81_FR_34381 81 FR 34277 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, Portsmouth-Chesapeake, VA

81 FR 34277 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, Portsmouth-Chesapeake, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 104 (May 31, 2016)

Page Range34277-34278
FR Document2016-12653

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Norfolk and Western railroad bridge (Norfolk Southern V6.8 Bridge) across the South Branch of the Elizabeth River, mile 3.6, at Portsmouth-Chesapeake, VA. The deviation is necessary to perform bridge maintenance and repairs. This deviation allows the bridge to remain in the closed-to-navigation position.

Federal Register, Volume 81 Issue 104 (Tuesday, May 31, 2016) 
[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34277-34278]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12653]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0434]


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
South Branch of the Elizabeth River, Portsmouth-Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the Norfolk and Western railroad bridge 
(Norfolk Southern V6.8 Bridge) across the South Branch of the Elizabeth 
River, mile 3.6, at Portsmouth-Chesapeake, VA. The deviation is 
necessary to perform bridge maintenance and repairs. This deviation 
allows the bridge to remain in the closed-to-navigation position.

DATES: This deviation is effective from 7 a.m. on June 6, 2016, to 5 
p.m. on June 23, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0434] 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 Hal R. Pitts, Bridge Administration 
Branch Fifth District, Coast Guard, telephone 757-398-6222, email 
[email protected].

SUPPLEMENTARY INFORMATION: The Norfolk Southern Corporation, that owns 
and operates the Norfolk and Western railroad bridge (Norfolk Southern 
V6.8 Bridge), has requested a temporary deviation from the current 
operating regulations to install a new tie deck across the vertical 
lift span and under the mitre joints on the fixed approach spans. The 
bridge is a vertical lift draw bridge and has a vertical clearance in 
the closed position of 10 feet above mean high water.
    The current operating schedule is set out in 33 CFR 117.997(b). 
Under this temporary deviation, the bridge will remain in the closed-
to-navigation position from 7 a.m. to 11:30 a.m. and from 12:30 p.m. to 
5 p.m. from June 6, 2016 through June 9, 2016, June 13, 2016 through 
June 16, 2016, and June 20, 2016 through June 23, 2016. At all other 
times the bridge will operate per 33 CFR 117.997(b).
    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 waterway users.
    There will be limited opportunity for vessels to transit through 
the bridge in the closed position during this temporary deviation. 
Vessels able to pass through the bridge in the closed position may do 
so after receiving confirmation from the bridge tender that it is safe 
to transit through the bridge. The bridge will be able to open for

[[Page 34278]]

