81 FR 6178 - 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 24 (February 5, 2016)
Coast Guard
Federal Register Volume 81, Issue 24 (February 5, 2016)
| Page Range | 6178-6179 | |
| FR Document | 2016-02100 |
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)] [Rules and Regulations] [Pages 6178-6179] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02100] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0046] 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. ----------------------------------------------------------------------- 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 February 5, 2016 to 7 p.m. on February 7, 2016. ADDRESSES: The docket for this deviation [USCG-2016-0046] 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 new festoon systems between the bridge towers. 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 7 p.m. from February 5, 2016 through February 7, 2016. During this temporary deviation, the bridge will operate per 33 CFR 117.997(b) from 7 p.m. to 7 a.m. The South Branch of the Elizabeth River is used by a variety of vessels including deep draft ocean-going [[Page 6179]] 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 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 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: January 28, 2016. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2016-02100 Filed 2-4-16; 8:45 am] BILLING CODE 9110-04-P
![6178 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations
safety and health, so the state program Authority and Signature DEPARTMENT OF HOMELAND
could eventually be approved as a State David Michaels, Ph.D., MPH, SECURITY
and Local Government Only State Plan. Assistant Secretary of Labor for
Since 1971 the Maine program for Occupational Safety and Health, U.S. Coast Guard
public employers has been in operation Department of Labor, 200 Constitution
under the Maine Department of Labor Ave. NW., Washington, DC, authorized 33 CFR Part 117
with state funding and all state and the preparation of this notice. OSHA is [Docket No. USCG–2016–0046]
local government employers in the state issuing this notice under the authority
have been subject to its terms. specified by Section 18 of the Drawbridge Operation Regulation;
Compliance with state OSHA standards Occupational Safety and Health Act of Atlantic Intracoastal Waterway, South
is required by state law; Federal 1970 (29 U.S.C. 667), Secretary of Branch of the Elizabeth River,
approval of a State Plan imposes Labor’s Order No. 1–2012 (77 FR 3912), Portsmouth-Chesapeake, VA
regulatory requirements only on the and 29 CFR parts 1902 and 1956.
agency responsible for administering the AGENCY: Coast Guard, DHS.
State Plan. Accordingly, no new Signed in Washington, DC, on January 29, ACTION:Notice of deviation from
2016. drawbridge regulation.
obligations would be placed on public
David Michaels,
sector employers as a result of Federal
approval of the Plan. Assistant Secretary of Labor for Occupational SUMMARY: The Coast Guard has issued a
Safety and Health. temporary deviation from the operating
D. Federalism Amendments to Regulation schedule that governs the Norfolk and
Western railroad bridge (Norfolk
Executive Order 13132, ‘‘Federalism,’’ For the reasons set forth in the Southern V6.8 Bridge) across the South
emphasizes consultation between preamble of this final rule, 29 CFR part Branch of the Elizabeth River, mile 3.6,
Federal agencies and the states and 1952 is amended as set forth below. at Portsmouth-Chesapeake, VA. The
establishes specific review procedures deviation is necessary to perform bridge
the Federal Government must follow as PART 1952—APPROVED STATE
maintenance and repairs. This deviation
it carries out policies that affect state or PLANS FOR ENFORCEMENT OF
allows the bridge to remain in the
local governments. OSHA has consulted STATE STANDARDS
closed-to-navigation position.
extensively with Maine throughout the
■ 1. The authority citation for part 1952 DATES: This deviation is effective from
development, submission and
continues to read as follows: 7 a.m. on February 5, 2016 to 7 p.m. on
consideration of its State Plan. Although
Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. February 7, 2016.
OSHA has determined that the
667); 29 CFR part 1902; Secretary of Labor’s ADDRESSES: The docket for this
requirements and consultation
procedures provided in Executive Order Order No. 1–2012 (77 FR 3912, Jan. 25, 2012). deviation [USCG–2016–0046] is
13132 are not applicable to initial available at http://www.regulations.gov.
Subpart B—List of Approved State Type the docket number in the
approval decisions under the OSH Act, Plans for State and Local Government
which have no effect outside the ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Employees Click on Open Docket Folder on the line
particular state receiving the approval,
OSHA has reviewed this final rule, and associated with this deviation.
