Drawbridge Operation Regulation; Nanticoke River, Seaford, DE, 9204-9205 [2018-04342]

Download as PDF 9204 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 VerDate Sep<11>2014 15:56 Mar 02, 2018 Jkt 244001 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 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 [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 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: 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: E:\FR\FM\05MRR1.SGM 05MRR1 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 sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:56 Mar 02, 2018 Jkt 244001 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 http:// 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 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 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’’) E:\FR\FM\05MRR1.SGM 05MRR1

Agencies

[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.

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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 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 [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