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 vessel operators can arrange 
their transit 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 24, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2016-12653 Filed 5-27-16; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations 34277 DEPARTMENT OF HOMELAND The current operating schedule is SUMMARY: The Coast Guard has issued a SECURITY open on signal if at least six hours temporary deviation from the operating notice is given as set out in 33 CFR schedule that governs the Norfolk and Coast Guard 117.551. Under this modified temporary Western railroad bridge (Norfolk deviation, the bridge will remain in the Southern V6.8 Bridge) across the South 33 CFR Part 117 closed-to-navigation position from 6 Branch of the Elizabeth River, mile 3.6, [Docket No. USCG–2016–0112] a.m. on February 22, 2016 to 6 p.m. on at Portsmouth-Chesapeake, VA. The July 31, 2016. deviation is necessary to perform bridge Drawbridge Operation Regulation; The Chester River is used by a variety maintenance and repairs. This deviation Chester River, Chestertown, MD of vessels including small U.S. allows the bridge to remain in the government and public vessels, small closed-to-navigation position. AGENCY: Coast Guard, DHS. commercial vessels, and recreational DATES: This deviation is effective from ACTION:Notice of temporary deviation vessels. The Coast Guard has carefully 7 a.m. on June 6, 2016, to 5 p.m. on June from drawbridge regulation; considered the nature and volume of 23, 2016. modification. vessel traffic on the waterway in ADDRESSES: The docket for this publishing this temporary deviation. deviation, [USCG–2016–0434] is SUMMARY: The Coast Guard has modified During the closure times there will be a temporary deviation from the available at http://www.regulations.gov. limited opportunity for vessels able to Type the docket number in the operating schedule that governs the safely pass through the bridge in the S213 (MD213) Bridge across the Chester ‘‘SEARCH’’ box and click ‘‘SEARCH’’. closed position to do so. Vessels able to Click on Open Docket Folder on the line River, mile 26.8, at Chestertown, MD. safely pass through the bridge in the This modified deviation is necessary to associated with this deviation. closed position may do so, after FOR FURTHER INFORMATION CONTACT: If perform bridge maintenance and receiving confirmation from the bridge repairs. This modified deviation allows you have questions on this temporary tender that it is safe to transit through deviation, call or email Hal R. Pitts, the bridge to remain in the closed-to- the bridge. The bridge will be able to navigation position. Bridge Administration Branch Fifth open for emergencies if at least six District, Coast Guard, telephone 757– DATES: This modified deviation is hours notice is given and there is no effective without actual notice from May 398–6222, email Hal.R.Pitts@uscg.mil. immediate alternate route for vessels to SUPPLEMENTARY INFORMATION: The 31, 2016 through 6 p.m. on July 31 2016. pass. The Coast Guard will also inform For the purposes of enforcement, actual Norfolk Southern Corporation, that the users of the waterways through our owns and operates the Norfolk and notice will be used from May 24, 2016 Local and Broadcast Notices to Mariners at 2 p.m., until May 31, 2016. Western railroad bridge (Norfolk of the change in operating schedule for Southern V6.8 Bridge), has requested a ADDRESSES: The docket for this the bridge so that