80 FR 67316 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, Portsmouth and Chesapeake, VA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 211 (November 2, 2015)
Coast Guard
Federal Register Volume 80, Issue 211 (November 2, 2015)
| Page Range | 67316-67317 | |
| FR Document | 2015-27774 |
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)] [Rules and Regulations] [Pages 67316-67317] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27774] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0980] Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, Portsmouth and Chesapeake, VA AGENCY: Coast Guard, DHS. ACTION: Notice of deviation from drawbridge regulations. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Belt Line Railroad Bridge across the South Branch of the Elizabeth River, mile 2.6, between Portsmouth and Chesapeake, VA. This deviation allows the bridge to remain in the closed-to-navigation position to facilitate a tie replacement project. DATES: This deviation is effective without actual notice from November 2, 2015 until 7 p.m. on November 5, 2015. For the purposes of enforcement, actual notice will be used from 11 a.m. on October 29, 2015, until November 2, 2015. ADDRESSES: The docket for this deviation, [USCG-2015-0980], 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. Hal R. Pitts, Bridge Administration Branch Fifth District, Coast Guard; telephone (757) 398- 6222, email Hal.R.Pitts@uscg.mil. SUPPLEMENTARY INFORMATION: The Norfolk and Portsmouth Belt Line Railroad Company, who owns and operates the Belt Line Railroad Bridge, has requested a temporary deviation from the current operating regulations to facilitate a tie replacement project on the bridge. The bridge is a vertical lift draw bridge and has a vertical clearance in the closed position of 6 feet above mean high water. The current operating schedule is set out in 33 CFR 117.997(a). Under this temporary deviation, the bridge will remain in the closed- to-navigation position from 11 a.m. to 7 p.m., except for scheduled daily openings at 2 p.m. and 5 p.m., from October 29, 2015 through November 5, 2015. During this temporary deviation, the bridge will operate per 33 CFR 117.997(a) from 7 p.m. to 11 a.m. The South Branch of the Elizabeth River is used by a variety of vessels including deep draft ocean-going vessels, U.S. government vessels, small commercial vessels, recreational vessels and tug and barge traffic. 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 anytime. The bridge will be able to open for emergencies and there is no alternate route 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 [[Page 67317]] can arrange their transits to minimize any impacts caused by this 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 27, 2015. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2015-27774 Filed 10-30-15; 8:45 am] BILLING CODE 9110-04-P
![67316 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations
records. The appropriate symbol as the appropriate places in the visa by schedule that governs the Belt Line
prescribed in § 41.12, showing the day, month, and year in that order. The Railroad Bridge across the South Branch
classification of the alien, shall be standard three letter abbreviation for the of the Elizabeth River, mile 2.6, between
entered on the visa. month shall be used in all cases. Portsmouth and Chesapeake, VA. This
(b) Cases in which a physical visa is (f) Restriction to specified port(s) of deviation allows the bridge to remain in
not placed in passport. In the following entry. If a nonimmigrant visa is valid for the closed-to-navigation position to
cases a physical visa shall be placed on admission only at one or more specified facilitate a tie replacement project.
the prescribed Form DS–232. In issuing ports of entry, the names of those ports DATES: This deviation is effective
such a visa, a notation shall be made on shall be entered in the annotation field. without actual notice from November 2,
the Form DS–232 on which the visa is In cases where there is insufficient room 2015 until 7 p.m. on November 5, 2015.
placed, specifying the pertinent to list the port(s) of entry, they shall be For the purposes of enforcement, actual
subparagraph of this paragraph under listed by hand on a clean passport page. notice will be used from 11 a.m. on
which the action is taken. Reference shall be made in the visa’s October 29, 2015, until November 2,
(1) The alien’s passport was issued by annotation field citing the passport page 2015.
a government with which the United upon which the port(s) of entry are
ADDRESSES: The docket for this
States does not have formal diplomatic listed.
(g) Delivery of visa. In issuing a deviation, [USCG–2015–0980], is
relations, unless the Department has available at http://www.regulations.gov.
specifically authorized the placing of nonimmigrant visa, the consular officer
should deliver the passport containing Type the docket number in the
the visa in such passport; ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
(2) The passport requirement has been the visa, or the prescribed Form DS–232
which bears the visa, to the alien or to Click on Open Docket Folder on the line
waived; or associated with this deviation.
(3) In other cases as authorized by the the alien’s authorized representative.
Any relevant evidence furnished by the FOR FURTHER INFORMATION CONTACT: If
Department.
(c) Visa format. A machine-readable alien in accordance with § 41.103(b) you have questions on this temporary
visa shall be in the format designated by should be retained, as required or deviation, call or email Mr. Hal R. Pitts,
the Department, and contain, at a necessary. Bridge Administration Branch Fifth
(h) Disposition of supporting District, Coast Guard; telephone (757)
minimum, the following data:
(1) Full name of the applicant; documents. Original supporting 398–6222, email Hal.R.Pitts@uscg.mil.
