81 FR 49898 - Drawbridge Operation Regulation; James River, Hopewell, VA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 146 (July 29, 2016)
Coast Guard
Federal Register Volume 81, Issue 146 (July 29, 2016)
| Page Range | 49898-49899 | |
| FR Document | 2016-17976 |
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)] [Rules and Regulations] [Pages 49898-49899] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17976] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0668] Drawbridge Operation Regulation; James River, Hopewell, 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 SR 156/Benjamin Harrison Memorial Bridge across the James River, mile 65.0, at Hopewell, VA. The deviation is necessary to facilitate bridge maintenance and repairs. This deviation [[Page 49899]] allows the bridge to remain in the closed-to-navigation position. DATES: This deviation is effective without actual notice from July 29, 2016 through 6 a.m. on Friday, September 30, 2016. For the purposes of enforcement, actual notice will be used from 8 p.m. on Monday, July 25, 2016, until July 29, 2016. ADDRESSES: The docket for this deviation, [USCG-2016-0668] 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. Michael Thorogood, Bridge Administration Branch Fifth District, Coast Guard, telephone 757-398- 6557, email [email protected]. SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation, who owns and operates the SR 156/Benjamin Harrison Memorial Bridge across the James River, mile 65.0, at Hopewell, VA, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.5, to facilitate replacement of the service elevators for both lift towers, install new electrical wiring, bird screens, and structural steel of the bridge. Under this temporary deviation, the bridge will be in the closed-to-navigation position from 8 p.m. to 6 a.m.; Monday through Thursday; July 25, 2016 to July 29, 2016; August 1, 2016 to August 5, 2016; September 5, 2016 to September 9, 2016; September 12, 2016 to September 16, 2016; and alternative dates from September 19, 2016 to September 23, 2016; and September 26, 2016 to September 30, 2016. The bridge will open for vessels on signal during scheduled closure periods, if at least 24 hours notice is given. The bridge is a vertical lift bridge has a vertical clearance of 50 feet in the closed-to-navigation position above mean water. The James River is used by a variety of vessels including deep- draft vessels, tug and barge traffic, and recreational vessels. The Coast Guard has carefully coordinated the restrictions with waterway users in publishing this temporary deviation. Vessels able to pass through the bridge in the closed-to-navigation position may do so at anytime. The bridge will be able to open for emergencies during scheduled closure periods, if at least 30 minutes notice is given. The Coast Guard will also inform the users of the waterway through our Local Notice 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: July 25, 2016. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2016-17976 Filed 7-28-16; 8:45 am] BILLING CODE 9110-04-P
![49898 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations
least one producing Indian lease that is reduce price is a taking under Hodel location and quality differentials. The
in Wasatch County in the Uintah and because this regulation denies the rule has not yet been in effect for a
Ouray Reservation, which is outside of beneficiary the difference between the period of time sufficient to demonstrate
both of the designated areas listed in the market rate and major portion; (4) there that there has been a significant change
Uintah and Ouray Reservation. ONRR is no basis for allowing a transportation in the market on the Fort Berthold
also identified two other counties— deduction because typical carriers Reservation. Should the markets change
Carbon and Emery Counties—in the charge consumers for transportation in the future, the lessees/operators,
Uintah and Ouray Reservation that were rather than the mineral owner; and (5) Tribes, or individual Indian mineral
not in the listed designated areas that do North Dakota recovered millions owners can petition ONRR to change the
not currently have Indian leases but because deductions were not in their designated areas in the future. The
could in the future. leases and, likewise, Indian leases do purpose of this technical conference
To address these issues, ONRR held not authorize this illegality. was to change the boundary between the
two technical conferences. ONRR ONRR Response: The technical two Fort Berthold designated areas, not
published notice of the technical conference was simply to discuss to add another designated area.
conferences in the Federal Register on amending the Fort Berthold designated Therefore, adding a designated area was
October 29, 2015. 80 FR 66417. The first areas to use the Missouri River rather outside the scope of this technical
technical conference was held in person than the Little Missouri River to divide conference.
