Drawbridge Operation Regulation; Nanticoke River, Seaford, DE, 9204-9205 [2018-04342]
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Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations
accordance with paragraph (b)(2) of this
section.
(4) Information that should be
included in response. Any response
should set forth in detail why the
alleged violator either believes that a
violation of the regulations did not
occur and/or why a Finding of Violation
is otherwise unwarranted under the
circumstances, with reference to the
General Factors Affecting
Administrative Action set forth in the
Guidelines contained in appendix A to
part 501. The response should include
all documentary or other evidence
available to the alleged violator that
supports the arguments set forth in the
response. OFAC will consider all
relevant materials submitted in the
response.
(c) Determination—(1) Determination
that a Finding of Violation is warranted.
If, after considering the response, OFAC
determines that a final Finding of
Violation should be issued, OFAC will
issue a final Finding of Violation that
will inform the violator of its decision.
A final Finding of Violation shall
constitute final agency action. The
violator has the right to seek judicial
review of that final agency action in
federal district court.
(2) Determination that a Finding of
Violation is not warranted. If, after
considering the response, OFAC
determines a Finding of Violation is not
warranted, then OFAC will inform the
alleged violator of its decision not to
issue a final Finding of Violation.
Note 1 to paragraph (c)(2): A
determination by OFAC that a final Finding
of Violation is not warranted does not
preclude OFAC from pursuing other
enforcement actions consistent with the
Guidelines contained in appendix A to part
501 of this chapter.
(d) Representation. A representative
of the alleged violator may act on behalf
of the alleged violator, but any oral
communication with OFAC prior to a
written submission regarding the
specific alleged violations contained in
the initial Finding of Violation must be
preceded by a written letter of
representation, unless the initial
Finding of Violation was served upon
the alleged violator in care of the
representative.
sradovich on DSK3GMQ082PROD with RULES
Subpart H—Procedures
§ 510.801
Procedures.
For license application procedures
and procedures relating to amendments,
modifications, or revocations of
licenses; administrative decisions;
rulemaking; and requests for documents
pursuant to the Freedom of Information
and Privacy Acts (5 U.S.C. 552 and
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15:56 Mar 02, 2018
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552a), see part 501, subpart E, of this
chapter.
DEPARTMENT OF HOMELAND
SECURITY
§ 510.802 Delegation of certain authorities
of the Secretary of the Treasury.
Coast Guard
Any action that the Secretary of the
Treasury is authorized to take pursuant
to Executive Order 13466 of June 26,
2008, Executive Order 13551 of August
30, 2010, Executive Order 13570 of
April 18, 2011, Executive Order 13687
of January 2, 2015, Executive Order
13722 of March 15, 2016, Executive
Order 13810 of September 20, 2017, and
any further Executive orders relating to
the national emergency declared in
Executive Order 13466 of June 26, 2008,
and any action that the Secretary of the
Treasury is authorized to take pursuant
to Presidential Memorandum of May 18,
2016: Delegation of Certain Functions
and Authorities under the North Korea
Policy Enhancement Act of 2016 and
Presidential Memorandum of September
29, 2017: Delegation of Certain
Functions and Authorities under the
Countering America’s Adversaries
Through Sanctions Act of 2017, the
Ukraine Freedom Support Act of 2014,
and the Support for the Sovereignty,
Integrity, Democracy, and Economic
Stability of Ukraine Act of 2014, may be
taken by the Director of OFAC or by any
other person to whom the Secretary of
the Treasury has delegated authority so
to act.
33 CFR Part 117
Subpart I—Paperwork Reduction Act
§ 510.901
Paperwork Reduction Act notice.
For approval by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507) of information
collections relating to recordkeeping
and reporting requirements, licensing
procedures, and other procedures, see
§ 501.901 of this chapter. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a valid control number
assigned by OMB.
Dated: February 22, 2018.
Andrea Gacki,
Acting Director, Office of Foreign Assets
Control.
Approved: February 22, 2018.
Sigal P. Mandelker,
Under Secretary, Office of Terrorism and
Financial Intelligence, Department of the
Treasury.
[FR Doc. 2018–04113 Filed 3–1–18; 8:45 am]
BILLING CODE 4810–AL–P
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[Docket No. USCG–2018–0147]
Drawbridge Operation Regulation;
Nanticoke River, Seaford, DE
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the SR 13 (Market
Street) Bridge across Nanticoke River,
mile 39.6, in Seaford, DE. The deviation
is necessary to facilitate placement of an
emergency temporary public water line
on the bridge. This deviation allows the
bridge to remain in the closed-tonavigation position.
DATES: This deviation is effective
without actual notice from March 5,
2018 through noon on March 23, 2018.
For purposes of enforcement, actual
notice will be used from noon on
February 9, 2018, until March 5, 2018.
ADDRESSES: The docket for this
deviation, [USCG–2018–0147] 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: The
Delaware Department of Transportation,
who owns and operates the SR 13
(Market Street) Bridge across Nanticoke
River, mile 39.6, in Seaford, DE, has
requested a temporary deviation from
the current operating regulation. This
deviation is necessary to facilitate
placement of an emergency temporary
public water line on the bridge due to
contamination of the town of Blades, DE
water system. The bridge is a bascule
bridge and has a vertical clearance in
the closed-to-navigation position of 3
feet above mean high water.
