80_FR_30258 80 FR 30157 - Drawbridge Operation Regulations; James River, Isle of Wight and Newport News, VA

80 FR 30157 - Drawbridge Operation Regulations; James River, Isle of Wight and Newport News, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 101 (May 27, 2015)

Page Range30157-30158
FR Document2015-12737

The Coast Guard has issued a temporary deviation from the operating schedule that governs the James River Draw Bridge across the James River, mile 5.0, between Isle of Wight and Newport News, VA. This deviation is necessary to facilitate electrical repairs to the south tower of the bridge. This deviation allows the bridge to remain in the closed-to-navigation position.

Federal Register, Volume 80 Issue 101 (Wednesday, May 27, 2015)
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Rules and Regulations]
[Pages 30157-30158]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12737]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0402]


Drawbridge Operation Regulations; James River, Isle of Wight and 
Newport News, VA

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 James River Draw Bridge across the 
James River, mile 5.0, between Isle of Wight and Newport News, VA. This 
deviation is necessary to facilitate electrical repairs to the south 
tower of the bridge. This deviation allows the bridge to remain in the 
closed-to-navigation position.

DATES: This deviation is effective from 8 a.m. to 8 p.m. on June 8, 
2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0402], is

[[Page 30158]]

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. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

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. If you have questions on viewing the 
docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation, 
who owns and operates the James River Draw Bridge, has requested a 
temporary deviation from the current operating regulations set out in 
33 CFR 117.5, to facilitate electrical repairs on the south tower of 
the bridge.
    Under the regular operating schedule, the James River Draw Bridge, 
mile 5.0, between Isle of Wight and Newport News, VA, opens on signal. 
The bridge is a vertical lift draw bridge and has a vertical clearance 
in the closed position of 60 feet above mean high water.
    Under this temporary deviation, the bridge will be closed to 
navigation from 8 a.m. to 8 p.m. on June 8, 2015.
    The James River is used by a variety of vessels including 
freighters, tugs, and recreational vessels. The Coast Guard has 
carefully coordinated the restrictions with commercial and recreational 
waterway users.
    Vessels able to pass through the bridge in the closed position may 
do so at any time. The bridge will not be able to open for emergencies 
and there is no alternate route for vessels to pass for vessels unable 
to pass through the bridge in the closed position. The Coast Guard will 
also inform the users of the waterways through our Local and Broadcast 
Notice to Mariners of the change in operating schedule for the bridge 
so that vessels can arrange their transits to minimize any impacts 
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: May 15, 2015.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2015-12737 Filed 5-26-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations                                                30157

