017. Under this
modified temporary deviation, the bridge will continue to remain in the
closed-to-navigation position from 8 p.m. on March 31, 2017, to 8 p.m.
on April 28, 2017.
The Barnegat Bay on the New Jersey Intracoastal Waterway is used by
a variety of vessels including small government and public vessels,
small commercial vessels, and recreational vessels. The Coast Guard has
carefully considered the nature and volume of vessel traffic on the
waterway in publishing this temporary deviation.
Vessels able to safely pass through the bridge in the closed
position may do so at any time. The bridge will not 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 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 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: April 20, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2017-08395 Filed 4-25-17; 8:45 am]
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