■ 2. Add § 1952.28 to read as follows:
believes it is consistent with the FOR FURTHER INFORMATION CONTACT: If
principles and criteria set forth in the § 1952.28 Maine. you have questions on this temporary
Executive Order. (a) The Maine State Plan for State and deviation, call or email Hal R. Pitts,
local government employees received Bridge Administration Branch Fifth
E. Administrative Procedures initial approval from the Assistant District, Coast Guard, telephone 757–
Secretary on August 5, 2015. 398–6222, email Hal.R.Pitts@uscg.mil.
This Federal Register document is (b) The Plan further provides
designated a ‘‘final rule.’’ That SUPPLEMENTARY INFORMATION: The
assurances of a fully trained, adequate Norfolk Southern Corporation, that
designation is necessary because OSHA staff within three years of plan approval,
publishes a description of every state owns and operates the Norfolk and
including 2 safety and 1 health Western railroad bridge (Norfolk
plan in 29 CFR part 1952. Because they compliance officers for enforcement
are set forth in the Code of Federal Southern V6.8 Bridge), has requested a
inspections, and 3 safety and 1 health temporary deviation from the current
Regulations, these descriptions can be consultants to perform consultation
added or updated only by publishing a operating regulations to install new
services in the public sector. The State festoon systems between the bridge
‘‘final rule’’ document in the final rules has assured that it will continue to
section of the Federal Register. Such towers. The bridge is a vertical lift draw
provide a sufficient number of bridge and has a vertical clearance in
rules do not contain any new Federal adequately trained and qualified
regulatory requirements, but merely the closed position of 10 feet above
personnel necessary for the enforcement mean high water.
provide public information about the of standards as required by 29 CFR
state plan. The current operating schedule is set
1956.10. The State has also given out in 33 CFR 117.997(b). Under this
Today’s action is solely a satisfactory assurance of adequate temporary deviation, the bridge will
formalization of the initial approval of funding to support the Plan. remain in the closed-to-navigation
the Maine State Plan, which was (c) The plan only covers State and position from 7 a.m. to 7 p.m. from
granted on August 5, 2015 (80 FR local government employers and February 5, 2016 through February 7,
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46487). employees within the State. For 2016. During this temporary deviation,
additional details about the plan, please the bridge will operate per 33 CFR
List of Subjects in 29 CFR Part 1952 visit https://www.osha.gov/dcsp/osp/ 117.997(b) from 7 p.m. to 7 a.m.
Intergovernmental relations, Law stateprogs/maine.html. The South Branch of the Elizabeth
enforcement, Occupational safety and [FR Doc. 2016–02069 Filed 2–4–16; 8:45 am] River is used by a variety of vessels
health. BILLING CODE 4510–26–P including deep draft ocean-going
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![Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6179
vessels, U.S. government vessels, small or anchoring within this safety zone is safety zone by January 6, 2016.We are
commercial vessels, recreational vessels prohibited unless specifically issuing this rule, and under 5 U.S.C.
and tug and barge traffic. The Coast authorized by Captain of the Port 553(d)(3), the Coast Guard finds that
Guard has carefully coordinated the (COTP) Morgan City or other designated good cause exists for making it effective
restrictions with waterway users. representative. less than 30 days after publication in the
There will be limited opportunity for DATES: This rule is effective without Federal Register. Delaying the effective
vessels to transit through the bridge in actual notice from February 5, 2016 date of this rule would be contrary to
the closed position during this until February 27, 2016. For the public interest because immediate
temporary deviation. Vessels able to purposes of enforcement, actual notice action is needed to provide additional
pass through the bridge in the closed will be used from January 6, 2016 until safety measure during the repair work
position may do so after receiving February 5, 2016. so that it may be completed before the
confirmation from the bridge tender that ADDRESSES: To view documents high traffic periods during the
it is safe to transit through the bridge. mentioned in this preamble as being upcoming shrimping season.
The bridge will not be able to open for available in the docket, go to http:// III. Legal Authority and Need for Rule
emergencies and there is no immediate www.regulations.gov, type USCG–2015–
alternate route for vessels to pass. The 1125 in the ‘‘SEARCH’’ box and click The legal basis and authorities for this
Coast Guard will also inform the users ‘‘SEARCH.’’ Click on Open Docket rule are found in 33 U.S.C. 1231.
of the waterways through our Local and Folder on the line associated with this The purpose of the rule is to establish
Broadcast Notices to Mariners of the rule. the necessary temporary safety zone to
change in operating schedule for the provide protection for persons and
FOR FURTHER INFORMATION CONTACT: If
bridge so that vessel operators can property from the hazards associated
you have questions on this rule, call or
arrange their transit to minimize any with the repairs. This includes
email Lieutenant Junior Grade Vanessa
impact caused by the temporary commercial and recreational vessels that
Taylor, Chief of Waterways
deviation. may be in the area during the repair,
Management, U.S. Coast Guard MSU
In accordance with 33 CFR 117.35(e), removal and re-installation of the
Morgan City 800 David Dr., Morgan
the drawbridge must return to its regular Boudreaux Canal Flood Gates.
