81 FR 65283 - Drawbridge Operation Regulation; Red River, Alexandria, LA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 184 (September 22, 2016)
Coast Guard
Federal Register Volume 81, Issue 184 (September 22, 2016)
| Page Range | 65283-65284 | |
| FR Document | 2016-22822 |
[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)] [Rules and Regulations] [Pages 65283-65284] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22822] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0890] Drawbridge Operation Regulation; Red River, Alexandria, LA 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 US 165 (Jackson Street) Drawbridge across the Red River, mile 88.6, at Alexandria, Louisiana. The deviation is necessary to allow the bridge owner time to adjust the new pinion bearings that are essential to the continued safe operation of the drawbridge. This deviation allows the bridge to remain in the closed-to-navigation position. DATES: This deviation is effective without actual notice from September 22, 2016 until 6 p.m., September 30, 2016. For the purposes of enforcement, actual notice will be used from 6 a.m. to 6 p.m., each day, from September 26, 2016 until September 30, 2016. ADDRESSES: The docket for this deviation, (USCG-2016-0890) 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 Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314-269-2378, email [email protected]. SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation and Development requested a temporary deviation for the US 165 (Jackson Street) Drawbridge, across the Red River, mile 88.6, at Alexandria, Louisiana. It has a vertical clearance of 40.0 feet above normal pool in the closed-to-navigation position. The US 165 (Jackson Street) Drawbridge currently operates in accordance with 33 CFR 117.491(b). [[Page 65284]] This deviation period is from 6 a.m. to 6 p.m., each day, from September 26, 2016 to September 30, 2016 when the draw span will remain in the closed-to-navigation position. During this time the bridge owner will adjust the new pinion bearings that are essential to the continued safe operation of the drawbridge. Navigation on the waterway consists primarily of commercial tows and recreational watercraft and will not be significantly impacted. This temporary deviation has been coordinated with waterway users. No objections were received. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass this section of the Red River. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so the 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: September 16, 2016. Eric A. Washburn, Bridge Administrator, Western Rivers. [FR Doc. 2016-22822 Filed 9-21-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Rules and Regulations 65283
party. USAID shall not have the right to each Noteholder by first class mail at Dated: September 19, 2016.
pay any amounts in respect of the the address set forth in the Note D. Bruce McPherson,
Eligible Notes other than in accordance Register. Attorney Advisor, Office of the General
with the original payment terms of such Counsel, U.S. Agency for International
Eligible Notes. § 240.16 Governing Law. Development.
This Guarantee shall be governed by [FR Doc. 2016–22856 Filed 9–21–16; 8:45 am]
§ 240.10 Payment to USAID of excess
amounts received by a Noteholder. and construed in accordance with the BILLING CODE P
If a Noteholder shall, as a result of laws of the United States of America
USAID paying compensation under this governing contracts and commercial
Guarantee, receive an excess payment, it transactions of the United States DEPARTMENT OF HOMELAND
shall refund the excess to USAID. Government. SECURITY
§ 240.11 Subrogation of USAID. Appendix A to Part 240—Application Coast Guard
In the event of payment by USAID to for Compensation
a Noteholder under this Guarantee, 33 CFR Part 117
United States Agency for International
USAID shall be subrogated to the extent Development [Docket No. USCG–2016–0890]
of such payment to all of the rights of
such Noteholder against the Borrower Washington, DC 20523 Drawbridge Operation Regulation; Red
under the related Note. Ref: Guarantee dated as of lll, 20l: River, Alexandria, LA
Gentlemen: You are hereby advised that
§ 240.12 Prosecution of claims. AGENCY: Coast Guard, DHS.
payment of $lll(consisting of $ lll of
After payment by USAID to an principal, $lll of interest and $lll in ACTION:Notice of deviation from
Applicant hereunder, USAID shall have Further Guaranteed Payments, as defined in drawbridge regulations.
exclusive power to prosecute all claims § 240.02 of the Standard Terms and SUMMARY: The Coast Guard has issued a
related to rights to receive payments Conditions of the above-mentioned temporary deviation from the operating
under the Eligible Notes to which it is Guarantee) was due on lll, 20l, on schedule that governs the US 165
thereby subrogated. If a Noteholder $lll Principal Amount of Notes issued by (Jackson Street) Drawbridge across the
continues to have an interest in the Ukraine (the ‘‘Borrower’’) held by the
Red River, mile 88.6, at Alexandria,
outstanding Eligible Notes, such a undersigned. Of such amount $lll was
Louisiana. The deviation is necessary to
Noteholder and USAID shall consult not received on such date and has not been
allow the bridge owner time to adjust
with each other with respect to their received by the undersigned at the date
the new pinion bearings that are
respective interests in such Eligible hereof. In accordance with the terms and
essential to the continued safe operation
Notes and the manner of and provisions of the above-mentioned
of the drawbridge. This deviation allows
responsibility for prosecuting claims. Guarantee, the undersigned hereby applies,
under § 240.08 of said Guarantee, for
the bridge to remain in the closed-to-
§ 240.13 Change in agreements. payment of $lll, representing $lll,
navigation position.