(2) Visa type/class; documents furnished by the alien SUPPLEMENTARY INFORMATION: The
(3) Location of the visa issuing office; should be returned for presentation, if Norfolk and Portsmouth Belt Line
(4) Passport number; necessary, to the immigration Railroad Company, who owns and
(5) Sex; authorities at the port of entry. operates the Belt Line Railroad Bridge,
(6) Date of birth; Duplicate copies may be retained in the has requested a temporary deviation
(7) Nationality; consular system, as required or from the current operating regulations to
(8) Number of applications for necessary. facilitate a tie replacement project on
admission authorized, or the letter ‘‘M’’ (i) Review of nonimmigrant visa the bridge. The bridge is a vertical lift
for multiple applications for admission issuances. Nonimmigrant visa issuances draw bridge and has a vertical clearance
authorized; must be reviewed, in accordance with in the closed position of 6 feet above
(9) Date of issuance; guidance by the Secretary of State, by mean high water.
(10) Date of expiration; consular supervisors, or a designated The current operating schedule is set
(11) Visa control number. alternate, to ensure compliance with out in 33 CFR 117.997(a). Under this
(d) Insertion of name, petition, and applicable laws and procedures. temporary deviation, the bridge will
derivative status notation. (1) The Dated: September 9, 2015. remain in the closed-to-navigation
surname and given name of the visa Michele T. Bond,
position from 11 a.m. to 7 p.m., except
recipient shall be shown on the visa in for scheduled daily openings at 2 p.m.
Acting Assistant Secretary for Consular
the space provided. Affairs, Department of State.
and 5 p.m., from October 29, 2015
(2) If the visa is being issued upon the through November 5, 2015. During this
[FR Doc. 2015–27862 Filed 10–30–15; 8:45 am]
basis of a petition approved by the temporary deviation, the bridge will
BILLING CODE 4710–06–P
Secretary of Homeland Security, the operate per 33 CFR 117.997(a) from 7
number of the petition, if any, the p.m. to 11 a.m. The South Branch of the
period for which the ’alien’s admission Elizabeth River is used by a variety of
has been authorized, and the name of DEPARTMENT OF HOMELAND vessels including deep draft ocean-going
the petitioner shall be reflected in the SECURITY vessels, U.S. government vessels, small
annotation field on the visa. Coast Guard
commercial vessels, recreational vessels
(3) In the case of an alien who derives and tug and barge traffic. The Coast
status from a principal alien, the name Guard has carefully coordinated the
33 CFR Part 117
of the principal alien and of the restrictions with commercial and
petitioner shall be reflected in the [Docket No. USCG–2015–0980] recreational waterway users.
annotation field of the visa. Vessels able to pass through the
(e) Period of validity. If a Drawbridge Operation Regulation; bridge in the closed position may do so
nonimmigrant visa is issued for an Atlantic Intracoastal Waterway, South at anytime. The bridge will be able to
asabaliauskas on DSK5VPTVN1PROD with RULES
unlimited number of applications for Branch of the Elizabeth River, open for emergencies and there is no
admission within the period of validity, Portsmouth and Chesapeake, VA alternate route for vessels unable to pass
the letter ‘‘M’’ shall be shown under the AGENCY: Coast Guard, DHS. through the bridge in the closed
word ‘‘entries’’. Otherwise the number ACTION:Notice of deviation from position. The Coast Guard will also
of permitted applications for admission drawbridge regulations. inform the users of the waterways
shall be identified numerically. The through our Local and Broadcast Notice
date of issuance and the date of SUMMARY: The Coast Guard has issued a to Mariners of the change in operating
expiration of the visa shall be shown at temporary deviation from the operating schedule for the bridge so that vessels
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![Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations 67317
can arrange their transits to minimize I. Table of Abbreviations be a safety concern for anyone within a
any impacts caused by this temporary CFR Code of Federal Regulations 100-yard radius of the vessel and
deviation. DHS Department of Homeland Security equipment engaged in salvage
In accordance with 33 CFR 117.35(e), E.O. Executive order operations. This rule is needed to
the drawbridge must return to its regular FR Federal Register protect personnel, vessels, and the
operating schedule immediately at the NPRM Notice of proposed rulemaking marine environment in the navigable
end of the effective period of this Pub. L. Public Law waters within the safety zone while
temporary deviation. This deviation § Section emergency salvage operations take
from the operating regulations is U.S.C. United States Code
place.
