Drawbridge Operation Regulation; Sacramento River, Sacramento, CA, 47112-47113 [2017-21924]
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§ 23.46
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
Compliance procedures.
(a) Treasury may enforce the Act and
these regulations through:
(1) Termination of a recipient’s
Federal financial assistance from
Treasury under the program or activity
involved where the recipient has
violated the Act or these regulations.
The determination of the recipient’s
violation may be made only after a
recipient has had an opportunity for a
hearing on the record before an
administrative law judge.
(2) Any other means authorized by
law, including but not limited to:
(i) Referral to the Department of
Justice for proceedings to enforce any
rights of the United States or obligations
of the recipient created by the Act or
these regulations;
(ii) Referral to the Equal Employment
Opportunity Commission, Department
of Labor, the Department of Health and
Human Services, or the Department of
Education, as applicable; and
(iii) Use of any requirement of or
referral to any Federal, State, or local
government agency that will have the
effect of correcting a violation of the Act
or these regulations.
(b) Treasury will limit any
termination under paragraph (a)(1) of
this section to the particular recipient
and particular program or activity or
part of such program or activity
Treasury finds in violation of these
regulations. Treasury will not base any
part of a termination on a finding with
respect to any program or activity of the
recipient that does not receive Federal
financial assistance from Treasury.
(c) Treasury will take no action under
paragraph (a) of this section until:
(1) The Secretary has advised the
recipient of its failure to comply with
the Act and these regulations and has
determined that voluntary compliance
cannot be obtained.
(2) Thirty days have elapsed after the
Secretary has sent a written report of the
circumstances and grounds of the action
to the committees of Congress having
legislative jurisdiction over the Federal
program or activity involved. The
Secretary will file a report whenever
any action is taken under paragraph (a)
of this section.
(d) Treasury also may defer granting
new Federal financial assistance to a
recipient when a hearing under
paragraph (a)(1) of this section is
initiated.
(1) New Federal financial assistance
from Treasury includes all assistance for
which Treasury requires an application
or approval, including renewal or
continuation of existing activities, or
authorization of new activities, during
the deferral period. New Federal
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financial assistance from Treasury does
not include increases in funding as a
result of changed computation of
formula awards or assistance approved
prior to the beginning of a hearing under
paragraph (a)(1) of this section.
(2) Treasury will not begin a deferral
until the recipient has received a notice
of an opportunity for a hearing under
paragraph (a)(1) of this section. Treasury
will not continue a deferral for more
than 60 days unless a hearing has begun
within that time or the time for
beginning the hearing has been
extended by mutual consent of the
recipient and the Secretary. Treasury
will not continue a deferral for more
than 30 days after the close of the
hearing, unless the hearing results in a
finding against the recipient.
(3) Treasury will limit any deferral to
the particular recipient and particular
program or activity or part of such
program or activity Treasury finds in
violation of these regulations. Treasury
will not base any part of a deferral on
a finding with respect to any program or
activity of the recipient that does not,
and would not in connection with the
new funds, receive Federal financial
assistance from Treasury.
§ 23.50 Exhaustion of administrative
remedies.
Where Treasury finds a recipient has
discriminated on the basis of age in
violation of the Act or this part, the
recipient shall take any remedial action
that Treasury may require to overcome
the effects of the discrimination.
(a) A complainant may file a civil
action following the exhaustion of
administrative remedies under the Act.
Administrative remedies are exhausted
if:
(1) 180 days have elapsed since the
complainant filed the complaint and
Treasury has made no finding with
regard to the complainant; or
(2) Treasury issues any finding in
favor of the recipient.
(b) If Treasury fails to make a finding
within 180 days or issues a finding in
favor of the recipient, Treasury shall:
(1) Promptly advise the complainant
of this fact; and
(2) Advise the complainant of his or
her right to bring a civil action for
injunctive relief; and
(3) Inform the complainant:
(i) That the complainant may bring a
civil action only in a United States
district court for the district in which
the recipient is found or transacts
business;
(ii) That a complainant prevailing in
a civil action has the right to be awarded
the costs of the action, including
reasonable attorney’s fee, but that the
complainant must demand these costs
in the complaint.
(iii) That before commencing the
action the complainant shall give 30
days notice by registered mail to the
Secretary, the Secretary of HHS, the
Attorney General of the United States,
and the recipient.
(iv) That the notice must state: The
alleged violation of the Act; the relief
requested; the court in which the
complainant is bringing the action; and
whether or not attorney’s fees are
demanded in the event the complainant
prevails; and
(v) That the complainant may not
bring an action if the same alleged
violation of the Act by the same
recipient is the subject of a pending
action in any court of the United States.
§ 23.49 Alternate funds disbursal
procedure.
Kody H. Kinsley,
Assistant Secretary for Management.
(a) When Treasury withholds funds
from a recipient under these regulations,
the Secretary may disburse the withheld
funds directly to an alternate recipient,
where appropriate: Any public or nonprofit private organization or agency, or
State or political subdivision of the
State.
(b) The Secretary will require any
alternate recipient to demonstrate:
(1) The ability to comply with these
regulations; and
(2) The ability to achieve the goals of
the Federal statute authorizing the
Federal financial assistance.
[FR Doc. 2017–21905 Filed 10–10–17; 8:45 am]
§ 23.47 Hearings, decisions, posttermination proceedings.
