80 FR 81465 - Drawbridge Operation Regulation; Des Allemands Bayou, Des Allemands, LA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 250 (December 30, 2015)
Coast Guard
Federal Register Volume 80, Issue 250 (December 30, 2015)
| Page Range | 81465-81466 | |
| FR Document | 2015-32871 |
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)] [Rules and Regulations] [Pages 81465-81466] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32871] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0974] Drawbridge Operation Regulation; Des Allemands Bayou, Des Allemands, LA AGENCY: Coast Guard, DHS. ACTION: Delay of effective date without notice for temporary deviation from regulations. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is modifying the effective dates of a published temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe Railroad swing span drawbridge across Des Allemands Bayou, mile 14.0, at Des Allemands, St. Charles and Lafourche Parishes, Louisiana. This modification of the dates is necessary due to weather delaying the scheduled rehabilitations. This deviation allows the bridge to remain in its closed-to-navigation position for three eight-hour periods during three consecutive days on two separate occasions. DATES: The deviation published December 11, 2015 (80 FR 76860) is effective from 7 a.m. on January 20, 2016 through 3 p.m. on January 29, 2016. ADDRESSES: The docket mentioned in the preamble as being available in the docket are part of the docket USCG-2015-0974 and are 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 Donna Gagliano, Bridge Specialist, Coast Guard; telephone 504-671-2128, email [email protected]. SUPPLEMENTARY INFORMATION: On December 11, 2015, the Coast Guard published a notice of temporary deviation from regulations entitled, ``Drawbridge Operation Regulation; Des Allemands Bayou, Des Allemands, LA'' in the Federal Register (80 FR 76860). The Burlington Northern Santa Fe Railroad requested this temporary deviation from the operating schedule of the swing span drawbridge across Des Allemands Bayou, mile 14.0, at Des Allemands, St. Charles and Lafourche Parishes, Louisiana, for January 13 through 22, 2016, to perform the rehabilitation. Due to the weather issues, preparations for the rehabilitation were delayed so Burlington Northern Santa Fe Railroad requested a modification to the effective dates from January 20 through 29, 2016. The bridge has a vertical clearance of three feet above mean high water in the closed-to-navigation position and unlimited in the open- to-navigation position. The draw currently operates under 33 CFR 117.440(b). For purposes of this deviation, the bridge will not be required to open from 7 a.m. to 3 p.m. daily for two three-day periods, January 20 through 22 and January 27 through 29, 2016. At all other times, the bridge will operate in accordance with 33 CFR 117.440(b). The Burlington Northern Santa Fe Railroad requested a modification to the effective dates of the temporary deviation for the operation of the drawbridge to delay the previously approved deviation to accommodate rehabilitation work involving rest pivot [[Page 81466]] piers and the future swing span change out, an extensive but necessary maintenance operation. The reason for the request is that poor weather has delayed the preparatory work necessary to accomplish the modification to the rest piers. Navigation on the waterway consists of tugs with tows, fishing vessels and recreational crafts. The Coast Guard has coordinated the closure with waterway users, industry, and other Coast Guard units and determined that this closure will not have a significant effect on vessel traffic. During this deviation for bridge rehabilitation, vessels will not be allowed to pass through the bridge during the eight-hour closures each day as stated above. Many of the vessels that currently require an opening of the draw will be able to pass using the opposite channel from 3 p.m. to 7 a.m. when the deviations are not in effect. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass. 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. Dated: December 24, 2015. David M. Frank, Bridge Administrator, Eighth Coast Guard District. [FR Doc. 2015-32871 Filed 12-29-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Rules and Regulations 81465
Administrative Procedure Act Fiscal Service may deduct the amount delaying the scheduled rehabilitations.
