80 FR 35243 - Drawbridge Operation Regulation; Isle of Wight (Sinepuxent) Bay, Ocean City, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 118 (June 19, 2015)
Coast Guard
Federal Register Volume 80, Issue 118 (June 19, 2015)
| Page Range | 35243-35244 | |
| FR Document | 2015-15082 |
[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)] [Rules and Regulations] [Pages 35243-35244] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15082] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0521] Drawbridge Operation Regulation; Isle of Wight (Sinepuxent) Bay, Ocean City, MD 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 US Route 50 Bridge across the Isle of Wight (Sinepuxent) Bay, mile 0.5, at Ocean City, MD. The deviation is necessary to facilitate the Annual July 4th Fireworks show. This deviation allows the bridge to remain closed to navigation to accommodate heavy volumes of vehicular traffic following the fireworks show. DATES: This deviation is effective from 9:30 p.m. to 11:30 p.m. on July 4, 2015. ADDRESSES: The docket for this deviation, [USCG-2015-0521] 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. 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 Traci Whitfield, Bridge Management Assistant, Fifth Coast Guard District, telephone (757) 398-6629, email [email protected]. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: The Ocean City Police Department on behalf of the Maryland State Highway Administration, has requested a temporary deviation from the current operating regulation of the US Route 50 Bridge across Isle of Wight (Sinepuxent) Bay, mile 0.5, at Ocean City, MD. This temporary deviation allows the US Route 50 Bridge to remain closed to navigation from 9:30 p.m. to 11:30 p.m. on July 4, 2015. This is an additional 30 minutes before and after the normal operating schedule for this bridge during that time. This additional closure has been requested to ensure the safety of spectators that attend the annual Ocean City July 4th fireworks show and allow for the heavy volume of vehicular traffic that transit across the drawbridge. For these reasons, should inclement weather prevent the fireworks event from taking place as planned, this deviation permits the bridge to remain closed from 9:30 p.m. to 11:30 p.m. on July 5th, 2015. The vertical clearance of this bascule bridge is 13 feet above mean high water in the closed position and unlimited in the open position. The current operating regulation is outlined at 33 CFR 117.559(c), which allows the bridge to remain closed to navigation from 10 p.m. to 11 p.m. to accommodate the annual July 4th fireworks show Vessels able to pass under the bridge in the closed position may do so at any time. The bridge will be able to open for emergencies and the Atlantic Ocean can be used as an alternate route for vessels with mast heights greater than 13 feet. 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 from the operating regulations is authorized under 33 CFR 117.35. [[Page 35244]] Dated: June 15, 2015. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2015-15082 Filed 6-18-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations 35243
would not create an environmental risk ■ 2. In § 33 CFR 117.215, revise deviation, call or email Traci Whitfield,
to health or risk to safety that might paragraph (a) to read as follows: Bridge Management Assistant, Fifth
disproportionately affect children. Coast Guard District, telephone (757)
§ 117.215 Niantic River.
11. Indian Tribal Governments 398–6629, email Traci.G.Whitfield@
(a) The draw of the Amtrak Bridge, uscg.mil. If you have questions on
This rule does not have tribal mile 0.0, at Niantic, shall open on signal
viewing the docket, call Cheryl Collins,
implications under Executive Order at all times. When a train scheduled to
Program Manager, Docket Operations,
13175, Consultation and Coordination cross the bridge without stopping has
telephone (202) 366–9826.
