Drawbridge Operation Regulations; Old Fort Bayou, MS, 1401-1402 [2019-00871]
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Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Rules and Regulations
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rulemaking, call or email Mr. Doug
Blakemore, Eighth Coast Guard District
Bridge Administrator; telephone (504)
671–2128, email Douglas.A.Blakemore@
uscg.mil.
[FR Doc. 2019–00700 Filed 2–1–19; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
SUPPLEMENTARY INFORMATION:
Coast Guard
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MDOT Mississippi Department of
Transportation
NPRM Notice of proposed rulemaking
SR State Route
§ Section
U.S.C. United States Code
33 CFR Part 117
[Docket No. USCG–2018–0988]
RIN 1625–AA09
Drawbridge Operation Regulations;
Old Fort Bayou, MS
Coast Guard, DHS.
Notice of temporary deviation
from regulations; request for comments.
AGENCY:
ACTION:
The Coast Guard is issuing a
temporary deviation to the operating
schedule that regulates the State Route
609 (SR 609) bascule bridge across the
Old Fort Bayou, mile 1.6 at Ocean
Springs, Harrison County, Mississippi.
This deviation is needed to collect and
analyze information on vehicle traffic
congestion on SR 609 created when the
drawbridge opens to vessel traffic.
During this temporary deviation the
drawbridge will not open to vessel
traffic during specified times.
DATES: This deviation is effective from
6 a.m. February 4, 2019 through 6 p.m.
June 4, 2019.
Comments and related material must
be received by the Coast Guard on or
before June 4, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0988 using 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
comments.
amozie on DSK3GDR082PROD with RULES
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
If
you have questions about this
VerDate Sep<11>2014
16:02 Feb 01, 2019
Jkt 247001
I. Background, Purpose, and Legal
Basis
The Mississippi Department of
Transportation (MDOT) has requested to
change the operating requirements for
the SR 609 bascule bridge across the Old
Fort Bayou, mile 1.6, at Ocean Springs,
Harrison County, Mississippi. This
bridge currently operates according to
33 CFR 117.681. MDOT provided the
Coast Guard with a vehicle traffic study
that concluded that vehicle traffic
becomes very congested on SR 609
during morning, noon and afternoon
rush hours and that bridge openings for
vessels adds to the congestion. This
MDOT study and analysis is provided in
the docket to this temporary rule.
The 120-day temporary deviation to
the regulation will allow MDOT to
collect additional vehicle traffic data to
measure the impact of bridge closures
on traffic congestion. It will also allow
the Coast Guard to collect data on the
impact of the regulation change on
vessels.
This bridge has a vertical clearance of
26 feet above mean high water in the
closed to vessel position and unlimited
vertical clearance in the open to vessel
traffic position. From January through
December 2017 the bridge opened for
vessel traffic 267 times. During this
PO 00000
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Fmt 4700
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1401
10.82
12.81
32.07
11.11
9.56
24.97
12.81
14.68
23.97
3.61
56.69
13.10
15.81
8.33
temporary deviation the bridge will
operate as follows:
The draw of the SR 609 bascule bridge
across the Old Fort Bayou, mile 1.6,
Ocean Springs, Harrison County,
Mississippi shall open on signal; except
the draw need not open 6:30 a.m. to 8
a.m., 10:45 a.m. to 12:30 p.m., and 4
p.m. to 6 p.m. Monday through Friday
except Federal holidays. From 9 p.m. to
5 a.m. the draw shall open on signal if
at least eight-hours-notice is given. The
bridge will open on signal for
emergencies.
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 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.
II. Public Participation and Request for
Comments
Public participation is essential to
effective rulemaking. The Coast Guard
will consider all comments and material
received during the comment period. If
you submit a comment, please include
the docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
E:\FR\FM\04FER1.SGM
04FER1
1402
Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Rules and Regulations
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this
temporary rule change as being
available in this docket and all public
comments, will be in our online docket
at https://www.regulations.gov and can
be viewed by following that website’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
Dated: January 29, 2019.
Douglas Allen Blakemore, Sr.
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2019–00871 Filed 2–1–19; 8:45 am]
BILLING CODE 9110–04–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Parts 1149 and 1158
RIN 3135–AA33
Civil Penalties Adjustment for 2019
National Endowment for the
Arts, National Foundation on the Arts
and the Humanities.