City, LA 70380; telephone (985) 380–
operating schedule immediately at the 5334, email Vanessa.R.Taylor@uscg.mil. IV. Discussion of the Rule
end of the effective period of this
SUPPLEMENTARY INFORMATION: This rule establishes a safety zone
temporary deviation. This deviation
from the operating regulations is I. Table of Abbreviations from January 6, 2016 through January
authorized under 33 CFR 117.35. 15, 2016 and from February 18, 2016
CFR Code of Federal Regulations through February 27, 2016. The safety
Dated: January 28, 2016. DHS Department of Homeland Security
E.O. Executive order
zone will cover all navigable waters
Hal R. Pitts, within a 750 foot radius around
FR Federal Register
Bridge Program Manager, Fifth Coast Guard NPRM Notice of proposed rulemaking coordinate 29°23.117 N., 90°37.038 W.
District. Pub. L. Public Law which is located in center of the
[FR Doc. 2016–02100 Filed 2–4–16; 8:45 am] § Section Boudreaux Canal Flood Gates. This
BILLING CODE 9110–04–P U.S.C. United States Code safety zone is intended to protect
II. Background Information and personnel, vessels, and the marine
Regulatory History environment in these navigable waters
DEPARTMENT OF HOMELAND while the inspection, repair, removal,
SECURITY The Coast Guard is issuing this and re-installation of flood gates occurs.
temporary rule without prior notice and No vessel or person will be permitted to
Coast Guard opportunity to comment pursuant to enter the safety zone without obtaining
authority under section 4(a) of the permission from the COTP or a
33 CFR Part 165 Administrative Procedure Act (APA) (5 designated representative.
[Docket Number USCG–2015–1125] U.S.C. 553(b)). This provision
authorizes an agency to issue a rule V. Regulatory Analyses
RIN 1625–AA00 without prior notice and opportunity to We developed this rule after
comment when the agency for good considering numerous statutes and
Safety Zone; Bayou Petite Caillou, cause finds that those procedures are
Boudreaux Canal Floodgate; Chauvin, executive orders (E.O.s) related to
‘‘impracticable, unnecessary, or contrary rulemaking. Below we summarize our
LA to the public interest.’’ Under 5 U.S.C. analyses based on a number of these
AGENCY: Coast Guard, DHS. 553(b)(B), the Coast Guard finds that statutes and E.O.s, and we discuss First
ACTION: Temporary final rule. good cause exists for not publishing a Amendment rights of protestors.
notice of proposed rulemaking (NPRM)
SUMMARY: The Coast Guard is with respect to this rule because repair A. Regulatory Planning and Review
establishing a temporary safety zone on work on the Boudreaux Canal Sector E.O.s 12866 and 13563 direct agencies
all navigable waters within a 750 foot Flood Gates located on Bayou Petite to assess the costs and benefits of
radius around the center of the Caillou needs to be completed before available regulatory alternatives and, if
Boudreaux Canal Flood Gates in marine traffic increases during the regulation is necessary, to select
Chauvin, LA. This safety zone is extremely high traffic periods of the regulatory approaches that maximize
necessary to protect persons, property, upcoming shrimping season. The Coast net benefits. E.O. 13563 emphasizes the
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and infrastructure from potential Guard received notice of the need for importance of quantifying both costs
damage and safety hazards associated this repair December 16, 2015. Repair and benefits, of reducing costs, of
with repair work on the Boudreaux work pushed to any later date will harmonizing rules, and of promoting
Canal Sector Flood Gates located on unnecessarily create major traffic flexibility. This rule has not been
Bayou Petite Caillou. During the periods delays. It is impracticable to publish an designated a ‘‘significant regulatory
of enforcement, entry into and transiting NPRM because we must establish this action,’’ under E.O. 12866. Accordingly,
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Document Created: 2016-02-05 00:18:03
Document Modified: 2016-02-05 00:18:03
| 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 regulation. | |
| Dates | This deviation is effective from 7 a.m. on February 5, 2016 to 7 p.m. on February 7, 2016. | |
| 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] | |
| FR Citation | 81 FR 6178 |
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