vessel operators can deviation, [USCG–2016–0112] is temporary deviation from the current arrange their transit to minimize any operating regulations to install a new tie available at http://www.regulations.gov. impact caused by the temporary Type the docket number in the deck across the vertical lift span and deviation. under the mitre joints on the fixed ‘‘SEARCH’’ box and click ‘‘SEARCH’’. In accordance with 33 CFR 117.35(e), Click on Open Docket Folder on the line approach spans. The bridge is a vertical the drawbridge must return to its regular lift draw bridge and has a vertical associated with this deviation. operating schedule immediately at the clearance in the closed position of 10 FOR FURTHER INFORMATION CONTACT: If end of the effective period of this feet above mean high water. you have questions on this modified temporary deviation. This deviation The current operating schedule is set temporary deviation, call or email Mr. from the operating regulations is out in 33 CFR 117.997(b). Under this Hal R. Pitts, Bridge Administration authorized under 33 CFR 117.35. temporary deviation, the bridge will Branch Fifth District, Coast Guard, Dated: May 24, 2016. remain in the closed-to-navigation telephone 757–398–6222, email Hal R. Pitts, position from 7 a.m. to 11:30 a.m. and Hal.R.Pitts@uscg.mil. from 12:30 p.m. to 5 p.m. from June 6, Bridge Program Manager, Fifth Coast Guard SUPPLEMENTARY INFORMATION: On District. 2016 through June 9, 2016, June 13, February 25, 2016, the Coast Guard [FR Doc. 2016–12652 Filed 5–27–16; 8:45 am] 2016 through June 16, 2016, and June published a temporary deviation BILLING CODE 9110–04–P 20, 2016 through June 23, 2016. At all entitled ‘‘Drawbridge Operation other times the bridge will operate per Regulation; Chester River, Chestertown, 33 CFR 117.997(b). MD’’ in the Federal Register (81 FR DEPARTMENT OF HOMELAND The South Branch of the Elizabeth 9338). Under that temporary deviation, SECURITY River is used by a variety of vessels the bridge would remain in the closed- including deep draft ocean-going to-navigation position from 6 a.m. on Coast Guard vessels, U.S. government vessels, small February 22, 2016 to 6 p.m. on June 1, commercial vessels, recreational vessels 2016. The Maryland Department of 33 CFR Part 117 and tug and barge traffic. The Coast Transportation State Highway Guard has carefully coordinated the Administration, that owns and operates [Docket No. USCG–2016–0434] restrictions with waterway users. the S213 (MD213) Bridge, has requested There will be limited opportunity for asabaliauskas on DSK3SPTVN1PROD with RULES an extension of time for the temporary Drawbridge Operation Regulation; vessels to transit through the bridge in deviation from the current operating Atlantic Intracoastal Waterway, South the closed position during this regulations to complete a bridge stringer Branch of the Elizabeth River, temporary deviation. Vessels able to replacement project, due to delays Portsmouth-Chesapeake, VA pass through the bridge in the closed related to inclement weather. The bridge AGENCY: Coast Guard, DHS. position may do so after receiving is a bascule draw bridge and has a confirmation from the bridge tender that ACTION:Notice of deviation from vertical clearance in the closed position it is safe to transit through the bridge. drawbridge regulation. of 12 feet above mean high water. The bridge will be able to open for VerDate Sep<11>2014 16:39 May 27, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1

