Drawbridge Operation Regulation; Swinomish Channel, Whitmarsh, WA, 49280-49281 [2018-21254]
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49280
Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations
commercial tug and barge to small
pleasure craft. Vessels able to pass
under the subject bridge in the closedto-navigation position may do so at any
time. The subject bridge will not be able
to open for vessels engaged in
emergency response during the closure
period. An alternate route for vessels to
pass is available through Ebey Slough
and Union Slough near the entrance of
Steamboat Slough at high tide. 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
bridges so that vessels 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 the
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: September 25, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2018–21309 Filed 9–28–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0852]
Drawbridge Operation Regulation;
Swinomish Channel, Whitmarsh, WA
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 Burlington
Northern Santa Fe Railroad Company
(BNSF) Railroad Swing Span
Drawbridge 7.6 (Bridge 7.6) across
Swinomish Channel, mile 8.4, near
Whitmarsh, WA. This deviation is
necessary to accommodate replacement
of the bridge deck ties and installation
of new rail joints. The deviation allows
the bridge to remain in the closed-tonavigation position.
DATES: This deviation is effective
without actual notice from October 1,
2018 through 3 p.m. on October 5, 2018.
For the purposes of enforcement, actual
notice will be used from 7 a.m. on
September 23, 2018, until October 1,
2018.
SUMMARY:
The docket for this
deviation, USCG–2018–0852 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
ADDRESSES:
Start time/date
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9
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Sep 23, 18
Sep 24, 18
Sep 25, 18
Sep 26, 18
Sep 27, 18
Sep 28, 18
Sep 30, 18
Oct 01, 18
Oct 02, 18
Oct 03, 18
Oct 04, 18
Oct 05, 18
End time/date
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Bridge 7.6 normally operates in
accordance with 33 CFR 117.5, and is
normally maintained in the open-tonavigation position. The bridge shall
operate in accordance to 33 CFR 117.5
at all other times. Waterway usage on
the Swinomish Channel includes
commercial tugs and barges, U.S. Coast
Guard vessels, and large to small
pleasure craft. BNSF coordinated with
tribal leaders to open Bridge 7.6 during
the closure period herein to tribal
VerDate Sep<11>2014
16:43 Sep 28, 2018
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. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: BNSF
(bridge owner) has requested for Bridge
7.6 be allowed to close the span, and
need not open to marine traffic to
replace bridge deck ties and install new
rail joints. BNSF’s Bridge 7.6 crosses the
Swinomish channel, mile 8.4, near
Whitmarsh, WA. The subject bridge
provides 8 feet of vertical clearance in
the closed-to-navigation position, and
100 feet of horizontal clearance in the
open-to-navigation position. Bridge 7.6
provides unlimited vertical clearance in
the open-to-navigation position. Vertical
and horizontal clearances are referenced
to mean high-water elevation.
BNSF work requires the swing span to
be in the closed-to-navigation position.
The deviation period allows the subject
bridge to be in the closed-to-navigation
position from 7 a.m. on September 23,
2018 to 3 p.m. on October 05, 2018.
During the closure times, the swing
span may be opened if at least a two
hour notice has been given to the bridge
operator. The span will open for
emergencies and tribal fishing vessels
with a one hour notice to the bridge
operator. The deviation period and span
operation is described in the table
below:
Jkt 247001
Action
11 p.m. Sep 23, 18 ..........................................
3 p.m. Sep, 24, 18 ...........................................
3 p.m. Sep 25, 18 ............................................
3 p.m. Sep 26, 18 ............................................
3 p.m. Sep 27, 18 ............................................
3 p.m. Sep 28, 18 ............................................
11 p.m. Sep 30, 18 ..........................................
3 p.m. Oct 01, 18 .............................................
3 p.m. Oct 02, 18 .............................................
3 p.m. Oct 03, 18 .............................................
3 p.m. Oct 04, 18 .............................................
3 p.m. Oct 05, 18 .............................................
fishing vessels with an hour notice.
BNSF also coordinated with marinas on
Swinomish Channel to open the subject
bridge, with at least a two hour notice,
during the closure period herein.