No Noteholder will consent to any the Principal Amount of the presently DATES: This deviation is effective
change or waiver of any provision of outstanding Note(s) of the Borrower held by without actual notice from September
any document contemplated by this the undersigned that was due and payable on 22, 2016 until 6 p.m., September 30,
Guarantee without the prior written lll and that remains unpaid, and $lll, 2016. For the purposes of enforcement,
consent of USAID. the Interest Amount on such Note(s) that was actual notice will be used from 6 a.m.
due and payable by the Borrower on lll to 6 p.m., each day, from September 26,
§ 240.14 Arbitration. 2016 until September 30, 2016.
and that remains unpaid, and $lll in
Any controversy or claim between Further Guaranteed Payments,1 plus accrued ADDRESSES: The docket for this
USAID and any Noteholder arising out and unpaid interest thereon from the date of deviation, (USCG–2016–0890) is
of this Guarantee shall be settled by default with respect to such payments to and available at http://www.regulations.gov.
arbitration to be held in Washington, DC including the date payment in full is made Type the docket number in the
in accordance with the then prevailing by you pursuant to said Guarantee, at the rate ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
rules of the American Arbitration of lll % per annum, being the rate for Click on Open Docket Folder on the line
Association, and judgment on the award such interest accrual specified in such Note. associated with this deviation.
rendered by the arbitrators may be Such payment is to be made at [state FOR FURTHER INFORMATION CONTACT: If
entered in any court of competent payment instructions of Noteholder or Fiscal you have questions on this temporary
jurisdiction. Agent, as applicable]. deviation, call or email Eric A.
All capitalized terms herein that are not Washburn, Bridge Administrator,
§ 240.15 Notice.
otherwise defined shall have the meanings Western Rivers, Coast Guard; telephone
Any communication to USAID assigned to such terms in the Standard Terms
pursuant to this Guarantee shall be in 314–269–2378, email Eric.Washburn@
and Conditions of the above-mentioned uscg.mil.
writing in the English language, shall Guarantee.
refer to the Ukraine Loan Guarantee SUPPLEMENTARY INFORMATION: The
[Name of Applicant]
Number inscribed on the Eligible Note Louisiana Department of Transportation
By: lllllllllllllllllll
and shall be complete on the day it shall and Development requested a temporary
be actually received by USAID at the Name: lllllllllllllllll deviation for the US 165 (Jackson Street)
Office of Development Credit, Bureau Title: llllllllllllllllll Drawbridge, across the Red River, mile
ehiers on DSK5VPTVN1PROD with RULES
for Economic Growth, Education and Dated: lllllllllllllllll 88.6, at Alexandria, Louisiana. It has a
Environment, United States Agency for vertical clearance of 40.0 feet above
International Development, Washington, 1 In the event the Application for Compensation normal pool in the closed-to-navigation
DC 20523–0030. Other addresses may be relates to Further Guaranteed Payments, such position. The US 165 (Jackson Street)
substituted for the above upon the Application must also contain a statement of the Drawbridge currently operates in
giving of notice of such substitution to nature and circumstances of the related loss. accordance with 33 CFR 117.491(b).
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This deviation period is from 6 a.m. persons and vessels from being in the Guard Captains of the Port are granted
to 6 p.m., each day, from September 26, safety zone unless authorized by the authority to establish safety zones in 33
2016 to September 30, 2016 when the Captain of the Port Columbia River, or CFR 1.05–1(f) for safety purposes as
draw span will remain in the closed-to- a designated representative. described in 33 CFR part 165.
navigation position. During this time the DATES: This rule is effective from The Army Corps of Engineers and
bridge owner will adjust the new pinion September 21, 2016 through October 21, U.S. Department of Agriculture Wildlife
bearings that are essential to the 2016. Services will conduct a federally
continued safe operation of the ADDRESSES: To view documents
permitted removal operation of the
drawbridge. Navigation on the waterway mentioned in this preamble as being Double-Crested Cormorant starting
consists primarily of commercial tows available in the docket, go to http:// September 21, 2016. This operation will
and recreational watercraft and will not www.regulations.gov, type USCG–2016– involve the use of firearms and live
be significantly impacted. This 0818 in the ‘‘SEARCH’’ box and click ammunition. The Captain of the Port
temporary deviation has been ‘‘SEARCH.’’ Click on Open Docket Sector Columbia River (COTP) has
coordinated with waterway users. No Folder on the line associated with this determined that potential hazards
objections were received. associated with the removal operation
rule.