34278 Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations emergencies and there is no immediate SUPPLEMENTARY INFORMATION: fireworks, dangerous projectiles, and alternate route for vessels to pass. The falling hot embers or other debris. I. Table of Abbreviations Coast Guard will also inform the users IV. Discussion of the Rule of the waterways through our Local and CFR Code of Federal Regulations Broadcast Notices to Mariners of the DHS Department of Homeland Security The Captain of the Port of Hampton change in operating schedule for the E.O. Executive order Roads is establishing a safety zone on bridge so that vessel operators can FR Federal Register the Chesapeake Bay, in the vicinity of NPRM Notice of proposed rulemaking the Sunset Beach Resort, in Cape arrange their transit to minimize any Pub. L. Public Law impact caused by the temporary Charles, VA. The safety zone will § Section deviation. U.S.C. United States Code encompass all navigable waters within a In accordance with 33 CFR 117.35(e), 420 foot radius of the fireworks display the drawbridge must return to its regular II. Background Information and barge location. This safety zone still operating schedule immediately at the Regulatory History allows for navigation on the waterway. end of the effective period of this The Coast Guard is issuing this This safety zone will be effective and temporary deviation. This deviation temporary rule without prior notice and enforced from 8 p.m. through 8:30 p.m. from the operating regulations is opportunity to comment pursuant to on July 2, 2016. Access to the safety authorized under 33 CFR 117.35. authority under section 4(a) of the zone will be restricted during the Dated: May 24, 2016. Administrative Procedure Act (APA) (5 effective period. Except for participants Hal R. Pitts, U.S.C. 553(b)). This provision and vessels authorized by the Captain of Bridge Program Manager, Fifth Coast Guard authorizes an agency to issue a rule the Port or his Representative, no person District. without prior notice and opportunity to or vessel may enter or remain in the [FR Doc. 2016–12653 Filed 5–27–16; 8:45 am] comment when the agency for good regulated area. cause finds that those procedures are The Captain of the Port will give BILLING CODE 9110–04–P ‘‘impracticable, unnecessary, or contrary notice of the enforcement of the safety to the public interest.’’ Under 5 U.S.C. zone by all appropriate means to DEPARTMENT OF HOMELAND 553(b)(B), the Coast Guard finds that provide the widest dissemination of SECURITY good cause exists for not publishing a notice to the affected segments of the notice of proposed rulemaking (NPRM) public. This includes publication in the Coast Guard with respect to this rule is Local Notice to Mariners and Marine impracticable, because information Information Broadcasts. 33 CFR Part 165 about the fireworks on July 2, 2016 was V. Regulatory Analyses [Docket Number USCG–2016–0319] not received by the Coast Guard with We developed this rule after sufficient time to allow for an considering numerous statutes and RIN 1625–AA00 opportunity to comment on the executive orders (E.O.s) related to Safety Zone; Chesapeake Bay, Cape proposed rule. Publishing an NPRM rulemaking. Below we summarize our Charles, VA would also be contrary to the public analyses based on a number of these interest as immediate action is needed statutes and E.O.s, and we discuss First AGENCY: Coast Guard, DHS. to ensure the safety of the fireworks Amendment rights of protestors. ACTION: Temporary final rule. participants, patrol vessels, and other vessels transiting the fireworks display A. Regulatory Planning and Review SUMMARY: The Coast Guard is area. The Coast Guard will provide establishing a safety zone on the E.O.s 12866 and 13563 direct agencies advance notifications to users of the to assess the costs and benefits of navigable waters of the Chesapeake Bay affected waterway via marine in Cape Charles, Virginia. This safety available regulatory alternatives and, if information broadcasts and local notice regulation is necessary, to select zone will restrict vessel movement in to mariners. For the same reasons, we the specified area during a fireworks regulatory approaches that maximize find good cause, under 5 U.S.C. net benefits. E.O. 13563 emphasizes the display. This action is necessary to 553(d)(3), for making this rule effective provide for the safety of life and importance of quantifying both costs less than 30 days after publication in the and benefits, of reducing costs, of property on the surrounding navigable Federal Register. waters during the fireworks display. harmonizing rules, and of promoting III. Legal Authority and Need for Rule flexibility. This rule has not been DATES: This rule is effective and designated a ‘‘significant regulatory enforced from 8 p.m. through 8:30 p.m. The Coast Guard is issuing this rule action,’’ under E.O. 12866. Accordingly, on July 2, 2016. under authority in 33 U.S.C. 1231. The it has not been reviewed by the Office ADDRESSES: To view documents Captain of the Port Hampton Roads of Management and Budget. mentioned in this preamble as being (COTP) has determine that potential Although this safety zone restricts available in the docket, go to http:// hazards associated with the fireworks vessel traffic through the regulated area, www.regulations.gov, type USCG–2016– display starting on July 2, 2016 will be the effect of this rule will not be 0319 in the ‘‘SEARCH’’ box and click a safety concern for anyone within a significant because: (i) This rule will ‘‘SEARCH.’’ Click on Open Docket 420-foot radius of the fireworks barge. only be enforced for the limited size and Folder on the line associated with this This rule is needed to protect the duration of the event; and (ii) the Coast asabaliauskas on DSK3SPTVN1PROD with RULES rule. participants, patrol vessels, and other Guard will make extensive notification FOR FURTHER INFORMATION CONTACT: If vessels transiting the navigable waters to the maritime community via marine you have questions on this rule, call or of the Chesapeake Bay, in the vicinity of information broadcasts so mariners may email LCDR Barbara Wilk, Waterways the Sunset Beach Resort in Cape adjust their plans accordingly. Management Division Chief, Sector Charles, VA from hazards associated Hampton Roads, U.S. Coast Guard; with a fireworks display. The potential B. Impact on Small Entities telephone 757–668–5580, email hazards to mariners within the safety The Regulatory Flexibility Act of HamptonRoadsWaterway@uscg.mil. zone include accidental discharge of 1980, 5 U.S.C. 601–612, as amended, VerDate Sep<11>2014 16:39 May 27, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1


Document Created: 2016-05-28 03:57:39
Document Modified: 2016-05-28 03:57:39
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 7 a.m. on June 6, 2016, to 5 p.m. on June 23, 2016.
ContactIf you have questions on this temporary deviation, call or email Hal R. Pitts, Bridge Administration Branch Fifth District, Coast Guard, telephone 757-398-6222, email [email protected]
FR Citation81 FR 34277 
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