Treasury procedural provisions for
hearings, decisions, and posttermination proceedings applicable to
Title VI of the Civil Rights Act of 1964
and its implementing regulations within
Title 31 of the CFR shall apply to
Treasury enforcement of these
regulations.
§ 23.48
PO 00000
Remedial action by recipient.
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BILLING CODE 4810–25–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0963]
Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
AGENCY:
E:\FR\FM\11OCR1.SGM
Coast Guard, DHS.
11OCR1
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
Notice of deviation from
drawbridge regulation.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Tower
Drawbridge across the Sacramento
River, mile 59.0, at Sacramento, CA. The
deviation is necessary to allow the
community to participate in the Walk
Against Breast Cancer event. This
deviation allows the bridge to remain in
the closed-to-navigation position during
the deviation period.
DATES: This deviation is effective from
8 a.m. through 11 a.m. on October 22,
2017.
ADDRESSES: The docket for this
deviation, USCG–2017–0963, 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 Carl T. Hausner,
Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510–437–
3516; email Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION: The
California Department of Transportation
has requested a temporary change to the
operation of the Tower Drawbridge over
the Sacramento River, mile 59.0, at
Sacramento, CA. The drawbridge
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw operates as required
by 33 CFR 117.189(a). Navigation on the
waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position from 8
a.m. through 11 a.m. on October 22,
2017, to allow the community to
participate in the Walk Against Breast
Cancer event. This temporary deviation
has been coordinated with the waterway
users. No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the bridge
in the closed position may do so at any
time. In the event of an emergency the
draw can open on signal if at least one
hour notice is given to the bridge
operator. There are no immediate
alternate routes for vessels to pass. The
Coast Guard will also inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
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SUMMARY:
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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: October 5, 2017.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2017–21924 Filed 10–10–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0801]
RIN 1625–AA00
Safety Zone; Atlantic Intracoastal
Waterway, Socastee, SC
Coast Guard, DHS.
Temporary interim rule; request
for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing an intermittent safety zone
related to ongoing construction of South
Carolina Highway 31 (SC–31) Bridge
located in Socastee, SC on the Atlantic
Intracoastal Waterway at mile marker
372.3. The temporary safety zone will be
set one day per week during overhead
construction operations. The safety zone
is needed to ensure the safety of
persons, vessels, and the marine
environment from potential hazards
created by the bridge construction.
Details for specific dates and times will
be relayed via Sector Charleston Marine
Safety Information Bulletin and Seventh
District Local Notice Mariners. Entry of
vessels or persons into these zones is
prohibited unless specifically
authorized by the Captain of the Port
Charleston or a designated
representative. We invite your
comments on this rulemaking.
DATES: This rule is effective from
October 11, 2017 until March 19, 2018.
Comments and related materials must
be received by the Coast Guard on or
before November 13, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0801 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
SUMMARY:
PO 00000
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47113
comments. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0801 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Justin Heck, Sector
Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email Justin.C.Heck@
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
OMB Office of Management and Budget
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is needed to respond
to the potential safety hazards
associated with bridge construction
operations that are scheduled to begin
on October 16, 2017. The Coast Guard
was initially notified of the need for a
safety zone on August 8, 2017.
Hurricane Irma impacted the timeline
for commencement of the project and
the Coast Guard received updated plans
for the construction operations on
September 18, 2017. Therefore,
publishing an NPRM is impracticable
and contrary to public interest.
Under 5 U.S.C. 553(d)(3), and for the
same reasons stated above, the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register.
III. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
E:\FR\FM\11OCR1.SGM
11OCR1
]]>Agencies
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47112-47113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21924]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0963]
Drawbridge Operation Regulation; Sacramento River, Sacramento, CA
AGENCY: Coast Guard, DHS.
[[Page 47113]]
ACTION: Notice of deviation from drawbridge regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Tower Drawbridge across the
Sacramento River, mile 59.0, at Sacramento, CA. The deviation is
necessary to allow the community to participate in the Walk Against
Breast Cancer event. This deviation allows the bridge to remain in the
closed-to-navigation position during the deviation period.
DATES: This deviation is effective from 8 a.m. through 11 a.m. on
October 22, 2017.
ADDRESSES: The docket for this deviation, USCG-2017-0963, 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 Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone 510-437-3516; email
Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION: The California Department of Transportation
has requested a temporary change to the operation of the Tower
Drawbridge over the Sacramento River, mile 59.0, at Sacramento, CA. The
drawbridge navigation span provides a vertical clearance of 30 feet
above Mean High Water in the closed-to-navigation position. The draw
operates as required by 33 CFR 117.189(a). Navigation on the waterway
is commercial and recreational.
The drawspan will be secured in the closed-to-navigation position
from 8 a.m. through 11 a.m. on October 22, 2017, to allow the community
to participate in the Walk Against Breast Cancer event. This temporary
deviation has been coordinated with the waterway users. No objections
to the proposed temporary deviation were raised. Vessels able to pass
through the bridge in the closed position may do so at any time. In the
event of an emergency the draw can open on signal if at least one hour
notice is given to the bridge operator. There are no immediate
alternate routes for vessels to pass. The Coast Guard will also inform
the users of the waterway through our Local and Broadcast Notices to
Mariners of the change in operating schedule for the bridge so that
vessel operators 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 effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.
Dated: October 5, 2017.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2017-21924 Filed 10-10-17; 8:45 am]
BILLING CODE 9110-04-P