The current operating schedule is set
out in 33 CFR 117.243(b). Under this
temporary deviation, the bridge will
remain in the closed-to-navigation
position from noon on February 9, 2018,
through noon on March 23, 2018. The
Nanticoke River in the location of the
bridge is predominantly used by small
recreational vessels. The bridge has an
SUMMARY:
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Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations
average of one or two bridge openings
per month during the time period of this
temporary deviation. The Coast Guard
has carefully considered the nature and
volume of vessel traffic on the
waterway, in relation to the emergency
management purpose for maintaining
the bridge in the closed-to-navigation
position, in publishing this temporary
deviation.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at any time. The
bridge will not be able to open for an
emergency and there is no immediate
alternate route 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: February 22, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2018–04342 Filed 3–2–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0119]
RIN 1625–AA00
Safety Zone: St. Francis Yacht Club
Fireworks, San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary moving safety
zone in the navigable waters of the San
Francisco Bay near St. Francis Yacht
Club in support of the St. Francis Yacht
Club Fireworks Display on March 5,
2018. This safety zone is established to
ensure the safety of participants and
spectators from the dangers associated
with pyrotechnics. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without
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SUMMARY:
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permission of the Captain of the Port or
their designated representative.
DATES: This rule is effective from 8 a.m.
to 10:30 p.m. on March 5, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0119 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Emily
Rowan, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7443 or
email at D11-PF-MarineEvents@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric
Administration
NPRM Notice of Proposed Rulemaking
PATCOM U.S. Coast Guard Patrol
Commander
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final 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. Since the Coast
Guard received notice of this event on
February 9, 2018, notice and comment
procedures would be impracticable in
this instance.
For similar reasons as those stated
above, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register.
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 (COTP) San
Francisco has determined that potential
hazards associated with the planned
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9205
fireworks display on March 5, 2018, will
be a safety concern for anyone within a
100-foot radius of the fireworks barge
and anyone within a 560-foot radius of
the fireworks firing site. This rule is
needed to protect spectators, vessels,
and other property from hazards
associated with pyrotechnics.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone during the loading and
transit of the fireworks barge, until after
completion of the fireworks display.
During the loading of the pyrotechnics
onto the fireworks barge, scheduled to
take place from 8:00 a.m. to 1:00 p.m.
on March 5, 2018, at Pier 50 in San
Francisco, CA, the safety zone will
encompass the navigable waters around
and under the fireworks barge within a
radius of 100 feet.
The fireworks barge will remain at
Pier 50 until the start of its transit to the
display location. Towing of the barge
from Pier 50 to the display location is
scheduled to take place from 6:00 p.m.
to 6:30 p.m. on March 5, 2018, where it
will remain until the conclusion of the
fireworks display.
At 9:10 p.m. on March 5, 2018, 30
minutes prior to the commencement of
the 18-minute fireworks display, the
safety zone will increase in size and
encompass the navigable water around
and under the fireworks barge within a
radius of 560 feet in approximate
position 37°48′37″ N, 122°26′49″ W
(NAD 83) for the St. Francis Yacht Club
Fireworks Display. The safety zone shall
terminate at 10:30 p.m. on March 5,
2018.
The effect of the temporary safety
zone is to restrict navigation in the
vicinity of the fireworks loading, transit,
and firing site. Except for persons or
vessels authorized by the COTP or the
COTP’s designated representative, no
person or vessel may enter or remain in
the restricted areas. These regulations
are needed to keep spectators and
vessels away from the immediate
vicinity of the fireworks firing sites to
ensure the safety of participants,
spectators, and transiting vessels.
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
E.O.s 12866 (‘‘Regulatory Planning
and Review’’) and 13563 (‘‘Improving
Regulation and Regulatory Review’’)
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[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Rules and Regulations]
[Pages 9204-9205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04342]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0147]
Drawbridge Operation Regulation; Nanticoke River, Seaford, DE
AGENCY: Coast Guard, DHS.
ACTION: Notice of deviation from drawbridge regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the SR 13 (Market Street) Bridge across
Nanticoke River, mile 39.6, in Seaford, DE. The deviation is necessary
to facilitate placement of an emergency temporary public water line on
the bridge. This deviation allows the bridge to remain in the closed-
to-navigation position.
DATES: This deviation is effective without actual notice from March 5,
2018 through noon on March 23, 2018. For purposes of enforcement,
actual notice will be used from noon on February 9, 2018, until March
5, 2018.
ADDRESSES: The docket for this deviation, [USCG-2018-0147] 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 [email protected].
SUPPLEMENTARY INFORMATION: The Delaware Department of Transportation,
who owns and operates the SR 13 (Market Street) Bridge across Nanticoke
River, mile 39.6, in Seaford, DE, has requested a temporary deviation
from the current operating regulation. This deviation is necessary to
facilitate placement of an emergency temporary public water line on the
bridge due to contamination of the town of Blades, DE water system. The
bridge is a bascule bridge and has a vertical clearance in the closed-
to-navigation position of 3 feet above mean high water.
The current operating schedule is set out in 33 CFR 117.243(b).
Under this temporary deviation, the bridge will remain in the closed-
to-navigation position from noon on February 9, 2018, through noon on
March 23, 2018. The Nanticoke River in the location of the bridge is
predominantly used by small recreational vessels. The bridge has an
[[Page 9205]]
average of one or two bridge openings per month during the time period
of this temporary deviation. The Coast Guard has carefully considered
the nature and volume of vessel traffic on the waterway, in relation to
the emergency management purpose for maintaining the bridge in the
closed-to-navigation position, in publishing this temporary deviation.
Vessels able to pass through the bridge in the closed-to-navigation
position may do so at any time. The bridge will not be able to open for
an emergency and there is no immediate alternate route 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: February 22, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-04342 Filed 3-2-18; 8:45 am]
BILLING CODE 9110-04-P
