Drawbridge Operation Regulation; Elizabeth River-Eastern Branch, Norfolk, VA, 53813-53814 [2018-23319]

Download as PDF Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations (b) From 4 p.m. to 5:30 p.m. Monday through Friday except federal holidays the draw need not open. Dated: October 22, 2018. Paul F. Thomas, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2018–23367 Filed 10–24–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0974] Drawbridge Operation Regulation; Middle River, Between Bacon Island and Lower Jones Tract, CA 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 San Joaquin County (Bacon Island Road) highway bridge across Middle River, mile 8.6, between Bacon Island and Lower Jones Tract, CA. The deviation is necessary due to a scheduled public utility power outage, resulting in no power to the bridge. This deviation allows the bridge to remain in the closed-to-navigation position. DATES: This deviation is effective from 8 a.m. through 6 p.m. on November 3, 2018. ADDRESSES: The docket for this deviation, USCG–2018–0974, 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 Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510–437– 3516, email Carl.T.Hausner@uscg.mil. SUPPLEMENTARY INFORMATION: The San Joaquin County Department of Public Works has requested a temporary change to the operation of the San Joaquin County (Bacon Island Road) highway bridge, across Middle River, mile 8.6, between Bacon Island and Lower Jones Tract, CA. The drawbridge navigation span provides a vertical clearance of 8 feet above Mean High Water in the closed-to-navigation position. The draw operates as required by 33 CFR 117.171(a). Navigation on the daltland on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:53 Oct 24, 2018 Jkt 247001 waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 8 a.m. to 6 p.m. on November 3, 2018, to allow Pacific Gas & Electric secure power to the bridge to perform necessary work on a transformer. 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 anytime. The bridge will not be able to open for emergencies. Old River can be used as an alternate route for vessels unable to pass through the bridge in the closed position. 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 22, 2018. Carl T. Hausner District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2018–23368 Filed 10–24–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0972] Drawbridge Operation Regulation; Elizabeth River—Eastern Branch, Norfolk, VA 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 Berkley (U.S. 460/S.R. 337) Bridge across the Elizabeth River—Eastern Branch, mile 0.4, at Norfolk, VA. The deviation is necessary to allow the bridge to remain in the closed-to-navigation position to facilitate testing of the emergency drive motors. DATES: This deviation is effective from 2:30 a.m. to 6 a.m. on October 28, 2018. SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 53813 The docket for this deviation, [USCG–2018–0972], 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. ADDRESSES: If you have questions on this temporary deviation, call or email Mr. Mickey Sanders, Bridge Administration Branch Fifth District, Coast Guard; telephone (757) 398–6587, email Mickey.D.Sanders2@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Virginia Department of Transportation, who owns and operates the Berkley (U.S. 460/S.R. 337) Bridge across the Elizabeth River—Eastern Branch, mile 0.4, at Norfolk, VA, has requested a temporary deviation from the current operating regulation set out in 33 CFR 117.1007(b), to facilitate testing of the emergency drive motor on both spans of the bridge. Under this temporary deviation, the bridge will remain in the closed-tonavigation position from 2:30 a.m. to 6 a.m. on October 28, 2018. The drawbridge has two spans, each with double-leaf bascule draws, and both spans have a vertical clearance in the closed-to-navigation position of 48 feet above mean high water. The Elizabeth River—Eastern Branch is transited by recreational vessels, tug and barge traffic, fishing vessels, and small commercial 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 pass through the bridges in the closed position may do so at any time. The bridge spans will not be able to open in case of 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 Notice 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. SUPPLEMENTARY INFORMATION: E:\FR\FM\25OCR1.SGM 25OCR1 53814 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations Dated: October 19, 2018. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2018–23319 Filed 10–24–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0986] RIN 1625–AA00 Safety Zone; Allegheny River, Miles 0.25 to 0.7, Pittsburgh, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters of the Allegheny River from mile 0.25 to mile 0.7. This safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards associated with low flying aircraft over the Allegheny River. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative. DATES: This rule is effective without actual notice from October 25, 2018 through noon on November 5, 2018. For the purposes of enforcement, actual notice will be used from 6 a.m. on October 22, 2018 through October 25, 2018. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2018– 0986 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 Petty Officer Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412–221–0807, email Jennifer.L.Haggins@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: daltland on DSKBBV9HB2PROD with RULES I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Marine Safety Unit Pittsburgh DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code VerDate Sep<11>2014 15:53 Oct 24, 2018 Jkt 247001 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 it is ‘‘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 it is impracticable. This safety zone must be established as early as October 22, 2018, and we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. The NPRM process would delay the establishment of the safety zone until after the aircraft operation. 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 this rule would be contrary to the public interest because immediate action is necessary to respond to the potential safety hazards associated with low flying aircraft over the Allegheny River. 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 Marine Safety Unit Pittsburgh (COTP) has determined that potential hazards associated with low flying aircraft will be a safety hazard for anyone within a one half-mile stretch of the Allegheny River. The rule is needed to protect persons, vessels, and the marine environment on the navigable waters within the safety zone before, during, and after the aircraft operation. IV. Discussion of the Rule This rule establishes a temporary safety zone from 6 a.m. on October 22, 2018 through noon on November 5, 2018. The safety zone will cover all navigable waters of the Allegheny River, from mile 0.25 to mile 0.7. The safety zone will be enforced only on one day during the effective period, from 6 a.m. through noon. The COTP or a designated representative would inform the public through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), and/or other means of public notice, as appropriate, at least 24 hours in advance PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 of the enforcement period. The duration of the zone is intended to protect persons, vessels, and the marine environment on these navigable waters before, during, and after a low-flying aircraft operation. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Marine Safety Unit Pittsburgh. Persons and vessels seeking entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or by telephone at (412) 221–0807. Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful instructions of the COTP or a designated representative. The COTP or a designated representative will inform the public of the enforcement period for the safety zone as well as any changes in the schedule through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as appropriate. 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 duration of the temporary safety zone. This regulation will impact vessel traffic on a less than one-half mile stretch the Allegheny River for six hours on one morning. Moreover, the Coast Guard E:\FR\FM\25OCR1.SGM 25OCR1