ACTION: Final rule.
AGENCY:
The National Endowment for
the Arts (NEA) is adjusting the
maximum civil monetary penalties
(CMPs) that may be imposed for
violations of the Program Fraud Civil
Remedies Act (PFCRA) and the NEA’s
Restrictions on Lobbying to reflect the
requirements of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act). The 2015 Act further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act) to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
This final rule provides the 2019 annual
inflation adjustments to the initial
‘‘catch-up’’ adjustments made on June
15, 2017, and reflects all other inflation
adjustments made in the interim.
DATES: Effective date: This rule is
effective February 4, 2019. Applicability
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:02 Feb 01, 2019
Jkt 247001
date: The adjusted civil monetary
penalties established by this rule are
applicable only to civil penalties
assessed on or after January 15, 2019.
FOR FURTHER INFORMATION CONTACT:
Aswathi Zachariah, Assistant General
Counsel, National Endowment for the
Arts, 400 7th St. SW, Washington, DC
20506, Telephone: 202–682–5418.
SUPPLEMENTARY INFORMATION:
1. Background
On December 12, 2017 the NEA
issued a final rule entitled ‘‘Federal
Civil Penalties Adjustments’’ which
finalized the NEA’s June 15, 2017
interim final rule entitled
‘‘Implementing the Federal Civil
Penalties Adjustment Act Improvements
Act’’, implementing the 2015 Act
(section 701 of Pub. L. 114–74), which
amended the Inflation Adjustment Act
(28 U.S.C. 2461 note) requiring catch-up
and annual adjustments to the NEA’s
CMPs. The 2015 Act requires agencies
make annual adjustments to its CMPs
for inflation.
A CMP is defined in the Inflation
Adjustment Act as any penalty, fine, or
other sanction that is (1) for a specific
monetary amount as provided by
Federal law, or has a maximum amount
provided for by Federal law; (2)
assessed or enforced by an agency
pursuant to Federal law; and (3)
assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
These annual inflation adjustments
are based on the percentage change in
the Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October preceding the date of the
adjustment, relative to the October CPI–
U in the year of the previous
adjustment. The formula for the amount
of a CMP inflation adjustment is
prescribed by law, as explained in OMB
Memorandum M–16–06 (February 24,
2016), and therefore the amount of the
adjustment is not subject to the exercise
of discretion by the Chairman of the
National Endowment for the Arts
(Chairman).
The Office of Management and Budget
has issued guidance on implementing
and calculating the 2019 adjustment
under the 2015 Act.1 Per this guidance,
the CPI–U adjustment multiplier for this
annual adjustment is 1.02522. In its
prior rules, the NEA identified two
CMPs, which require adjustment: The
penalty for false statements under the
PFCRA and the penalty for violations of
the NEA’s Restrictions on Lobbying.
1 OMB Memorandum M–19–04 (December 14,
2018).
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
With this rule, the NEA is adjusting the
amount of those CMPs accordingly.
2. Matters Relating to the 2018–2019
Lapse in Appropriations
The 2015 Act requires adjustments to
be made no later than January 15 of
every year. Such adjustments are made
by the agency after OMB issues its
guidance delineating the applicable
year’s CPI–U adjustment multiplier.
Beginning at midnight on December 22,
2018, the agency experienced a lapse in
appropriations until January 25, 2019.
The agency was unable to complete this
rule during the period of a lapse in
appropriations. Between January 15,
2019 and the date of publication, no
CMPs have been assessed that would
have been affected by this rule.
3. Dates of Applicability
The inflation adjustments contained
in this rule shall apply to any violations
assessed after January 15, 2019.
4. Adjustments
Two CMPs in NEA regulations require
adjustment in accordance with the 2015
Act: (1) The penalty associated with the
Program Fraud Civil Remedies Act (45
CFR 1149.9) and (2) the penalty
associated with Restrictions on
Lobbying (45 CFR 1158.400; 45 CFR part
1158, app. A).
A. Adjustments to Penalties Under the
NEA’s Program Fraud Civil Remedies
Act Regulations
The current maximum penalty under
the PFCRA for false claims and
statements is currently set at $11,180.