on November 20, 2015, at 9:00 a.m., the two designated areas. These Public Comment: The Ute Indian
Mountain Time in Denver, Colorado, at comments apply to the Indian Oil Tribe indicated it would prefer to have
the Office of Natural Resources Valuation Amendments as a whole and Wasatch and Carbon Counties added to
Revenue, Denver Federal Center, 6th do not directly relate to the appropriate the Uintah & Ouray–Duchesne County
Avenue and Kipling Street, Building 85, boundary for the two Fort Berthold Designated Area and Emery County
Auditoriums A–D, Denver, Colorado designated areas. ONRR addressed added to the Uintah & Ouray–Grand and
80226. The second technical conference comments similar to the one above in Uintah Counties Designated Area. The
was a teleconference on November 20, the preamble of the final rule, which Tribe indicated the infrastructure on the
2015, at 2:00 p.m. Mountain Time. can be found at 80 FR 24,794 (May 1, Uintah & Ouray Reservation supported
Fifteen people attended the technical 2015). this configuration.
conferences, of which seven were from Public Comment: The industry ONRR Response: ONRR agrees with
ONRR, three from Tribes, and five from commenter suggested that ONRR take this comment and has modified the
industry. this opportunity to divide the Fort definition of the two designated areas in
ONRR also solicited comments on the Berthold Reservation into three the Uintah and Ouray Reservation by
proposed changes through November designated areas: The first designated adding Wasatch and Carbon Counties to
30, 2015. On February 17, 2016, ONRR area would include lands north of the
the Uintah & Ouray–Duchesne County
consulted with the Ute Indian Tribe on Missouri River, the second would
Designated Area and Emery County the
adding the Wasatch, Carbon, and Emery include the lands south of the Missouri
Uintah & Ouray–Grand and Uintah
Counties to the two Uintah and Ouray River and north of the Little Missouri
Counties Designated Area.
Designated Areas. Also, on March 4, River, and the third would include the
2016, ONRR consulted with lands south of the Little Missouri River. Dated: June 28, 2016.
representatives of the Three Affiliated The commenter believes the available Gregory J. Gould,
Tribes on changing the boundary line transportation infrastructures support Director, Office of Natural Resources
between the North Fort Berthold and dividing the Fort Berthold Reservation Revenue.
South Fort Berthold Designated Areas. into three designated areas because the [FR Doc. 2016–17599 Filed 7–28–16; 8:45 am]
Public Comments: Generally, the lands north of the Little Missouri River BILLING CODE 4335–30–P
parties attending the technical have evolving pipeline facilities that can
conference and consultations agreed transport production from the lease,
with ONRR’s proposal to modify the whereas leases south of the Little
definition of the (1) Uintah and Ouray Missouri River do not have the same DEPARTMENT OF HOMELAND
Designated Areas to include Wasatch, available infrastructure. SECURITY
Carbon, and Emery Counties; and (2) ONRR Response: Dividing the Fort
North Fort Berthold and South Fort Berthold into two designated areas was Coast Guard
Berthold Designated Areas to use the a compromise negotiated by the Indian
Missouri River as the boundary line Oil Negotiated Rulemaking Committee 33 CFR Part 117
between the two designated areas rather (Committee). Generally, industry
[Docket No. USCG–2016–0668]
than the Little Missouri River. ONRR advocated using specific fields as
received three additional comments: designated areas. Alternatively, Tribes Drawbridge Operation Regulation;
One from industry, one from an and individual Indian mineral owners James River, Hopewell, VA
individual Indian mineral owner, and promoted a broader area. Ultimately, the
one from a Tribe. Committee agreed to divide Fort AGENCY: Coast Guard, DHS.
