81 FR 50320 - Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 147 (August 1, 2016)
Coast Guard
Federal Register Volume 81, Issue 147 (August 1, 2016)
| Page Range | 50320-50321 | |
| FR Document | 2016-18080 |
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)] [Rules and Regulations] [Pages 50320-50321] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18080] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0635] Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulation; modification. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has modified a temporary deviation from the operating schedule that governs Seattle Department of Transportation's (SDOT) Fremont Bridge, across the Lake Washington Ship Canal, mile 2.6, at Seattle, WA. The modified deviation is necessary to accommodate heavy pedestrian and cycling traffic across the bridge during the `Fun Ride' event and Lake Union 10K Run event. This modified deviation allows the bridge to remain in the closed-to-navigation position and need not open to maritime traffic. DATES: This deviation is effective from 7:30 a.m. to 8:30 a.m. and 10:30 a.m. to 12:30 p.m. on August 14, 2016. ADDRESSES: The docket for this deviation, [USCG-2016-0635] 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. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]. SUPPLEMENTARY INFORMATION: On July 15, 2016, the Coast Guard published a temporary deviation entitled ``Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA'' in the Federal Register (81 FR 45971). This document was necessary for Seattle Department of Transportation (SDOT) to temporarily deviate from the operating schedule for the Fremont Bridge, mile 2.6, crossing the Lake Washington Ship Canal at Seattle, WA. This modification adds an additional closure hour on August 14, 2016 for these events. The deviation is necessary to accommodate heavy pedestrian and cycling traffic across the bridge during the `Fun Ride' event and Lake Union 10K Run event. To facilitate these events, the double bascule draw of the bridge will not open for vessel traffic during the effective date and times. The Fremont Bridge provides a vertical clearance of 14 feet (31 feet of vertical clearance for the center 36 horizontal feet) in the close-to-navigation position. The clearance is referenced to the mean water elevation of Lake Washington. The normal operating schedule for the Fremont Bridge is found at 33 CFR 117.1051. Waterway usage on the Lake Washington Ship Canal ranges from commercial tug and barge to small pleasure craft. No early Sunday morning bridge opening requests have been received during August for the Fremont Bridge in the last five years. 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, 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 [[Page 50321]] 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 designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: July 26, 2016. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2016-18080 Filed 7-29-16; 8:45 am] BILLING CODE 9110-04-P
![50320 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
Under the provisions of 33 CFR (5) Vessels proceeding in either Zone bridge during the ‘Fun Ride’ event and
100.1301, the Coast Guard will restrict I or Zone II during the hours this Lake Union 10K Run event. This
general navigation in the following area: regulation is in effect shall do so only modified deviation allows the bridge to
All waters of Lake Washington bounded at speeds which will create minimum remain in the closed-to-navigation
by the Interstate 90 (Mercer Island/ wake, seven (07) miles per hour or less. position and need not open to maritime
Lacey V. Murrow) Bridge, the western This maximum speed may be reduced at traffic.
shore of Lake Washington, and the east/ the discretion of the Patrol Commander. DATES: This deviation is effective from
west line drawn tangent to Bailey (6) Upon completion of the daily 7:30 a.m. to 8:30 a.m. and 10:30 a.m. to
Peninsula and along the shoreline of racing activities, all vessels leaving 12:30 p.m. on August 14, 2016.
Mercer Island. either Zone I or Zone II shall proceed at ADDRESSES: The docket for this
The regulated area has been divided speeds of seven (07) miles per hour or deviation, [USCG–2016–0635] is
into two zones. The zones are separated less. The maximum speed may be available at http://www.regulations.gov.
by a line perpendicular from the I–90 reduced at the discretion of the Patrol Type the docket number in the
Bridge to the northwest corner of the Commander. ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
East log boom and a line extending from (7) A succession of sharp, short Click on Open Docket Folder on the line
the southeast corner of the East log signals by whistle or horn from vessels associated with this deviation.
