81_FR_33493 81 FR 33391 - Drawbridge Operation Regulation; York River, Yorktown, VA

81 FR 33391 - Drawbridge Operation Regulation; York River, Yorktown, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 102 (May 26, 2016)

Page Range33391-33392
FR Document2016-12405

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Coleman Memorial Bridge (US 17) across the York River, mile 7.0, Yorktown, VA. The deviation is necessary to perform bridge maintenance. This deviation allows the bridge to remain in the closed-to-navigation position.

Federal Register, Volume 81 Issue 102 (Thursday, May 26, 2016) 
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Rules and Regulations]
[Pages 33391-33392]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12405]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0360]


Drawbridge Operation Regulation; York River, Yorktown, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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[[Page 33392]]

SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the Coleman Memorial Bridge (US 17) 
across the York River, mile 7.0, Yorktown, VA. The deviation is 
necessary to perform bridge maintenance. This deviation allows the 
bridge to remain in the closed-to-navigation position.

DATES: This deviation is effective without actual notice from May 26, 
2016 to 7 p.m. on July 17, 2016. For the purposes of enforcement, 
actual notice will be used from 7 a.m. on May 22, 2016, until May 26, 
2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0360] 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 Mrs. Traci Whitfield, Bridge 
Administration Branch Fifth District, Coast Guard; telephone (757) 398-
6629, email Traci.G.Whitfield@uscg.mil.

SUPPLEMENTARY INFORMATION: Virginia Department of Transportation 
(VDOT), the owner of the Coleman Memorial Bridge (US 17), has requested 
a temporary deviation from the current operating regulation to perform 
repairs. VDOT needs to perform mechanical work that cannot be 
accomplished when the bridge is moveable. The bridge must be in the 
closed-to-navigation position to perform the maintenance. The bridge is 
a single bascule span and has a vertical clearance in the closed 
position of seven feet above mean high water. The York River is used by 
a variety of vessels including deep draft ocean-going vessels, U. S. 
government vessels, Small commercial fishing vessels, recreational 
vessels and tug and barge traffic. The Coast Guard has carefully 
coordinated the restrictions with U. S. government and commercial 
waterway users.
    Under this temporary deviation, the bridge will remain in the 
closed-to-navigation position from 7 a.m. to 7 p.m. as follows: Sunday, 
May 22, 2016; Sunday, June 5, 2016 with an inclement weather date on 
Sunday, June 12, 2016; Sunday, June 19, 2016 with an inclement weather 
date on Sunday, June 26, 2016; and Sunday, July 10, 2016 with an 
inclement weather date on Sunday, July 17, 2016. At all other times, 
the bridge will operate in accordance with the operating regulations 
set out in 33 CFR 117.1025.
    Vessels able to pass through the bridge in the closed position may 
do so at anytime. The bridge will not be able to open for emergencies 
and there is no immediate 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 
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.