authorized under 33 CFR 117.35. II. Background Information and
IV. Discussion of the Rule
Dated: October 27, 2015. Regulatory History
Hal R. Pitts, In the evening of October 26, 2015, This rule establishes a safety zone
Bridge Program Manager, Fifth Coast Guard the Coast Guard was notified that a 60 from October 27, 2015 through
District. foot motorized vessel was taking on November 15, 2015. COTP may cease
[FR Doc. 2015–27774 Filed 10–30–15; 8:45 am] water in the vicinity of the Port St. enforcement of the zone if emergency
BILLING CODE 9110–04–P Lucie Inlet. Over the next several hours salvage operations end before November
attempts to refloat the vessel were 15, 2015. The safety zone will cover all
unsuccessful and the grounded vessel navigable waters within 100 yards of
DEPARTMENT OF HOMELAND settled on the bottom. Local, state, and vessels and machinery being used by
SECURITY federal agencies are now engaged in personnel to conduct emergency salvage
emergency salvage operations. operations. The duration of the zone is
Coast Guard The Coast Guard is issuing this intended to protect personnel, vessels,
temporary rule without prior notice and and the marine environment in these
33 CFR Part 165 opportunity to comment pursuant to navigable waters while emergency
[Docket Number USCG–2015–0992] authority under section 4(a) of the salvage operations are conducted. No
Administrative Procedure Act (APA) (5 vessel or person will be permitted to
RIN 1625–AA00 U.S.C. 553(b)). This provision enter the safety zone without obtaining
Safety Zone; Grounded Vessel, authorizes an agency to issue a rule permission from the COTP or a
Atlantic Ocean, Port St. Lucie, FL without prior notice and opportunity to designated representative.
comment when the agency for good
AGENCY: Coast Guard, DHS. cause finds that those procedures are V. Regulatory Analyses
ACTION: Temporary final rule. ‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C. We developed this rule after
SUMMARY: The Coast Guard is 553(b)(B), the Coast Guard finds that considering numerous statutes and
establishing a temporary safety zone in good cause exists for not publishing a executive orders (E.O.s) related to
the waters of the Atlantic Ocean, east of notice of proposed rulemaking (NPRM) rulemaking. Below we summarize our
the Port St. Lucie Inlet. The safety zone with respect to this rule because this analyses based on a number of these
is needed to protect personnel, vessels, rule is being established in response to statutes and E.O.s, and we discuss First
and the marine environment from an ongoing emergency situation. Delay Amendment rights of protestors.
potential hazards created by a grounded in publishing this rule would be A. Regulatory Planning and Review
vessel outside the Port St. Lucie Inlet. impracticable because the grounded
Entry of vessels or persons into this vessel poses an immediate risk public E.O.s 12866 and 13563 direct agencies
zone is prohibited unless specifically safety. In addition, any delay in the to assess the costs and benefits of
authorized by the Captain of the Port publishing of this rule would be available regulatory alternatives and, if
Miami. contrary to public interest. This rule is regulation is necessary, to select
DATES: This rule is effective without needed immediately in order to ensure regulatory approaches that maximize
actual notice from November 2, 2015] safety of life on the navigable waters net benefits. E.O. 13563 emphasizes the
until November 15, 2015. For purposes surrounding this ongoing emergency importance of quantifying both costs
of enforcement, actual notice will be situation. and benefits, of reducing costs, of
used from October 27, 2015 through We are issuing this rule, and under 5 harmonizing rules, and of promoting
November 2, 2015. U.S.C. 553(d)(3), the Coast Guard finds flexibility. This rule has not been
that good cause exists for making it designated a ‘‘significant regulatory
ADDRESSES: To view documents
effective less than 30 days after action,’’ under E.O. 12866. Accordingly,
mentioned in this preamble as being
publication in the Federal Register. For it has not been reviewed by the Office
available in the docket, go to http://
the same reasons discussed above, delay of Management and Budget.
www.regulations.gov, type USCG–2015–
in issuing this rule would be both
0992 in the ‘‘SEARCH’’ box and click This regulatory action determination
impracticable and contrary to public
‘‘SEARCH.’’ Click on Open Docket is based on the size, location, and
interest. The rule is in response to an
Folder on the line associated with this duration. Vessel traffic will be able to
emergent safety issue and is needed in
rule. safely transit around this safety zone
order to ensure safety of life in the area
asabaliauskas on DSK5VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT: If around this emergency situation. which will impact a small designated
you have questions on this rule, call or area of the Atlantic Ocean for a limited
email Petty Officer Benjamin R. Colbert, III. Legal Authority and Need for Rule duration during emergency salvage
Sector Miami Waterways Management The Coast Guard is issuing this rule operations. Moreover, the Coast Guard
Division, U.S. Coast Guard; telephone under authority in 33 U.S.C. 1231. The will issue Broadcast Notice to Mariners
305–535–4317, email Captain of the Port Miami (COTP) has via VHF–FM marine channel 16 about
Benjamin.R.Colbert@uscg.mil. determined that potential hazards the zone and the rule allows vessels to
SUPPLEMENTARY INFORMATION: associated with the grounded vessel will seek permission to enter the zone.
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Document Created: 2018-03-01 11:30:21
Document Modified: 2018-03-01 11:30:21
| 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 regulations. | |
| Dates | This deviation is effective without actual notice from November 2, 2015 until 7 p.m. on November 5, 2015. For the purposes of enforcement, actual notice will be used from 11 a.m. on October 29, 2015, until November 2, 2015. | |
| 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 [email protected] | |
| FR Citation | 80 FR 67316 |
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