                                                compliance with, Federal regulations to                 9. Civil Justice Reform                               List of Subjects in 33 CFR Part 100
                                                the Small Business and Agriculture                                                                              Marine safety, Navigation (water),
                                                Regulatory Enforcement Ombudsman                          This rule meets applicable standards
                                                                                                        in sections 3(a) and 3(b)(2) of Executive             Reporting and recordkeeping
                                                and the Regional Small Business                                                                               requirements, Waterways.
                                                Regulatory Fairness Boards. The                         Order 12988, Civil Justice Reform, to
                                                Ombudsman evaluates these actions                       minimize litigation, eliminate                          For the reasons discussed in the
                                                annually and rates each agency’s                        ambiguity, and reduce burden.                         preamble, the Coast Guard amends 33
                                                responsiveness to small business. If you                                                                      CFR part 100 as follows:
                                                                                                        10. Protection of Children From
                                                wish to comment on actions by                           Environmental Health Risks                            PART 100—SAFETY OF LIFE ON
                                                employees of the Coast Guard, call 1–                                                                         NAVIGABLE WATERS
                                                888–REG–FAIR (1–888–734–3247). The                        We have analyzed this rule under
                                                Coast Guard will not retaliate against                  Executive Order 13045, Protection of                  ■ 1. The authority citation for part 100
                                                small entities that question or complain                Children from Environmental Health                    continues to read as follows:
                                                about this rule or any policy or action                 Risks and Safety Risks. This rule is not
                                                                                                        an economically significant rule and                      Authority: 33 U.S.C. 1233.
                                                of the Coast Guard.
                                                                                                        does not create an environmental risk to              ■ 2. Amend § 100.1302 by revising
                                                4. Collection of Information                            health or risk to safety that may                     paragraph (c) to read as follows:
                                                  This rule will not call for a new                     disproportionately affect children.
                                                                                                                                                              § 100.1302 Special Local Regulation,
                                                collection of information under the                     11. Indian Tribal Governments                         Annual Dragon Boat Races, Portland,
                                                Paperwork Reduction Act of 1995 (44                                                                           Oregon.
                                                U.S.C. 3501–3520).                                         This rule does not have tribal                     *      *    *     *    *
                                                                                                        implications under Executive Order                       (c) Enforcement period. The event is
                                                5. Federalism                                           13175, Consultation and Coordination                  a two-day event which will be enforced
                                                   A rule has implications for federalism               with Indian Tribal Governments,                       one weekend in June each year. The
                                                under Executive Order 13132,                            because it does not have a substantial                specific dates will be published each
                                                Federalism, if it has a substantial direct              direct effect on one or more Indian                   year in the Federal Register. In 2015,
                                                effect on the States, on the relationship               tribes, on the relationship between the               this section will be enforced from 7:00
                                                between the national government and                     Federal Government and Indian tribes,                 a.m. until 6:00 p.m. on Saturday June 6,
                                                the States, or on the distribution of                   or on the distribution of power and                   2015 and Sunday June 7, 2015.
                                                power and responsibilities among the                    responsibilities between the Federal
                                                                                                                                                              *      *    *     *    *
                                                various levels of government. We have                   Government and Indian tribes.
                                                                                                                                                                Dated: May 7, 2015.
                                                analyzed this rule under that Order and                 12. Energy Effects
                                                determined that this rule does not have                                                                       D.J. Travers,
                                                implications for federalism.                              This action is not a ‘‘significant                  Captain, U.S. Coast Guard, Captain of the
                                                                                                        energy action’’ under Executive Order                 Port, Sector Columbia River.
                                                6. Protest Activities                                   13211, Actions Concerning Regulations                 [FR Doc. 2015–12639 Filed 5–26–15; 8:45 am]
                                                  The Coast Guard respects the First                    That Significantly Affect Energy Supply,              BILLING CODE 9110–04–P

                                                Amendment rights of protesters.                         Distribution, or Use.
                                                Protesters are asked to contact the                     13. Technical Standards
                                                person listed in the FOR FURTHER                                                                              DEPARTMENT OF HOMELAND
                                                INFORMATION CONTACT section to                            This rule does not use technical                    SECURITY
                                                coordinate protest activities so that your              standards. Therefore, we did not                      Coast Guard
                                                message can be received without                         consider the use of voluntary consensus
                                                jeopardizing the safety or security of                  standards.                                            33 CFR Part 117
                                                people, places or vessels.
                                                                                                        14. Environment                                       [Docket No. USCG–2015–0402]
                                                7. Unfunded Mandates Reform Act
                                                                                                          We have analyzed this rule under
                                                                                                                                                              Drawbridge Operation Regulations;
                                                  The Unfunded Mandates Reform Act                      Department of Homeland Security
                                                                                                                                                              James River, Isle of Wight and
                                                of 1995 (2 U.S.C. 1531–1538) requires                   Management Directive 023–01 and
                                                                                                                                                              Newport News, VA
                                                Federal agencies to assess the effects of               Commandant Instruction M16475.lD,
                                                their discretionary regulatory actions. In              which guide the Coast Guard in                        AGENCY: Coast Guard, DHS.
                                                particular, the Act addresses actions                   complying with the National                           ACTION:Notice of deviation from
                                                that may result in the expenditure by a                 Environmental Policy Act of 1969                      drawbridge regulation.
                                                State, local, or tribal government, in the              (NEPA) (42 U.S.C. 4321–4370f), and
                                                aggregate, or by the private sector of                  have determined that this action is one               SUMMARY:   The Coast Guard has issued a
                                                $100,000,000 (adjusted for inflation) or                of a category of actions that do not                  temporary deviation from the operating
                                                more in any one year. Though this rule                  individually or cumulatively have a                   schedule that governs the James River
                                                will not result in such an expenditure,                 significant effect on the human                       Draw Bridge across the James River,
                                                we do discuss the effects of this rule                  environment. This rule involves the                   mile 5.0, between Isle of Wight and
                                                elsewhere in this preamble.                             revision of the enforcement period of a               Newport News, VA. This deviation is
                                                                                                        special local regulation in 33 CFR                    necessary to facilitate electrical repairs
                                                8. Taking of Private Property
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                                                                                                        100.1302(c). This rule is categorically               to the south tower of the bridge. This
                                                  This rule will not cause a taking of                  excluded from further review under                    deviation allows the bridge to remain in
                                                private property or otherwise have                      paragraph 34(h) of Figure 2–1 of the                  the closed-to-navigation position.
                                                taking implications under Executive                     Commandant Instruction. We seek any                   DATES: This deviation is effective from
                                                Order 12630, Governmental Actions and                   comments or information that may lead                 8 a.m. to 8 p.m. on June 8, 2015.
                                                Interference with Constitutionally                      to the discovery of a significant                     ADDRESSES: The docket for this
                                                Protected Property Rights.                              environmental impact from this rule.                  deviation, [USCG–2015–0402], is