    Dated: May 19, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2016-12405 Filed 5-25-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Rules and Regulations 33391 Executive Order 13132, ‘‘Federalism’’ 1990, 28 U.S.C. 2461 note, as amended § 269.4 Cost of living adjustments of civil by the Debt Collection Improvement Act monetary penalties. Executive Order 13132 establishes certain requirements that an agency of 1996, Public Law 104–134, April 26, (a) The inflation adjustment under must meet when it promulgates a 1996, and further amended by the § 269.3 must be determined by proposed rule (and subsequent final Federal Civil Penalties Inflation increasing the maximum civil monetary rule) that imposes substantial direct Adjustment Act Improvements Act of penalty or the range of minimum and requirement costs on State and local 2015, Public Law 114–74, November 2, maximum civil monetary penalties, as governments, preempts State law, or 2015, in order to improve the deterrent applicable, for each civil monetary otherwise has Federalism implications. effect of civil monetary penalties and to penalty by the cost-of-living adjustment. This interim final rule will not have a promote compliance with the law. Any increase determined under this substantial effect on State and local subsection shall be rounded to the § 269.2 [Amended] governments. nearest multiple of $1. ■ 3. Amend § 269.2 by adding ‘‘and’’ (b) For purposes of paragraph (a) of List of Subjects in 32 CFR Part 269 after the semicolon in paragraph this section, the term ‘‘cost-of-living Administrative practice and (b)(1)(ii). adjustment’’ means the percentage (if procedure, Penalties. any) for each civil monetary penalty by ■ 4. Amend § 269.3 by: which the Consumer Price Index for the Accordingly, 32 CFR part 269 is amended as follows: ■ a. Revising the introductory text. month of October preceding the date of ■ b. In paragraph (a): the adjustment (January 15), exceeds the PART 269—[AMENDED] ■ i. Removing ‘‘By regulation Consumer Price Index for the month of adjustment’’ and adding in its place ‘‘By October in the previous calendar year. ■ 1. The authority citation for 32 CFR For example, if the Consumer Price regulation, adjust.’’ part 269 is revised to read as follows: Index for October 2016 is 1.0 and the ■ ii. Removing ‘‘the Department of Authority: 28 U.S.C. 2461 note. Defense’’ and adding in its place ‘‘the Consumer Price Index for October 2015 ■ 2. Revise § 269.1 to read as follows: Department.’’ was 0.75, then all applicable penalties will need to be positively adjusted by § 269.1 Scope and purpose. The revision reads as follows: 0.25 by January 15, 2017. The purpose of this part is to establish § 269.3 Civil monetary penalty inflation (c) Limitation on initial adjustment. a mechanism for the regular adjustment adjustment. The initial adjustment of civil monetary for inflation of civil monetary penalties The Department must, not later than penalty pursuant to § 269.3 may not under the jurisdiction of the Department July 1, 2016 and not later than January exceed 150 percent of such penalty. of Defense. Applicable civil monetary 15 of every year thereafter— (d) Inflation adjustment. Maximum penalties must be adjusted in civil monetary penalties within the conformity with the Federal Civil * * * * * jurisdiction of the Department are Penalties Inflation Adjustment Act of ■ 5. Revise § 269.4 to read as follows: adjusted for inflation as follows: New adjusted Maximum penalty maximum United States Code Civil monetary penalty description amount as of 10/23/96 penalty amount National Defense Authorization Act for FY 2005, Unauthorized Activities Directed at or Posses- Not Applicable1 ............. $124,588 10 U.S.C 113, note. sion of Sunken Military Craft. 10 U.S.C. 1094(c)(1) ............................................. Unlawful Provision of Health Care ....................... $5,500 ........................... 10,940 10 U.S.C. 1102(k) ................................................. Wrongful Disclosure—Medical Records: First Offense ......................................................... 3,300 ............................. 6,469 Subsequent Offense ............................................. 22,000 ........................... 43,126 10 U.S.C. 2674(c)(2) ............................................. Violation of the Pentagon Reservation Operation Not Applicable 1 ............. 1,782 and Parking of Motor Vehicles Rules and Reg- ulations. 31 U.S.C. 3802(a)(1) ............................................. Violation Involving False Claim ............................ 5,500 ............................. 10,781 31 U.S.C. 3802(a)(2) ............................................. Violation Involving False Statement ..................... 5,500 ............................. 10,781 1 Penalties were not identified in the 1996 publication of this chart and/or were not established by statute or regulation in 1996. § 269.5 [Amended] Dated: May 20, 2016. DEPARTMENT OF HOMELAND Aaron Siegel, SECURITY ■ 6. Amend § 269.5 by removing ‘‘shall Alternate OSD Federal Register Liaison apply only to violations which occur Coast Guard Officer, Department of Defense. after the date the increase takes effect’’ [FR Doc. 2016–12365 Filed 5–25–16; 8:45 am] and adding in its place ‘‘must apply 33 CFR Part 117 BILLING CODE 5001–06–P only to civil monetary penalties, including those whose associated [Docket No. USCG–2016–0360] sradovich on DSK3TPTVN1PROD with RULES violation predated such increase, which are assessed after the date the increase Drawbridge Operation Regulation; takes effect (i.e., July 1, 2016).’’ York River, Yorktown, VA AGENCY: Coast Guard, DHS. ACTION:Notice of deviation from drawbridge regulation. VerDate Sep<11>2014 17:45 May 25, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.SGM 26MYR1