Public Comment: The individual Berthold into two designated areas as a ACTION:Notice of deviation from
Indian mineral owner sent a comment compromise. To date, ONRR has found drawbridge regulations.
stating he did not support dividing the no reason to ignore the conclusions of
asabaliauskas on DSK3SPTVN1PROD with RULES
Fort Berthold Reservation into two the Committee. SUMMARY: The Coast Guard has issued a
designated areas for five reasons: (1) The The final rule and the preamble of the temporary deviation from the operating
idea of selling price by field is an proposed rule specifically allow lessees/ schedule that governs the SR 156/
anachronism; (2) the price must be the operators, Tribes, and Indian mineral Benjamin Harrison Memorial Bridge
highest in the world wherever that may owners to petition ONRR to convene a across the James River, mile 65.0, at
be because industry uses the tax code, technical conference to review, modify, Hopewell, VA. The deviation is
hedging, swaps, etc. in order to obtain or add designated areas where there is necessary to facilitate bridge
the highest price; (3) this attempt to a significant change that affects the maintenance and repairs. This deviation
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![Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations 49899
allows the bridge to remain in the Local Notice and Broadcast Notices to EPA may publish any comment received
closed-to-navigation position. Mariners of the change in operating to its public docket. Do not submit
DATES: This deviation is effective schedule for the bridge so that vessel electronically any information you
without actual notice from July 29, 2016 operators can arrange their transits to consider to be Confidential Business
through 6 a.m. on Friday, September 30, minimize any impact caused by the Information (CBI) or other information
2016. For the purposes of enforcement, temporary deviation. whose disclosure is restricted by statute.
actual notice will be used from 8 p.m. In accordance with 33 CFR 117.35(e), Multimedia submissions (audio, video,
on Monday, July 25, 2016, until July 29, the drawbridge must return to its regular etc.) must be accompanied by a written
2016. operating schedule immediately at the comment. The written comment is
ADDRESSES: The docket for this end of the effective period of this considered the official comment and
deviation, [USCG–2016–0668] is temporary deviation. This deviation should include discussion of all points
available at http://www.regulations.gov. from the operating regulations is you wish to make. EPA will generally
Type the docket number in the authorized under 33 CFR 117.35. not consider comments or comment
‘‘SEARCH’’ box and click ‘‘SEARCH’’. Dated: July 25, 2016. contents located outside of the primary
Click on Open Docket Folder on the line Hal R. Pitts, submission (i.e. on the web, cloud, or
associated with this deviation. Bridge Program Manager, Fifth Coast Guard other file sharing system). For
FOR FURTHER INFORMATION CONTACT: If District. additional submission methods, the full
you have questions on this temporary [FR Doc. 2016–17976 Filed 7–28–16; 8:45 am]
EPA public comment policy,
deviation, call or email Mr. Michael information about CBI or multimedia
BILLING CODE 9110–04–P
Thorogood, Bridge Administration submissions, and general guidance on
Branch Fifth District, Coast Guard, making effective comments, please visit
telephone 757–398–6557, email http://www2.epa.gov/dockets/
ENVIRONMENTAL PROTECTION commenting-epa-dockets.
Michael.R.Thorogood@uscg.mil. AGENCY
SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT:
Virginia Department of Transportation, 40 CFR Part 52 Richard Wong, Air Regulatory
who owns and operates the SR 156/ Management Section, Air Planning and
[EPA–R04–OAR–2016–0129; FRL–9949–65– Implementation Branch, Air, Pesticides
Benjamin Harrison Memorial Bridge Region 4]
across the James River, mile 65.0, at and Toxics Management Division, U.S.
Hopewell, VA, has requested a Air Plan Approval; Alabama: Volatile Environmental Protection Agency,
temporary deviation from the current Organic Compounds Region 4, 61 Forsyth Street SW.,
operating regulations set out in 33 CFR Atlanta, Georgia 30303–8960. The
117.5, to facilitate replacement of the AGENCY: Environmental Protection telephone number is (404) 562–8726.
service elevators for both lift towers, Agency (EPA). Mr. Wong can also be reached via
install new electrical wiring, bird ACTION: Direct final rule. electronic mail at wong.richard@
screens, and structural steel of the epa.gov.