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                                                30158            Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations

                                                available at http://www.regulations.gov.                  Dated: May 15, 2015.                                SUPPLEMENTARY INFORMATION:
                                                Type the docket number in the                           Hal R. Pitts,
                                                                                                                                                              Table of Acronyms
                                                ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                    Bridge Program Manager, Fifth Coast Guard
                                                Click on Open Docket Folder on the line                 District.                                             AHP Above Head of Passes
                                                associated with this deviation. You may                 [FR Doc. 2015–12737 Filed 5–26–15; 8:45 am]           COTP Captain of the Port
                                                also visit the Docket Management                                                                              DHS Department of Homeland Security
                                                                                                        BILLING CODE 9110–04–P
                                                                                                                                                              FR Federal Register
                                                Facility in Room W12–140 on the                                                                               MM Mile Marker
                                                ground floor of the Department of                                                                             NPRM Notice of Proposed Rulemaking
                                                Transportation West Building, 1200                      DEPARTMENT OF HOMELAND
                                                New Jersey Avenue SE., Washington,                      SECURITY                                              A. Regulatory History and Information
                                                DC 20590, between 9 a.m. and 5 p.m.,                                                                             On March 25, 2015, the Coast Guard
                                                Monday through Friday, except Federal                   Coast Guard                                           published an NPRM entitled Safety
                                                holidays.                                                                                                     Zones; Captain of the Port New Orleans
                                                                                                        33 CFR Part 165                                       Zone in the Federal Register (80 FR
                                                FOR FURTHER INFORMATION CONTACT: If
                                                you have questions on this temporary                    [Docket Number USCG–2014–1069]                        15705). We did not receive any
                                                deviation, call or email Mr. Hal R. Pitts,                                                                    comments in response to the proposed
                                                                                                        RIN 1625–AA00
                                                Bridge Administration Branch Fifth                                                                            rule. No public meeting was requested
                                                District, Coast Guard; telephone (757)                  Safety Zones, Captain of the Port New                 and none were held.
                                                398–6222, email Hal.R.Pitts@uscg.mil. If                                                                         Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                        Orleans Zone
                                                you have questions on viewing the                                                                             Guard finds that good cause exists for
                                                docket, call Cheryl Collins, Program                    AGENCY:    Coast Guard, DHS.                          making this rule effective less than 30
                                                Manager, Docket Operations, telephone                   ACTION:   Temporary final rule.                       days after publication in the Federal
                                                202–366–9826.                                                                                                 Register. Providing a full 30 days notice
                                                                                                        SUMMARY:   The Coast Guard is                         is contrary to the public interest as it
                                                SUPPLEMENTARY INFORMATION: The                          establishing temporary safety zones for               would delay the effectiveness of a
                                                Virginia Department of Transportation,                  multiple locations and dates within the               portion of the safety zones until after the
                                                who owns and operates the James River                   Captain of the Port New Orleans zone.                 planned fireworks events. Immediate
                                                Draw Bridge, has requested a temporary                  These safety zones are necessary to                   action is needed to protect vessels and
                                                deviation from the current operating                    protect persons and vessels from                      mariners from the safety hazards
                                                regulations set out in 33 CFR 117.5, to                 potential safety hazards associated with              associated with aerial fireworks displays
                                                facilitate electrical repairs on the south              fireworks displays on or over Federal                 over a waterway when large
                                                tower of the bridge.                                    waterways. Entry into these zones is                  concentrations of spectators are
                                                   Under the regular operating schedule,                prohibited unless specifically                        expected. The Coast Guard did not
                                                the James River Draw Bridge, mile 5.0,                  authorized by the Captain of the Port                 receive any comments on the proposed
                                                between Isle of Wight and Newport                       (COTP) New Orleans or a designated                    rule following the publication of the
                                                News, VA, opens on signal. The bridge                   representative.                                       NPRM. The Coast Guard will give actual
                                                is a vertical lift draw bridge and has a
                                                                                                        DATES: This rule is effective without                 notice to the public and maritime