with Indian Tribal Governments, entered the drawbridge block, a delay in
because it does not have a substantial opening the draw may occur until the SUPPLEMENTARY INFORMATION: The Ocean
direct effect on one or more Indian train has cleared the block. The delay City Police Department on behalf of the
tribes, on the relationship between the should not exceed 10 minutes. Maryland State Highway
Federal Government and Indian tribes, * * * * * Administration, has requested a
or on the distribution of power and Dated: June 9, 2015. temporary deviation from the current
responsibilities between the Federal L.L. Fagan, operating regulation of the US Route 50
Government and Indian tribes. Rear Admiral, U.S. Coast Guard, Commander, Bridge across Isle of Wight (Sinepuxent)
12. Energy Effects First Coast Guard District. Bay, mile 0.5, at Ocean City, MD. This
[FR Doc. 2015–15190 Filed 6–18–15; 8:45 am] temporary deviation allows the US
This action is not a ‘‘significant Route 50 Bridge to remain closed to
BILLING CODE 9110–04–P
energy action’’ under Executive order navigation from 9:30 p.m. to 11:30 p.m.
13211, Actions Concerns Regulations on July 4, 2015. This is an additional 30
That Significantly Affect Energy Supply, DEPARTMENT OF HOMELAND minutes before and after the normal
Distribution, or Use. SECURITY operating schedule for this bridge
13. Technical Standards during that time. This additional closure
Coast Guard has been requested to ensure the safety
This rule does not use technical of spectators that attend the annual
standards. Therefore, we did not 33 CFR Part 117 Ocean City July 4th fireworks show and
consider the use of voluntary consensus
[Docket No. USCG–2015–0521] allow for the heavy volume of vehicular
standards.
traffic that transit across the drawbridge.
14. Environment Drawbridge Operation Regulation; Isle For these reasons, should inclement
of Wight (Sinepuxent) Bay, Ocean City, weather prevent the fireworks event
We have analyzed this rule under MD
Department of Homeland Security from taking place as planned, this
Management Directive 023–01 and AGENCY: Coast Guard, DHS. deviation permits the bridge to remain
Commandant Instruction M16475.lD, ACTION:Notice of deviation from closed from 9:30 p.m. to 11:30 p.m. on
which guides the Coast Guard in drawbridge regulation. July 5th, 2015.
complying with the National The vertical clearance of this bascule
Environmental Policy Act of 1969 SUMMARY: The Coast Guard has issued a bridge is 13 feet above mean high water
(NEPA) (42 U.S.C. 4321–4370f), and temporary deviation from the operating
in the closed position and unlimited in
have concluded that this action is one schedule that governs the US Route 50
the open position. The current operating
of a category of actions which do not Bridge across the Isle of Wight
regulation is outlined at 33 CFR
individually or cumulatively have a (Sinepuxent) Bay, mile 0.5, at Ocean
City, MD. The deviation is necessary to 117.559(c), which allows the bridge to
significant effect on the human remain closed to navigation from 10
environment. This rule simply facilitate the Annual July 4th Fireworks
show. This deviation allows the bridge p.m. to 11 p.m. to accommodate the
promulgates the operating regulations or
to remain closed to navigation to annual July 4th fireworks show
procedures for drawbridges. This rule is
categorically excluded, under figure 2– accommodate heavy volumes of Vessels able to pass under the bridge
1, paragraph (32)(e), of the Instruction. vehicular traffic following the fireworks in the closed position may do so at any
Under figure 2–1, paragraph (32)(e), of show. time. The bridge will be able to open for
the Instruction, an environmental DATES: This deviation is effective from emergencies and the Atlantic Ocean can
analysis checklist and a categorical 9:30 p.m. to 11:30 p.m. on July 4, 2015. be used as an alternate route for vessels
exclusion determination are not ADDRESSES: The docket for this with mast heights greater than 13 feet.
required for this rule. deviation, [USCG–2015–0521] is The Coast Guard will also inform the
available at http://www.regulations.gov. users of the waterways, through our
List of Subjects in 33 CFR Part 117
Type the docket number in the Local and Broadcast Notices to
Bridges. ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Mariners, of the change in operating
For the reasons discussed in the Click on Open Docket Folder on the line schedule for the bridge so that vessels
preamble, the Coast Guard amends 33 associated with this deviation. You may can arrange their transits to minimize
CFR part 117 as follows: also visit the Docket Management any impact caused by the temporary
Facility in Room W12–140 on the deviation.