boom to the southeast corner of the patrolling the areas under the direction
FOR FURTHER INFORMATION CONTACT: If
hydroplane race course and then to the of the Patrol Commander shall serve as
you have questions on this temporary
northerly tip of Ohlers Island in signal to stop. Vessels signaled shall deviation, call or email Mr. Steven
Andrews Bay. The western zone is stop and shall comply with the orders Fischer, Bridge Administrator,
designated Zone I, the eastern zone, of the patrol vessel; failure to do so may Thirteenth Coast Guard District;
Zone II. (Refer to NOAA Chart 18447). result in expulsion from the area, telephone 206–220–7282, email d13-pf-
The Coast Guard will maintain a citation for failure to comply, or both. d13bridges@uscg.mil.
patrol consisting of Coast Guard vessels, The Captain of the Port may be
SUPPLEMENTARY INFORMATION: On July
assisted by Coast Guard Auxiliary assisted by other federal, state and local
law enforcement agencies in enforcing 15, 2016, the Coast Guard published a
vessels, in Zone II. The Coast Guard temporary deviation entitled
patrol of this area is under the direction this regulation.
This notice is issued under authority ‘‘Drawbridge Operation Regulation;
of the Coast Guard Patrol Commander Lake Washington Ship Canal, Seattle,
(the ‘‘Patrol Commander’’). The Patrol of 33 CFR 100.1301 and 5 U.S.C. 552(a).
If the Captain of the Port determines WA’’ in the Federal Register (81 FR
Commander is empowered to control 45971). This document was necessary
the movement of vessels on the that the regulated area need not be
enforced for the full duration stated in for Seattle Department of Transportation
racecourse and in the adjoining waters (SDOT) to temporarily deviate from the
during the periods this regulation is in this notice, he or she may use a
Broadcast Notice to Mariners to grant operating schedule for the Fremont
effect. The Patrol Commander may be Bridge, mile 2.6, crossing the Lake
assisted by other federal, state and local general permission to enter the
regulated area. Washington Ship Canal at Seattle, WA.
law enforcement agencies. This modification adds an additional
Only vessels authorized by the Patrol Dated: July 20, 2016. closure hour on August 14, 2016 for
Commander may be allowed to enter M.W. Raymond, these events. The deviation is necessary
Zone I during the hours this regulation Captain, U.S. Coast Guard, Captain of the to accommodate heavy pedestrian and
is in effect. Vessels in the vicinity of Port, Puget Sound. cycling traffic across the bridge during
Zone I shall maneuver and anchor as [FR Doc. 2016–18127 Filed 7–29–16; 8:45 am] the ‘Fun Ride’ event and Lake Union
directed by the Patrol Commander. BILLING CODE 9110–04–P 10K Run event. To facilitate these
During the times in which the events, the double bascule draw of the
regulation is in effect, the following bridge will not open for vessel traffic
rules shall apply: DEPARTMENT OF HOMELAND during the effective date and times. The
(1) Swimming, wading, or otherwise SECURITY Fremont Bridge provides a vertical
entering the water in Zone I by any clearance of 14 feet (31 feet of vertical
person is prohibited while hydroplane Coast Guard
clearance for the center 36 horizontal
boats are on the racecourse. At other feet) in the close-to-navigation position.
times in Zone I, any person entering the 33 CFR Part 117
The clearance is referenced to the mean
water from the shoreline shall remain [Docket No. USCG–2016–0635] water elevation of Lake Washington.
west of the swim line, denoted by The normal operating schedule for the
buoys, and any person entering the Drawbridge Operation Regulation; Fremont Bridge is found at 33 CFR
water from the log boom shall remain Lake Washington Ship Canal, Seattle, 117.1051. Waterway usage on the Lake
within ten (10) feet of the log boom. WA Washington Ship Canal ranges from
(2) Any person swimming or AGENCY: Coast Guard, DHS. commercial tug and barge to small
otherwise entering the water in Zone II ACTION: Notice of temporary deviation pleasure craft. No early Sunday morning
shall remain within ten (10) feet of a from regulation; modification. bridge opening requests have been
vessel. received during August for the Fremont
(3) Rafting to a log boom will be SUMMARY: The Coast Guard has modified Bridge in the last five years.