SUMMARY: The Environmental Protection
bridge. Under this temporary deviation, Agency (EPA) is approving a revision to SUPPLEMENTARY INFORMATION:
the bridge will be in the closed-to- the Alabama State Implementation Plan
navigation position from 8 p.m. to 6 I. Background
(SIP) submitted by the Alabama
a.m.; Monday through Thursday; July Tropospheric ozone, commonly
Department of Environmental
25, 2016 to July 29, 2016; August 1, known as smog, occurs when VOC and
Management (ADEM) on October 26,
2016 to August 5, 2016; September 5, nitrogen oxides (NOX) react in the
2015. The revision modifies the
2016 to September 9, 2016; September atmosphere in the presence of sunlight.
definition of ‘‘volatile organic
12, 2016 to September 16, 2016; and Because of the harmful health effects of
compounds’’ (VOC). Specifically, the
alternative dates from September 19, ozone, EPA and state governments limit
revision adds three compounds to the
2016 to September 23, 2016; and the amount of VOCs and NOX that can
list of those excluded from the VOC
September 26, 2016 to September 30, be released into the atmosphere. VOC
definition on the basis that these
2016. The bridge will open for vessels are those compounds of carbon
compounds make a negligible
on signal during scheduled closure (excluding carbon monoxide, carbon
contribution to tropospheric ozone
periods, if at least 24 hours notice is dioxide, carbonic acid, metallic carbides
formation. This action is being taken
given. The bridge is a vertical lift bridge or carbonates, and ammonium
pursuant to the Clean Air Act (CAA or
has a vertical clearance of 50 feet in the carbonate) that form ozone through
Act).
closed-to-navigation position above atmospheric photochemical reactions.
DATES: This direct final rule is effective
mean water. Compounds of carbon (or organic
The James River is used by a variety September 27, 2016 without further compounds) have different levels of
of vessels including deep-draft vessels, notice, unless EPA receives adverse reactivity; they do not react at the same
tug and barge traffic, and recreational comment by August 29, 2016. If EPA speed or do not form ozone to the same
vessels. The Coast Guard has carefully receives such comments, it will publish extent.
coordinated the restrictions with a timely withdrawal of the direct final Section 302(s) of the CAA specifies
waterway users in publishing this rule in the Federal Register and inform that EPA has the authority to define the
temporary deviation. the public that the rule will not take meaning of ‘‘VOC,’’ and hence what
asabaliauskas on DSK3SPTVN1PROD with RULES
Vessels able to pass through the effect. compounds shall be treated as VOC for
bridge in the closed-to-navigation ADDRESSES: Submit your comments, regulatory purposes. It has been EPA’s
position may do so at anytime. The identified by Docket ID No. EPA–R04– policy that compounds of carbon with
bridge will be able to open for OAR–2016–0129 at http:// negligible reactivity need not be
emergencies during scheduled closure www.regulations.gov. Follow the online regulated to reduce ozone and should be
periods, if at least 30 minutes notice is instructions for submitting comments. excluded from the regulatory definition
given. The Coast Guard will also inform Once submitted, comments cannot be of VOC. See 42 FR 35314 (July 8, 1977),
the users of the waterway through our edited or removed from Regulations.gov. 70 FR 54046 (September 13, 2005). EPA
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Document Created: 2018-02-08 07:51:24
Document Modified: 2018-02-08 07:51:24
| 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 July 29, 2016 through 6 a.m. on Friday, September 30, 2016. For the purposes of enforcement, actual notice will be used from 8 p.m. on Monday, July 25, 2016, until July 29, 2016. | |
| Contact | If you have questions on this temporary deviation, call or email Mr. Michael Thorogood, Bridge Administration Branch Fifth District, Coast Guard, telephone 757-398- 6557, email [email protected] | |
| FR Citation | 81 FR 49898 |
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