Vessels able to pass through the
subject bridge in the closed-tonavigation position may do so at any
time. An alternate route is via the
southern Swinomish Channel using
Skagit Bay. The Coast Guard will also
inform the users of the waterways
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through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessels 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
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations
U.S.C.
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: September 24, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2018–21254 Filed 9–28–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0920]
RIN 1625–AA00
Safety Zone; Cape Fear River,
Wilmington, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Cape Fear
River to minimize risks caused by
vessels transiting near vessels and
divers conducting post-Hurricane
Florence recovery operations. Entry of
vessels or persons into this zone is
prohibited unless a vessel meets the
stated requirements or is specifically
authorized by the Captain of the Port
North Carolina (COTP).
DATES: This rule is effective without
actual notice from October 1, 2018,
through October 17, 2018. For the
purposes of enforcement, actual notice
will be used from September 26, 2018,
through October 1, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0920 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Chief Petty Officer Joshua
O’Rourke, Waterways Management
Division, U.S. Coast Guard Sector North
Carolina, Wilmington, NC; telephone
910–772–2227, email:
joshua.p.orourke@uscg.mil.
SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with RULES
SUMMARY:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
VerDate Sep<11>2014
16:43 Sep 28, 2018
Jkt 247001
United States Code
II. Background Information and
Regulatory History
After Hurricane Florence passed over
the Cape Fear River, the National
Oceanic and Atmospheric
Administration and U.S. Army Corps of
Engineers conducted surveys of the
navigable channel to identify
obstructions that may have collected on
the river bottom and pose risks to
shipping traffic. The surveys identified
a number of potential obstructions that
require further investigation and
possible removal. Operations are
scheduled to begin on September 26,
2018. These operations involve diving
in murky water with strong currents,
using heavy-lift equipment on floating
platforms, and other inherently risky
activities that require strict safety
procedures. Vessels that pass too close
or too quickly increase the risk of these
operations. To mitigate such risks, the
COTP is establishing a safety zone
around the vessels conducting diving
and salvage operations. This safety zone
will move with the vessels as they
transit the river to investigate and
remove obstructions.
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 to do
so would be impracticable and contrary
to the public interest. Waiting to return
the waterway to conditions that
accommodate the safe, full resumption
of commercial shipping is contrary to
the public interest. It is impracticable to
publish an NPRM because recovery
assets will be on scene on or about
September 26, 2018, and the safety zone
needs to be in place at that time to
protect vessels and persons in the
vicinity of salvage operations.
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. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest.
Immediate action is needed to protect
vessels and persons conducting diving
and salvage operations, as well as
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49281
vessels transiting nearby, from the
potential hazards associated with these
operations.
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 North Carolina
(COTP) has determined that potential
hazards associated with salvage
operations starting on or about
September 26, 2018, will be a safety
concern when anyone approaches
within 100 yards of salvage vessels and
divers. This rule is needed to protect
personnel and vessels in the navigable
waters within and transiting near the
safety zone.
IV. Discussion of the Rule
This rule establishes a moving safety
zone that protects vessels and affiliated
divers engaged in post-Hurricane
Florence salvage operations on the
navigable waters of the Cape Fear River.
The safety zone includes all navigable
waters within 100 yards of vessels
actively engaged in salvage and dive
support vessels being used to conduct
salvage operations on the Cape Fear
River. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
Vessels requesting to enter or transit the
safety zone may contact the Sector
North Carolina Command Center via
VHF–FM channel 16 or telephone at
910–362–4015.
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
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Rules and Regulations]
[Pages 49280-49281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21254]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0852]
Drawbridge Operation Regulation; Swinomish Channel, Whitmarsh, WA
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 Burlington Northern Santa Fe
Railroad Company (BNSF) Railroad Swing Span Drawbridge 7.6 (Bridge 7.6)
across Swinomish Channel, mile 8.4, near Whitmarsh, WA. This deviation
is necessary to accommodate replacement of the bridge deck ties and
installation of new rail joints. The deviation allows the bridge to
remain in the closed-to-navigation position.