The post-adjustment penalty or range is
obtained by multiplying the preadjustment penalty or range by the
percent change in the CPI–U over the
relevant time period and rounding to
the nearest dollar. Between October
2017 and October 2018, the CPI–U
increased by 102.522 percent. Therefore,
the new post-adjustment maximum
penalty under the PFCRA for false
statements is $11,180 × 1.02522 =
$11,461.96 which rounds to $11,462.
Therefore, the maximum penalty under
the PFCRA for false claims and
statements will be $11,462.
B. Adjustments to Penalties Under the
NEA’s Restrictions on Lobbying
Regulations
The penalty for violations of the
Restrictions on Lobbying is currently set
at a range of a minimum of $19,639 and
a maximum of $196,387. The postadjustment penalty or range is obtained
by multiplying the pre-adjustment
penalty or range by the percent change
in the CPI–U over the relevant time
E:\FR\FM\04FER1.SGM
04FER1
Agencies
[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Rules and Regulations]
[Pages 1401-1402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00871]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0988]
RIN 1625-AA09
Drawbridge Operation Regulations; Old Fort Bayou, MS
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations; request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing a temporary deviation to the
operating schedule that regulates the State Route 609 (SR 609) bascule
bridge across the Old Fort Bayou, mile 1.6 at Ocean Springs, Harrison
County, Mississippi. This deviation is needed to collect and analyze
information on vehicle traffic congestion on SR 609 created when the
drawbridge opens to vessel traffic. During this temporary deviation the
drawbridge will not open to vessel traffic during specified times.
DATES: This deviation is effective from 6 a.m. February 4, 2019 through
6 p.m. June 4, 2019.
Comments and related material must be received by the Coast Guard
on or before June 4, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0988 using 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 comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Mr. Doug Blakemore, Eighth Coast Guard
District Bridge Administrator; telephone (504) 671-2128, email
Douglas.A.Blakemore@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MDOT Mississippi Department of Transportation
NPRM Notice of proposed rulemaking
SR State Route
Sec. Section
U.S.C. United States Code
I. Background, Purpose, and Legal Basis
The Mississippi Department of Transportation (MDOT) has requested
to change the operating requirements for the SR 609 bascule bridge
across the Old Fort Bayou, mile 1.6, at Ocean Springs, Harrison County,
Mississippi. This bridge currently operates according to 33 CFR
117.681. MDOT provided the Coast Guard with a vehicle traffic study
that concluded that vehicle traffic becomes very congested on SR 609
during morning, noon and afternoon rush hours and that bridge openings
for vessels adds to the congestion. This MDOT study and analysis is
provided in the docket to this temporary rule.
The 120-day temporary deviation to the regulation will allow MDOT
to collect additional vehicle traffic data to measure the impact of
bridge closures on traffic congestion. It will also allow the Coast
Guard to collect data on the impact of the regulation change on
vessels.
This bridge has a vertical clearance of 26 feet above mean high
water in the closed to vessel position and unlimited vertical clearance
in the open to vessel traffic position. From January through December
2017 the bridge opened for vessel traffic 267 times. During this
temporary deviation the bridge will operate as follows:
The draw of the SR 609 bascule bridge across the Old Fort Bayou,
mile 1.6, Ocean Springs, Harrison County, Mississippi shall open on
signal; except the draw need not open 6:30 a.m. to 8 a.m., 10:45 a.m.
to 12:30 p.m., and 4 p.m. to 6 p.m. Monday through Friday except
Federal holidays. From 9 p.m. to 5 a.m. the draw shall open on signal
if at least eight-hours-notice is given. The bridge will open on signal
for emergencies.
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 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.
II. Public Participation and Request for Comments
Public participation is essential to effective rulemaking. The
Coast Guard will consider all comments and material received during the
comment period. If you submit a comment, please include the docket
number for this rulemaking, indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
[[Page 1402]]
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this temporary rule change as being
available in this docket and all public comments, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign up for email alerts, you will be notified when comments
are posted or a final rule is published.
Dated: January 29, 2019.
Douglas Allen Blakemore, Sr.
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2019-00871 Filed 2-1-19; 8:45 am]
BILLING CODE 9110-04-P