This rule is being issued without prior of the erroneous offset funds from This deviation allows the bridge to
public notice and comment because amounts payable to HHS or the State, as remain in its closed-to-navigation
under 5 U.S.C. 553(b) good cause exists the case may be; or, upon Fiscal position for three eight-hour periods
to determine that prior notice and Service’s request, the State shall return during three consecutive days on two
comment rulemaking is unnecessary promptly to the affected taxpayer or separate occasions.
and contrary to the public interest. The Fiscal Service an amount equal to the DATES: The deviation published
policy being implemented through this amount of the erroneous funds (unless December 11, 2015 (80 FR 76860) is
rule imposes a time limitation on the State previously has forwarded such effective from 7 a.m. on January 20,
Treasury for recovering erroneous offset amounts, or any portion of such 2016 through 3 p.m. on January 29,
funds from States that have forwarded amounts, to the affected taxpayer). HHS 2016.
such funds onto families. It relieves the and States shall notify Fiscal Service ADDRESSES: The docket mentioned in
States of the burden of having to pay any time HHS or a State returns an the preamble as being available in the
such amounts to Treasury from their erroneous offset payment to an affected docket are part of the docket USCG–
own funds and does not adversely affect taxpayer. Fiscal Service and HHS, or the 2015–0974 and are available at http://
the rights of the public. appropriate State, will adjust their www.regulations.gov. Type the docket
debtor records accordingly. number in the ‘‘SEARCH’’ box and click
List of Subjects in 31 CFR Part 285 (h) Time limitation. If IRS notifies ‘‘SEARCH’’. Click on Open Docket
Administrative practice and Fiscal Service on or after January 1, Folder on the line associated with this
procedure, Child support, Child welfare, 2016, that a tax refund payment that deviation.
Claims, Credits, Debts, Disability was offset was erroneous or otherwise
FOR FURTHER INFORMATION CONTACT: If
benefits, Federal employees, not due to the taxpayer, Fiscal Service
you have questions on this temporary
Garnishment of wages, Hearing and shall not deduct the amount of the deviation, call or email Donna Gagliano,
appeal procedures, Loan programs, erroneous offset funds from amounts Bridge Specialist, Coast Guard;
Privacy, Railroad retirement, Railroad due to HHS or the State, or otherwise telephone 504–671–2128, email
unemployment insurance, Salaries, demand return of the offset funds from Donna.Gagliano@uscg.mil.
Social Security benefits, Supplemental the State pursuant to paragraph (g) of
SUPPLEMENTARY INFORMATION: On
Security Income (SSI), Taxes, Veterans’ this section, if the date of IRS’s
December 11, 2015, the Coast Guard
benefits, Wages. notification to Fiscal Service in
published a notice of temporary
For the reasons set forth in the paragraph (g) is more than six months
deviation from regulations entitled,
preamble, 31 CFR part 285 is amended after the date the tax refund was offset
‘‘Drawbridge Operation Regulation; Des
as follows: (i.e., the tax refund payment date); and
Allemands Bayou, Des Allemands, LA’’
the State has already forwarded the
in the Federal Register (80 FR 76860).
PART 285—DEBT COLLECTION funds as required or authorized by 42
The Burlington Northern Santa Fe
AUTHORITIES UNDER THE DEBT U.S.C. 657. This paragraph does not
Railroad requested this temporary
COLLECTION IMPROVEMENT ACT OF apply to paragraph (f) of this section.
deviation from the operating schedule of
1996 David A. Lebryk, the swing span drawbridge across Des
■ 1. The authority citation for part 285 Fiscal Assistant Secretary. Allemands Bayou, mile 14.0, at Des
continues to read as follows: [FR Doc. 2015–32732 Filed 12–29–15; 8:45 am] Allemands, St. Charles and Lafourche
BILLING CODE 4810–AS–P Parishes, Louisiana, for January 13
Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; through 22, 2016, to perform the
31 U.S.C. 321, 3701, 3711, 3716, 3719,
3720A, 3720B, 3720D; 3720E; 42 U.S.C. 664; rehabilitation. Due to the weather
E.O. 13019, 61 FR 51763, 3 CFR, 1996 Comp., DEPARTMENT OF HOMELAND issues, preparations for the
p. 216. SECURITY rehabilitation were delayed so
Burlington Northern Santa Fe Railroad
■ 2. Amend § 285.3 as follows:
■ a. Revise paragraph (g). Coast Guard requested a modification to the effective
■ b. Redesignate paragraphs (h) through dates from January 20 through 29, 2016.