33392 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Rules and Regulations SUMMARY: The Coast Guard has issued a to open for emergencies and there is no SUPPLEMENTARY INFORMATION: temporary deviation from the operating immediate alternate route for vessels I. Table of Abbreviations schedule that governs the Coleman unable to pass through the bridge in the Memorial Bridge (US 17) across the closed position. The Coast Guard will CFR Code of Federal Regulations York River, mile 7.0, Yorktown, VA. also inform the users of the waterways DHS Department of Homeland Security The deviation is necessary to perform through our Local and Broadcast FR Federal Register NPRM Notice of proposed rulemaking bridge maintenance. This deviation Notices to Mariners of the change in § Section allows the bridge to remain in the operating schedule for the bridge so that U.S.C. United States Code closed-to-navigation position. vessel operators can arrange their DATES: This deviation is effective transits to minimize any impact caused II. Background Information and without actual notice from May 26, 2016 by the temporary deviation. Regulatory History to 7 p.m. on July 17, 2016. For the In accordance with 33 CFR 117.35(e), The Coast Guard is issuing this purposes of enforcement, actual notice the drawbridge must return to its regular temporary rule without prior notice and will be used from 7 a.m. on May 22, operating schedule immediately at the opportunity to comment pursuant to 2016, until May 26, 2016. end of the effective period of this authority under section 4(a) of the ADDRESSES: The docket for this temporary deviation. This deviation Administrative Procedure Act (APA) (5 deviation, [USCG–2016–0360] is from the operating regulations is U.S.C. 553(b)). This provision available at http://www.regulations.gov. authorized under 33 CFR 117.35. authorizes an agency to issue a rule Type the docket number in the Dated: May 19, 2016. without prior notice and opportunity to ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Hal R. Pitts, comment when the agency for good Click on Open Docket Folder on the line Bridge Program Manager, Fifth Coast Guard cause finds that those procedures are associated with this deviation. District. ‘‘impracticable, unnecessary, or contrary FOR FURTHER INFORMATION CONTACT: If [FR Doc. 2016–12405 Filed 5–25–16; 8:45 am] to the public interest.’’ Under 5 U.S.C. you have questions on this temporary BILLING CODE 9110–04–P 553(b)(B), the Coast Guard finds that deviation, call or email Mrs. Traci good cause exists for not publishing a Whitfield, Bridge Administration notice of proposed rulemaking (NPRM) Branch Fifth District, Coast Guard; DEPARTMENT OF HOMELAND with respect to this rule because the telephone (757) 398–6629, email SECURITY Coast Guard received notice on March 1, Traci.G.Whitfield@uscg.mil. 2016, that this event would take place. Coast Guard After receiving and fully reviewing the SUPPLEMENTARY INFORMATION: Virginia event information, circumstances and Department of Transportation (VDOT), 33 CFR Part 165 exact location, the Coast Guard the owner of the Coleman Memorial determined that a safety zone is Bridge (US 17), has requested a [Docket Number USCG–2016–0202] necessary to protect spectators, temporary deviation from the current RIN 1625–AA00 participants, and the personnel involved operating regulation to perform repairs. in the West Virginia Triathlon. It would VDOT needs to perform mechanical Safety Zone; Monongahela River Mile be impracticable to complete the full work that cannot be accomplished when 97.5 to Mile 100.5, Morgantown, WV NPRM process for this safety zone the bridge is moveable. The bridge must because it needs to be established by be in the closed-to-navigation position AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. June, 19, 2016. The triathlon event has to perform the maintenance. The bridge been advertised and the local is a single bascule span and has a SUMMARY: The Coast Guard is community has prepared for the event. vertical clearance in the closed position establishing a temporary safety zone for For the same reasons, under 5 U.S.C. of seven feet above mean high water. navigable waters of the Monongahela 553(d)(3), we find good cause for The York River is used by a variety of River from mile 97.5 to mile 100.5. The making this rule effective less than 30 vessels including deep draft ocean-going safety zone is needed to protect days after publication. vessels, U. S. government vessels, Small spectators, participants, and personnel commercial fishing vessels, recreational III. Legal Authority and Need for Rule involved in the West Virginia Triathlon. vessels and tug and barge traffic. The Entry of vessels or persons into this The Coast Guard is issuing this rule Coast Guard has carefully coordinated zone is prohibited unless specifically under authority in 33 U.S.C. 1231. The the restrictions with U. S. government authorized by the Captain of the Port Captain of the Port Pittsburgh (COTP) and commercial waterway users. Pittsburgh. has determined that a safety zone is Under this temporary deviation, the needed on June 19, 2016. This rule is bridge will remain in the closed-to- DATES: This rule is effective from 6 a.m. needed to protect personnel, spectators, navigation position from 7 a.m. to 7 until 10 a.m. on June 19, 2016. and participants in navigable waters p.m. as follows: Sunday, May 22, 2016; ADDRESSES: To view documents during the swimming portion of the Sunday, June 5, 2016 with an inclement mentioned in this preamble as being West Virginia Triathlon. weather date on Sunday, June 12, 2016; available in the docket, go to http:// Sunday, June 19, 2016 with an www.regulations.gov, type USCG–2016– IV. Discussion of the Rule inclement weather date on Sunday, June 0202 in the ‘‘SEARCH’’ box and click This rule establishes a safety zone on 26, 2016; and Sunday, July 10, 2016 ‘‘SEARCH.’’ Click on Open Docket June 19, 2016, from 6 a.m. until 10 a.m. with an inclement weather date on Folder on the line associated with this The safety zone will cover all navigable sradovich on DSK3TPTVN1PROD with RULES Sunday, July 17, 2016. At all other rule. waters on the Monongahela River from times, the bridge will operate in FOR FURTHER INFORMATION CONTACT: If mile 97.5 to mile 100.5. The duration of accordance with the operating you have questions on this rule, call or the safety zone is intended to protect regulations set out in 33 CFR 117.1025. email MST1 Jennifer Haggins, Marine personnel, spectators, and participants Vessels able to pass through the Safety Unit Pittsburgh, U.S. Coast while the swimming portion of the West bridge in the closed position may do so Guard, at telephone 412–221–0807, Virginia Triathlon takes place. No vessel at anytime. The bridge will not be able email Jennifer.L.Haggins@uscg.mil. or person will be permitted to enter the VerDate Sep<11>2014 17:45 May 25, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.SGM 26MYR1


Document Created: 2016-05-26 01:13:32
Document Modified: 2016-05-26 01:13:32
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 without actual notice from May 26, 2016 to 7 p.m. on July 17, 2016. For the purposes of enforcement, actual notice will be used from 7 a.m. on May 22, 2016, until May 26, 2016.
ContactIf you have questions on this temporary deviation, call or email Mrs. Traci Whitfield, Bridge Administration Branch Fifth District, Coast Guard; telephone (757) 398- 6629, email [email protected]
FR Citation81 FR 33391 
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