Agencies

[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53813-53814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23319]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0972]


Drawbridge Operation Regulation; Elizabeth River--Eastern Branch, 
Norfolk, VA

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 Berkley (U.S. 460/S.R. 337) Bridge 
across the Elizabeth River--Eastern Branch, mile 0.4, at Norfolk, VA. 
The deviation is necessary to allow the bridge to remain in the closed-
to-navigation position to facilitate testing of the emergency drive 
motors.

DATES: This deviation is effective from 2:30 a.m. to 6 a.m. on October 
28, 2018.

ADDRESSES: The docket for this deviation, [USCG-2018-0972], 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. Mickey Sanders, Bridge 
Administration Branch Fifth District, Coast Guard; telephone (757) 398-
6587, email [email protected].

SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation, 
who owns and operates the Berkley (U.S. 460/S.R. 337) Bridge across the 
Elizabeth River--Eastern Branch, mile 0.4, at Norfolk, VA, has 
requested a temporary deviation from the current operating regulation 
set out in 33 CFR 117.1007(b), to facilitate testing of the emergency 
drive motor on both spans of the bridge.
    Under this temporary deviation, the bridge will remain in the 
closed-to-navigation position from 2:30 a.m. to 6 a.m. on October 28, 
2018. The drawbridge has two spans, each with double-leaf bascule 
draws, and both spans have a vertical clearance in the closed-to-
navigation position of 48 feet above mean high water.
    The Elizabeth River--Eastern Branch is transited by recreational 
vessels, tug and barge traffic, fishing vessels, and small commercial 
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 pass through the bridges in the closed position may 
do so at any time. The bridge spans will not be able to open in case of 
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 Notice 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.


[[Page 53814]]


    Dated: October 19, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-23319 Filed 10-24-18; 8:45 am]
 BILLING CODE 9110-04-P