The bridge will not be able to open for will be a safety concern for anyone
FOR FURTHER INFORMATION CONTACT: If
emergencies and there is no immediate within a 500-yard radius of the small
you have questions on this rule, call or boat ‘‘Nessy,’’ while in the area
alternate route for vessels to pass this email Mr. Kenneth Lawrenson,
section of the Red River. The Coast encompassing these points: 46°15′45″
Waterways Management Division, N., 123°59′39″ W.; 46°15′24″ N.,
Guard will also inform the users of the Marine Safety Unit Portland, U.S. Coast
waterway through our Local and 123°59′42″ W.; 46°13′32″ N., 123°57′18″
Guard; telephone 503–240–9319, email W.; 46°15′9″ N., 123°55′24″ W.; and
Broadcast Notices to Mariners of the msupdxwwm@uscg.mil.
change in operating schedule for the 46°15′54″ N., 123°58′6″ W., and any
SUPPLEMENTARY INFORMATION: associated support vessel(s). The safety
bridge so the vessel operators can
arrange their transits to minimize any I. Table of Abbreviations zone is needed to protect personnel and
impact caused by the temporary vessels in the navigable waters within
deviation. CFR Code of Federal Regulations the safety zone during the removal
In accordance with 33 CFR 117.35(e), DHS Department of Homeland Security operations.
the drawbridge must return to its regular FR Federal Register
NPRM Notice of proposed rulemaking IV. Discussion of Comments, Changes,
operating schedule immediately at the and the Rule
§ Section
end of the effective period of this U.S.C. United States Code
temporary deviation. This deviation As noted above, we received no
from the operating regulations is comments on our NPRM published
II. Background Information and August 23, 2016. There are two changes
authorized under 33 CFR 117.35. Regulatory History in the regulatory text of this rule from
Dated: September 16, 2016. The U.S. Army Corps of Engineers the proposed rule in the NPRM. The
Eric A. Washburn, and U.S. Department of Agriculture change in paragraph (a) of the regulation
Bridge Administrator, Western Rivers. Wildlife Services notified the Coast is non-substantive and clarifies the
[FR Doc. 2016–22822 Filed 9–21–16; 8:45 am] Guard that they intend to conduct language that describes the area that is
BILLING CODE 9110–04–P federally permitted removal operations designated a safety zone. The change in
of the Double-Crested Cormorant paragraph (c) of the regulation updates
starting September 21, 2016. In the language regarding assistance from
DEPARTMENT OF HOMELAND response, on August 23, 2016, the Coast state law enforcement to align with the
SECURITY Guard published a notice of proposed statute cited.
rulemaking (NPRM) titled Safety Zone; This rule establishes a safety zone
Coast Guard Columbia River, Sand Island, WA 81 FR from September 21, 2016, through
57507. There we stated why we issued October 21, 2016. The safety zone will
33 CFR Part 165 the NPRM, and invited comments on cover all navigable waters of the
[Docket Number USCG–2016–0818] our proposed regulatory action related Columbia River within 500 yards of the
to this safety zone. During the comment small boat ‘‘Nessy,’’ and all involved
RIN 1625–AA00 period that ended September 12, 2016 associated support vessels being used by
we received no comments. personnel during the removal operation,
Safety Zone; Columbia River, Sand conducted in the area encompassed by
We are issuing this rule, and under 5
Island, WA these points: 46°15′45″ N., 123°59′39″
U.S.C. 553(d)(3), the Coast Guard finds
AGENCY: Coast Guard, DHS. that good cause exists for making it W.; 46°15′24″ N., 123°59′42″ W.;
ACTION: Temporary final rule. effective less than 30 days after 46°13′32″ N., 123°57′18″ W.; 46°15′9″
publication in the Federal Register. N., 123°55′24″ W.; and 46°15′54″ N.,
SUMMARY: The Coast Guard is Delaying the effective date of this rule 123°58′6″ W. The 500 yard radius area
establishing a temporary safety zone for would be impracticable because such of the safety zone is intended to protect
the navigable waters of the Columbia delay would eliminate the safety zone’s persons and vessels from the dangerous
River within a 500-yard radius of the effectiveness and usefulness in combined effects of live gunfire,
small boat ‘‘Nessy,’’ while in the area of preventing dangers to the boating public unpredictable animal behavior, and a
Sand Island, near Chinook, WA, and all associated with the removal operations highly dynamic marine environment
ehiers on DSK5VPTVN1PROD with RULES
involved associated vessels in support being conducted using firearms and live characterized by strong tides, river
of the Double-Crested Cormorant ammunition. currents and wind. This safety zone will
removal operations conducted by the be enforced only when the small boat
U.S. Army Corps of Engineers and U.S. III. Legal Authority and Need for Rule ‘‘Nessy,’’ and all involved associated
Department of Agriculture Wildlife The Coast Guard is issuing this rule support vessels, are conducting the
Services. This regulation prohibits under authority in 33 U.S.C. 1231. Coast removal operations, which will be three
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Document Created: 2016-09-22 01:03:58
Document Modified: 2016-09-22 01:03:58
| 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 September 22, 2016 until 6 p.m., September 30, 2016. For the purposes of enforcement, actual notice will be used from 6 a.m. to 6 p.m., each day, from September 26, 2016 until September 30, 2016. | |
| Contact | If you have questions on this temporary deviation, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314-269-2378, email [email protected] | |
| FR Citation | 81 FR 65283 |
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