DATES: This deviation is effective without actual notice from October
1, 2018 through 3 p.m. on October 5, 2018. For the purposes of
enforcement, actual notice will be used from 7 a.m. on September 23,
2018, until October 1, 2018.
ADDRESSES: The docket for this deviation, USCG-2018-0852 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. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone 206-220-7282,
email [email protected].
SUPPLEMENTARY INFORMATION: BNSF (bridge owner) has requested for Bridge
7.6 be allowed to close the span, and need not open to marine traffic
to replace bridge deck ties and install new rail joints. BNSF's Bridge
7.6 crosses the Swinomish channel, mile 8.4, near Whitmarsh, WA. The
subject bridge provides 8 feet of vertical clearance in the closed-to-
navigation position, and 100 feet of horizontal clearance in the open-
to-navigation position. Bridge 7.6 provides unlimited vertical
clearance in the open-to-navigation position. Vertical and horizontal
clearances are referenced to mean high-water elevation.
BNSF work requires the swing span to be in the closed-to-navigation
position. The deviation period allows the subject bridge to be in the
closed-to-navigation position from 7 a.m. on September 23, 2018 to 3
p.m. on October 05, 2018. During the closure times, the swing span may
be opened if at least a two hour notice has been given to the bridge
operator. The span will open for emergencies and tribal fishing vessels
with a one hour notice to the bridge operator. The deviation period and
span operation is described in the table below:
------------------------------------------------------------------------
Start time/date End time/date Action
------------------------------------------------------------------------
7 a.m. Sep 23, 18........... 11 p.m. Sep 23, 18.. Span in the closed-
to-navigation
position.
9 a.m. Sep 24, 18........... 3 p.m. Sep, 24, 18.. Span in the closed-
to-navigation
position.
9 a.m. Sep 25, 18........... 3 p.m. Sep 25, 18... Span in the closed-
to-navigation
position.
9 a.m. Sep 26, 18........... 3 p.m. Sep 26, 18... Span in the closed-
to-navigation
position.
9 a.m. Sep 27, 18........... 3 p.m. Sep 27, 18... Span in the closed-
to-navigation
position.
9 a.m. Sep 28, 18........... 3 p.m. Sep 28, 18... Span in the closed-
to-navigation
position.
7 a.m. Sep 30, 18........... 11 p.m. Sep 30, 18.. Span in the closed-
to-navigation
position.
9 a.m. Oct 01, 18........... 3 p.m. Oct 01, 18... Span in the closed-
to-navigation
position.
9 a.m. Oct 02, 18........... 3 p.m. Oct 02, 18... Span in the closed-
to-navigation
position.
9 a.m. Oct 03, 18........... 3 p.m. Oct 03, 18... Span in the closed-
to-navigation
position.
9 a.m. Oct 04, 18........... 3 p.m. Oct 04, 18... Span in the closed-
to-navigation
position.
9 a.m. Oct 05, 18........... 3 p.m. Oct 05, 18... Span in the closed-
to-navigation
position.
------------------------------------------------------------------------
Bridge 7.6 normally operates in accordance with 33 CFR 117.5, and
is normally maintained in the open-to-navigation position. The bridge
shall operate in accordance to 33 CFR 117.5 at all other times.
Waterway usage on the Swinomish Channel includes commercial tugs and
barges, U.S. Coast Guard vessels, and large to small pleasure craft.
BNSF coordinated with tribal leaders to open Bridge 7.6 during the
closure period herein to tribal fishing vessels with an hour notice.
BNSF also coordinated with marinas on Swinomish Channel to open the
subject bridge, with at least a two hour notice, during the closure
period herein.
Vessels able to pass through the subject bridge in the closed-to-
navigation position may do so at any time. An alternate route is via
the southern Swinomish Channel using Skagit Bay. 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 vessels 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
[[Page 49281]]
from the operating regulations is authorized under 33 CFR 117.35.
Dated: September 24, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2018-21254 Filed 9-28-18; 8:45 am]
BILLING CODE 9110-04-P