                                                vertical clearance in the closed position
                                                                                                        actual notice from May 27, 2015 until                 community that each safety zone will be
                                                of 60 feet above mean high water.
                                                                                                        July 4, 2015. For the purposes of                     in effect and of the enforcement periods
                                                   Under this temporary deviation, the
                                                                                                        enforcement, actual notice will be used               via broadcast notices to mariners.
                                                bridge will be closed to navigation from
                                                8 a.m. to 8 p.m. on June 8, 2015.                       from April 24, 2015 until May 27, 2015.               B. Basis and Purpose
                                                   The James River is used by a variety                 ADDRESSES: Documents mentioned in
                                                                                                                                                                The legal basis and authorities for this
                                                of vessels including freighters, tugs, and              this preamble are part of docket [USCG–
                                                                                                                                                              rule are found in 33 U.S.C. 1231; 50
                                                recreational vessels. The Coast Guard                   2014–1069]. To view documents
                                                                                                                                                              U.S.C. 191; 33 CFR 1.05–1; 6.04–1,
                                                has carefully coordinated the                           mentioned in this preamble as being
                                                                                                                                                              6.04–6, and 160.5; Department of
                                                restrictions with commercial and                        available in the docket, go to http://
                                                                                                                                                              Homeland Security Delegation No.
                                                recreational waterway users.                            www.regulations.gov, type the docket
                                                                                                                                                              0170.1, which collectively authorize the
                                                   Vessels able to pass through the                     number in the ‘‘SEARCH’’ box and click
                                                                                                                                                              Coast Guard to establish and define
                                                bridge in the closed position may do so                 ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                                                              safety zones.
                                                at any time. The bridge will not be able                Folder on the line associated with this                 The Coast Guard has determined that
                                                to open for emergencies and there is no                 rulemaking. You may also visit the                    temporary safety zones are necessary to
                                                alternate route for vessels to pass for                 Docket Management Facility in Room                    promote the safety of life on navigable
                                                vessels unable to pass through the                      W12–140 on the ground floor of the                    waterways within the COTP New
                                                bridge in the closed position. The Coast                Department of Transportation West                     Orleans Zone during these events due to
                                                Guard will also inform the users of the                 Building, 1200 New Jersey Avenue SE.,                 the potentially hazardous conditions
                                                waterways through our Local and                         Washington, DC 20590, between 9 a.m.                  caused by the fireworks and the high
                                                Broadcast Notice to Mariners of the                     and 5 p.m., Monday through Friday,                    volume of spectators that are
                                                change in operating schedule for the                    except Federal holidays.                              anticipated.
                                                bridge so that vessels can arrange their                FOR FURTHER INFORMATION CONTACT: If
                                                transits to minimize any impacts caused                 you have questions on this rule, call or              C. Discussion of the Final Rule
                                                by the temporary deviation.                             email Lieutenant Commander (LCDR)                        The Coast Guard is establishing five
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                                                   In accordance with 33 CFR 117.35(e),                 James Gatz, Sector New Orleans, at (504)              temporary safety zones within the
                                                the drawbridge must return to its regular               365–2281 or James.C.Gatz@uscg.mil. If                 Captain of the Port (COTP) New Orleans
                                                operating schedule immediately at the                   you have questions on viewing or                      Zone between April 27, 2015 and July
                                                end of the effective period of this                     submitting material to the docket, call               4, 2015.
                                                temporary deviation. This deviation                     Cheryl F. Collins, Program Manager,                      The events to be covered by this rule
                                                from the operating regulations is                       Docket Operations, telephone (202)                    will be enforced on the respective dates
                                                authorized under 33 CFR 117.35.                         366–9826.                                             listed in the table below.


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Document Created: 2015-12-15 15:35:55
Document Modified: 2015-12-15 15:35:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of deviation from drawbridge regulation.
DatesThis deviation is effective from 8 a.m. to 8 p.m. on June 8, 2015.
ContactIf 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] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 30157 

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