limited to groups of three vessels. a temporary deviation from the Vessels able to pass through the
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(4) Up to six (6) vessels may raft operating schedule that governs Seattle bridge in the closed-to-navigation
together in Zone II if none of the vessels Department of Transportation’s (SDOT) position may do so at anytime. The
are secured to a log boom. Only vessels Fremont Bridge, across the Lake bridge will be able to open for
authorized by the Patrol Commander, Washington Ship Canal, mile 2.6, at emergencies, and there is no immediate
other law enforcement agencies or event Seattle, WA. The modified deviation is alternate route for vessels to pass. The
sponsors shall be permitted to tow other necessary to accommodate heavy Coast Guard will also inform the users
watercraft or inflatable devices. pedestrian and cycling traffic across the of the waterways through our Local and
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![Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50321
Broadcast Notices to Mariners of the If you use a telecommunications A CMP is defined in the statute as any
change in operating schedule for the device for the deaf or a text telephone, penalty, fine, or other sanction that is
bridge so that vessels can arrange their call the Federal Relay Service, toll free, (1) for a specific monetary amount as
transits to minimize any impact caused at 1–800–877–8339. provided by Federal law, or has a
by the temporary deviation. Individuals with disabilities can maximum amount provided for by
In accordance with 33 CFR 117.35(e), obtain this document in an accessible Federal law; (2) assessed or enforced by
the drawbridge must return to its regular format (e.g., braille, large print, an agency pursuant to Federal law; and
operating schedule immediately at the audiotape, or compact disc) on request (3) assessed or enforced pursuant to an
end of the designated time period. This to the contact person listed in this
administrative proceeding or a civil
deviation from the operating regulations section.
action in the Federal courts.
is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION:
Background: The Federal Civil The formula for the amount of a CMP
Dated: July 26, 2016.
Penalties Inflation Adjustment Act of inflation adjustment is prescribed by
Steven M. Fischer, law, as explained in OMB Memorandum
Bridge Administrator, Thirteenth Coast Guard
1990 (Inflation Adjustment Act) (28
U.S.C. 2461 note) provides for the M–16–06 (February 24, 2016), and is not
District.
regular evaluation of civil monetary subject to the exercise of discretion by
[FR Doc. 2016–18080 Filed 7–29–16; 8:45 am]
penalties (CMPs) to ensure that they the Secretary of Education (Secretary).
BILLING CODE 9110–04–P
continue to maintain their deterrent Under the 2015 Act, the Department
value. The Inflation Adjustment Act must use, as the baseline for adjusting
required that each agency issue the CMPs in this IFR, the CMP amounts
DEPARTMENT OF EDUCATION regulations to adjust its CMPs beginning as they were most recently established
34 CFR Part 36 in 1996 and at least every four years or adjusted under a provision of law
thereafter. The Department published its other than by the Inflation Adjustment
RIN 1801–AA16 most recent cost adjustment to each Act. In accordance with the 2015 Act,
[Docket ID ED–2015–OGC–0051] CMP in the Federal Register on October we are not using the amounts set out in
2, 2012 (77 FR 60047), and those 34 CFR part 36 in 2012 in the formula
Adjustment of Civil Monetary Penalties adjustments became effective on the used to adjust for inflation because
for Inflation date of publication. those CMP amounts were updated
On November 2, 2015, the President pursuant to the Inflation Adjustment
AGENCY: Department of Education. signed into law the Federal Civil Act.2 Instead, the baselines we are using
ACTION: Interim final regulations. Penalties Inflation Adjustment Act are the amounts set out most recently in
Improvements Act of 2015 (the 2015
SUMMARY: The Department of Education each of the statutes that provide for civil
Act) (section 701 of Pub. L. 114–74),
(Department) issues these interim final penalties. Using these statutory CMPs,
which further amended the Inflation
