Drawbridge Operation Regulation; Barnegat Bay, Seaside Heights, NJ, 19189-19190 [2017-08395]

Download as PDF 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. mstockstill on DSK30JT082PROD with RULES 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. VerDate Sep<11>2014 16:19 Apr 25, 2017 Jkt 241001 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] BILLING CODE 4910–13–P PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 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 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: E:\FR\FM\26APR1.SGM 26APR1 19190 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. mstockstill on DSK30JT082PROD with RULES 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: VerDate Sep<11>2014 16:19 Apr 25, 2017 Jkt 241001 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 E:\FR\FM\26APR1.SGM 26APR1

Agencies

[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]


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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.

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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 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 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]
BILLING CODE 9110-04-P