PART 117—DRAWBRIDGE ground floor of the Department of
Transportation West Building, 1200 In accordance with 33 CFR 117.35(e),
OPERATION REGULATIONS
rmajette on DSK2TPTVN1PROD with RULES
New Jersey Avenue SE., Washington, the drawbridge must return to its regular
■ 1. The authority citation for part 117 DC 20590, between 9 a.m. and 5 p.m., operating schedule immediately at the
continues to read as follows: Monday through Friday, except Federal end of the effective period of this
holidays. temporary deviation. This deviation
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
FOR FURTHER INFORMATION CONTACT: If
from the operating regulations is
Department of Homeland Security Delegation
No. 0170.1. you have questions on this temporary authorized under 33 CFR 117.35.
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![35244 Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
Dated: June 15, 2015. A. Regulatory History and Information fatalities. Establishing a safety zone
Hal R. Pitts, The Coast Guard is issuing this final around the launch site will help ensure
Bridge Program Manager, Fifth Coast Guard rule without prior notice and the safety of persons and recreational
District. opportunity to comment pursuant to boats during the fireworks display.
[FR Doc. 2015–15082 Filed 6–18–15; 8:45 am] authority under section 4(a) of the C. Discussion of the Final Rule
BILLING CODE 9110–04–P Administrative Procedure Act (APA) (5
In light of the aforementioned
U.S.C. 553(b)). This provision
hazards, the Captain of the Port Duluth
authorizes an agency to issue a rule
DEPARTMENT OF HOMELAND has determined that a temporary safety
without prior notice and opportunity to
SECURITY zone is necessary to ensure the safety of
comment when the agency for good
spectators and participants during the
cause finds that those procedures are
Coast Guard fireworks display. This safety zone will
‘‘impracticable, unnecessary, or contrary
encompass all waters of the Portage
to the public interest.’’ Under 5 U.S.C.
33 CFR Part 165 Canal within an area bounded by a
553(b)(B), the Coast Guard finds that
circle with a 280 foot radius at position
[Docket Number USCG–2015–0531] good cause exists for not publishing a
47° 07′ 22″ N, 088° 35′ 39″ W.
notice of proposed rulemaking (NPRM) Entry into, transiting, or anchoring
RIN 1625–AA00 with respect to this rule because doing within the safety zone is prohibited
so would be impracticable and contrary unless authorized by the Captain of the
Safety Zone; Bridgefest Regatta to the public interest. In May of this
Fireworks, Portage Canal, Hancock, MI Port Duluth or his designated on-scene
year, the Coast Guard discovered an representative. The Captain of the Port
AGENCY: Coast Guard, DHS. error in the coordinates for the safety or his designated on-scene
zone for the Bridgefest Regatta representative may be contacted via
ACTION: Temporary final rule. Fireworks in 33 CFR 165.943(a)(1). On VHF Channel 16.
SUMMARY: The Coast Guard is May 4, 2015, the COTP Duluth signed
establishing a safety zone in the Portage a NPRM to correct the error (USCG– D. Regulatory Analyses
Canal near Hancock, MI. This safety 2015–0215). This NPRM has yet to We developed this rule after
zone is intended to restrict vessels from publish in the Federal Register. Because considering numerous statutes and
specified waters in the Portage Canal the fireworks event is scheduled for executive orders related to rulemaking.
during the Bridgefest Regatta Fireworks June 20, 2015, there is insufficient time Below we summarize our analyses
Display. This safety zone is necessary to to accommodate the comment period. based on 13 of these statutes or
protect spectators from the hazards Thus, delaying the effective date of this executive orders.
associated with the fireworks display. rule to wait for the comment period to
run would be both impracticable and 1. Regulatory Planning and Review
DATES: This rule is effective from 10
contrary to the public interest because it This rule is not a significant
p.m. to 11 p.m. on June 20, 2015.