regulations to adjust the Department’s Adjustment Act, to improve the we have determined which year those
civil monetary penalties (CMPs) for effectiveness of civil monetary penalties amounts were originally enacted by
inflation, as required by the Federal and to maintain their deterrent effect. Congress (or the year the statutory
Civil Penalties Inflation Adjustment Act The 2015 Act requires agencies to: (1) amounts were last amended by the
Improvements Act of 2015 (the 2015 Adjust the level of civil monetary statute that established the penalty) and
Act), which further amended the penalties with an initial ‘‘catch-up’’ used the annual inflation adjustment
Federal Civil Penalties Inflation adjustment through an interim final multiplier corresponding to that year
Adjustment Act of 1990 (the Inflation rulemaking (IFR); and (2) make from Table A of OMB Memorandum M–
Adjustment Act). subsequent annual adjustments for 16–06. We then rounded the number to
DATES: These regulations are effective inflation. Catch-up adjustments are the nearest dollar and checked, as
August 1, 2016. In this rule, the adjusted based on the percent change between required by the Inflation Adjustment
civil penalty amounts are applicable the Consumer Price Index for all Urban Act, to see if that adjusted amount
only to civil penalties assessed after Consumers (CPI–U) for the month of exceeded 150 percent of the CMP
August 1, 2016, whose associated October in the year the penalty was last amount that was established under 34
violations occurred after November 2, adjusted by a statute other than the CFR part 36, and in effect on November
2015, the date of enactment of the 2015 Inflation Adjustment Act, and the 2, 2015. If any of the amounts exceeded
Amendments. Therefore, violations October 2015 CPI–U. Annual inflation 150 percent, we are required to use the
occurring on or before November 2, adjustments are based on the percent lesser amount (the 150 percent amount).
2015, and assessments made prior to change between the October CPI–U All of the adjusted amounts were less
August 1, 2016 whose associated preceding the date of each statutory than 150 percent so we did not have to
violations occurred after November 2, adjustment, and the prior year’s October replace any of the amounts we
2015, will continue to be subject to the CPI–U.1
The Department is required to publish calculated using the multiplier from
civil monetary penalty amounts set forth
an IFR with the initial penalty Table A of OMB Memorandum M–16–
in the Department’s existing regulations
adjustment amounts by July 1, 2016, 06 with the lesser amount.
at 34 CFR 36.2 (or as set forth by statute
if the amount has not yet been adjusted and the new penalty levels must take
2 As originally enacted, the Inflation Adjustment
by regulation). effect no later than August 1, 2016.
Act limited the first increased adjustment, which
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FOR FURTHER INFORMATION CONTACT: These adjustments will apply to all civil we made through regulation, to a maximum of 10
Levon Schlichter, U.S. Department of monetary penalties covered by the percent. This 10 percent limitation affected the
Education, Office of the General Inflation Adjustment Act. increase we last made in the 2012 rulemaking. In
the 2015 Act, Congress determined that limiting the
Counsel, 400 Maryland Avenue SW., 1 If a statute that created a penalty is amended to first adjustments to 10 percent reduced the
Room 6E235, Washington, DC 20202– change the penalty amount, the Department does effectiveness of the penalties, so the 2015 Act
2241. Telephone: (202) 453–6387 or by not adjust the penalty in the year following the requires us to use the statutory amounts as our
email: levon.schlichter@ed.gov. adjustment. baseline.
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Document Created: 2016-07-30 06:25:34
Document Modified: 2016-07-30 06:25:34
| 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 temporary deviation from regulation; modification. | |
| Dates | This deviation is effective from 7:30 a.m. to 8:30 a.m. and 10:30 a.m. to 12:30 p.m. on August 14, 2016. | |
| Contact | If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected] | |
| FR Citation | 81 FR 50320 |
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