(k) as paragraphs (i) through (l), 33 CFR Part 117 The bridge has a vertical clearance of
respectively. three feet above mean high water in the
[Docket No. USCG–2015–0974] closed-to-navigation position and
■ c. Add a new paragraph (h).
The revision and addition read as unlimited in the open-to-navigation
Drawbridge Operation Regulation; Des
follows: position.
Allemands Bayou, Des Allemands, LA The draw currently operates under 33
§ 285.3 Offset of tax refund payments to AGENCY: Coast Guard, DHS. CFR 117.440(b). For purposes of this
collect past-due support. deviation, the bridge will not be
ACTION: Delay of effective date without
* * * * * notice for temporary deviation from required to open from 7 a.m. to 3 p.m.
(g) Disposition of amounts collected. regulations. daily for two three-day periods, January
Fiscal Service will transmit amounts 20 through 22 and January 27 through
collected for debts, less fees charged SUMMARY: The Coast Guard is modifying 29, 2016. At all other times, the bridge
under paragraph (i) of this section, to the effective dates of a published will operate in accordance with 33 CFR
HHS or to the appropriate State. If IRS temporary deviation from the operating 117.440(b).
mstockstill on DSK4VPTVN1PROD with RULES
notifies Fiscal Service that a tax refund schedule that governs the Burlington The Burlington Northern Santa Fe
payment that was offset was erroneous Northern Santa Fe Railroad swing span Railroad requested a modification to the
or otherwise not due to the taxpayer, drawbridge across Des Allemands effective dates of the temporary
Fiscal Service will notify HHS or the Bayou, mile 14.0, at Des Allemands, St. deviation for the operation of the
appropriate State that the tax refund Charles and Lafourche Parishes, drawbridge to delay the previously
payment was not eligible for offset. Louisiana. This modification of the approved deviation to accommodate
Subject to paragraph (h) of this section, dates is necessary due to weather rehabilitation work involving rest pivot
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![81466 Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Rules and Regulations
piers and the future swing span change hour ozone nonattainment area is comment period for our Proposal closed
out, an extensive but necessary currently attaining the 1997 ozone on September 16, 2015.
maintenance operation. The reason for National Ambient Air Quality Standard
II. Response to Comments
the request is that poor weather has (NAAQS). This determination is based
delayed the preparatory work necessary upon certified ambient air monitoring We received no adverse comments.
to accomplish the modification to the data that show the area has monitored We received one letter dated September
rest piers. Navigation on the waterway attainment of the 1997 ozone NAAQS 2, 2015, from the Texas Commission on
consists of tugs with tows, fishing for the 2012–2014 monitoring period Environmental Quality (TCEQ or the
vessels and recreational crafts. and continues to monitor attainment of Commenter) supporting our Proposal. A
The Coast Guard has coordinated the the NAAQS based on preliminary 2015 summary of the comment and our
closure with waterway users, industry, data. Thus, the requirements for this response follows.
and other Coast Guard units and area to submit an attainment Comment: The Commenter agrees
determined that this closure will not demonstration, a reasonable further with our Proposal to determine that the
have a significant effect on vessel traffic. progress (RFP) plan, contingency HGB ozone nonattainment area is
During this deviation for bridge measures, and other State currently in attainment of the 1997
rehabilitation, vessels will not be Implementation Plan (SIP) documents ozone standard based upon certified
allowed to pass through the bridge related to attainment of the 1997 ozone ambient air monitoring data for the
during the eight-hour closures each day NAAQS shall be suspended for so long 2012–2014 monitoring period and
as stated above. Many of the vessels that as the area continues to attain the 1997 preliminary 2015 monitoring data.
currently require an opening of the draw ozone NAAQS. Response: We concur with the
will be able to pass using the opposite DATES: This final rule is effective on Commenter.
channel from 3 p.m. to 7 a.m. when the January 29, 2016.
deviations are not in effect. The bridge III. What is the effect of this action?