would inhibit the Coast Guard’s ability regulatory action under section 3(f) of
ADDRESSES: Documents mentioned in to protect spectators and vessels from Executive Order 12866, Regulatory
this preamble are part of docket [USCG– the hazards associated with the Planning and Review, as supplemented
2015–0531]. To view documents fireworks display. by Executive Order 13563, Improving
mentioned in this preamble as being Under 5 U.S.C. 553(d)(3), the Coast Regulation and Regulatory Review, and
available in the docket, go to http:// Guard finds that good cause exists for does not require an assessment of
www.regulations.gov, type the docket making this rule effective less than 30 potential costs and benefits under
number in the ‘‘SEARCH’’ box and click days after publication in the Federal section 6(a)(3) of Executive Order 12866
‘‘SEARCH.’’ Click on Open Docket Register. For the same reasons or under section 1 of Executive Order
Folder on the line associated with this discussed in the preceding paragraph, 13563. The Office of Management and
rulemaking. You may also visit the waiting for a 30 day notice period to run Budget has not reviewed it under those
Docket Management Facility in Room would be impracticable and contrary to Orders.
W12–140 on the ground floor of the the public interest. We conclude that this rule is not a
Department of Transportation West significant regulatory action because we
Building, 1200 New Jersey Avenue SE., B. Basis and Purpose
anticipate that it will have minimal
Washington, DC 20590, between 9 a.m. The legal basis and authorities for this impact on the economy, will not
and 5 p.m., Monday through Friday, rule are found in 33 U.S.C. 1231, 46 interfere with other agencies, will not
except Federal holidays. U.S.C. Chapter 701, 3306, 3703; 50 adversely alter the budget of any grant
FOR FURTHER INFORMATION CONTACT: If U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, or loan recipients, and will not raise any
you have questions on this rule, call or 6.04–6, and 160.5; Pub. L. 107–295, 116 novel legal or policy issues. The safety
email Chief Petty Officer Aaron Woof, Stat. 2064; and Department of zone created by this rule will be
Waterways management, MSU Duluth, Homeland Security Delegation No. relatively small and enforced for an
Coast Guard; telephone 218–725–3821, 0170.1, which collectively authorize the hour on a single day. Under certain
email Aaron.M.Woof@uscg.mil. If you Coast Guard to establish and define conditions, moreover, vessels may still
have questions on viewing or submitting regulatory safety zones. transit through the safety zone when
material to the docket, call Cheryl Between 10 p.m. and 11 p.m. on June permitted by the Captain of the Port.
Collins, Program Manager, Docket 20, 2015, Bridgefest Regatta fireworks
display will take place within the 2. Impact on Small Entities
rmajette on DSK2TPTVN1PROD with RULES
Operations, telephone 1–800–647–5527.
SUPPLEMENTARY INFORMATION: Portage Canal in Hancock, MI. The The Regulatory Flexibility Act of 1980
likely combination of recreation vessels, (RFA), 5 U.S.C. 601–612, as amended,
Table of Acronyms darkness punctuated by bright flashes of requires federal agencies to consider the
DHS Department of Homeland Security light, and fireworks debris falling into potential impact of regulations on small
FR Federal Register the water presents risks of collisions entities during rulemaking. The Coast
NPRM Notice of Proposed Rulemaking which could result in serious injuries or Guard certifies under 5 U.S.C. 605(b)
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Document Created: 2018-02-22 11:10:01
Document Modified: 2018-02-22 11:10:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of deviation from drawbridge regulation. | |
| Dates | This deviation is effective from 9:30 p.m. to 11:30 p.m. on July 4, 2015. | |
| Contact | If you have questions on this temporary deviation, call or email Traci Whitfield, Bridge Management Assistant, Fifth Coast Guard District, telephone (757) 398-6629, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. | |
| FR Citation | 80 FR 35243 |
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