ADDRESSES: The EPA has established a
will not be able to open for emergencies docket for this action under Docket No. In accordance with our Clean Data
and there is no immediate alternate EPA–R06–OAR–2015–0117. All Policy as codified in 40 CFR 51.1118, a
route for vessels to pass. The Coast documents in the docket are listed on determination of attainment suspends
Guard will also inform the users of the the http://www.regulations.gov Web the requirements for the TCEQ to submit
waterways through our Local and site. Although listed in the index, some the attainment demonstration and
Broadcast Notices to Mariners of the information is not publicly available, associated reasonably available control
change in operating schedule for the e.g., Confidential Business Information measures, RFP plans, contingency
bridge so that vessels can arrange their or other information whose disclosure is measures for failure to attain or make
transits to minimize any impact caused restricted by statute. Certain other reasonable progress and other planning
by the temporary deviation. material, such as copyrighted material, SIPs related to attaining the 1997 ozone
In accordance with 33 CFR 117.35(e), is not placed on the Internet and will be NAAQS in the HGB area for so long as
the drawbridge must return to its regular publicly available only in hard copy. the area continues to attain the
operating schedule immediately at the Publicly available docket materials are standard. However, should the area
end of the effective period of this available either electronically through violate the 1997 ozone standard after
temporary deviation. This deviation http://www.regulations.gov or in hard this Clean Data Determination is
from the operating regulations is copy at EPA Region 6, 1445 Ross finalized, the EPA would rescind the
authorized under 33 CFR 117.35. Avenue, Suite 1200, Dallas, Texas CDD.
Dated: December 24, 2015. 75202–2733. IV. Final Action
David M. Frank, FOR FURTHER INFORMATION CONTACT:
Bridge Administrator, Eighth Coast Guard Wendy Jacques, (214) 665–7395, Based on the Proposal 1 and the
District. jacques.wendy@epa.gov. certified ambient air monitoring data
[FR Doc. 2015–32871 Filed 12–29–15; 8:45 am] SUPPLEMENTARY INFORMATION: contained therein, EPA finds that the
Throughout this document, ‘‘we,’’ ‘‘us,’’ HGB ozone nonattainment area has
BILLING CODE 9110–04–P
and ‘‘our’’ means the EPA. attained the 1997 ozone standard and
meets the requirements in 40 CFR
I. Background 51.1118. This Clean Data Determination
ENVIRONMENTAL PROTECTION provides that Texas is no longer
AGENCY The background for today’s action is
discussed in detail in our Proposal (80 required to submit the attainment
40 CFR Part 52 FR 49187, August 17, 2015). In that demonstration and other planning SIPs
document, we proposed to determine related to attainment of the 1997 ozone
[EPA–R06–OAR–2015–0117; FRL–9940–63– that the HGB ozone nonattainment area NAAQS, for so long as the area is
Region 6] attaining the standard.
is currently in attainment of the 1997
Determination of Attainment; Texas; ozone standard based on the most recent V. Statutory and Executive Order
Houston-Galveston-Brazoria 1997 3 years of quality-assured air quality Reviews
Ozone Nonattainment Area; data. Certified ambient air monitoring
data show that the area has monitored This action makes a determination of
Determination of Attainment of the attainment based on air quality, and
1997 Ozone Standard attainment of the 1997 ozone NAAQS
for the 2012–2014 monitoring period would, if finalized, result in the
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY: Environmental Protection and continues to monitor attainment of suspension of certain Federal
Agency (EPA). the NAAQS based on preliminary 2015 requirements, and it would not impose
ACTION: Final rule. data. additional requirements beyond those
Our Proposal provides our rationale imposed by state law. For that reason,
SUMMARY: The Environmental Protection for this rulemaking. Please see the this action:
Agency (EPA) has determined that the docket for this and other documents
Houston-Galveston-Brazoria (HGB) 8- regarding our Proposal. The public 1 80 FR 49187 August 17, 2015.
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Document Created: 2015-12-30 03:16:15
Document Modified: 2015-12-30 03:16:15
| 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 | Delay of effective date without notice for temporary deviation from regulations. | |
| Dates | The deviation published December 11, 2015 (80 FR 76860) is effective from 7 a.m. on January 20, 2016 through 3 p.m. on January 29, 2016. | |
| Contact | If you have questions on this temporary deviation, call or email Donna Gagliano, Bridge Specialist, Coast Guard; telephone 504-671-2128, email [email protected] | |
| FR Citation | 80 FR 81465 |
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