81_FR_65733 81 FR 65548 - Drawbridge Operation Regulation; North Landing River, Chesapeake, VA

81 FR 65548 - Drawbridge Operation Regulation; North Landing River, Chesapeake, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 185 (September 23, 2016)

Page Range65548-65549
FR Document2016-22916

The Coast Guard has modified a temporary deviation from the operating schedule that governs the S165 (North Landing Road) Bridge across the North Landing River, mile 20.2, at Chesapeake, VA. This modified deviation is necessary to perform emergency bridge repairs and provide for safe navigation. This modified deviation allows the bridge to remain in the closed-to-navigation position.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016)
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65548-65549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22916]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0181]


Drawbridge Operation Regulation; North Landing River, Chesapeake, 
VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from drawbridge regulation; 
modification.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has modified a temporary deviation from the 
operating schedule that governs the S165 (North Landing Road) Bridge 
across the North Landing River, mile 20.2, at Chesapeake, VA. This 
modified deviation is necessary to perform emergency bridge repairs and 
provide for safe navigation. This modified deviation allows the bridge 
to remain in the closed-to-navigation position.

DATES: This deviation is effective from 6 p.m. on September 30, 2016, 
through 4 p.m. on October 14, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0181] 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. Hal R. Pitts, Bridge 
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6222, email [email protected].

SUPPLEMENTARY INFORMATION: On March 11, 2016, the Coast Guard published 
a temporary deviation entitled ``Drawbridge Operation Regulation; North 
Landing River, Chesapeake, VA'' in the Federal Register (81 FR 12824); 
on April 8, 2016, the Coast Guard published a modified temporary 
deviation entitled ``Drawbridge Operation Regulation; North Landing 
River, Chesapeake, VA'' in the Federal Register (81 FR 20529); and on 
June 29, 2016, the Coast Guard published a modified temporary deviation 
entitled ``Drawbridge Operation Regulation; North Landing River, 
Chesapeake, VA'' in the Federal Register (81 FR 42248). These documents 
were necessary to authorize a temporary deviation from the operating 
regulations to perform repairs to the south swing span of the bridge 
due to damage sustained as a result of a vessel allision with the 
bridge that occurred on March 1, 2016. The United States Army Corps of 
Engineers, Norfolk District Office, who owns and operates the S165 
(North Landing Road) Bridge, has requested a modified temporary 
deviation from the current operating regulations to perform repairs to 
the south swing span of the bridge, following receipt of replacement 
parts scheduled to arrive in the first week of October 2016. The 
modified temporary deviation request is necessary to receive the 
replacement parts in the first week of October 2016 and allow for 
sufficient time to complete repairs to the bridge.
    The current operating scheduled is set out in 33 CFR 117.1021. 
Under this modified temporary deviation, the north span of the bridge 
will open-to-navigation on the hour and half hour, upon request, from 6 
a.m. to 7 p.m., and on demand from 7 p.m. to 6 a.m. The north and south 
spans of the bridge will open to navigation concurrently, with the 
south span only opening partially due to damage, upon request, for: (1) 
Scheduled openings at 9:30 a.m. for vessels transiting southeast, (2) 
10:30 a.m. for vessels transiting northwest, and (3) at noon and 2 p.m. 
for two-way vessel traffic through the bridge, Monday through Friday, 
from Friday, September 30, 2016, through Monday, October 10, 2016. The 
north and south spans of the bridge will open to navigation 
concurrently, with the south span only opening partially due to damage, 
upon request, for: (1) Scheduled openings at 9:30 a.m. for vessels 
transiting southeast and (2) 10:30 a.m. for vessels transiting 
northwest, Saturday and Sunday, from Saturday, October 1, 2016, through 
Sunday, October 9, 2016. The north and south spans of the bridge will 
open to navigation concurrently, with the south span only opening 
partially due to damage, for additional on demand openings from October 
4, 2016, through October 10, 2016, if 48 hours notice is given. The 
south span of the bridge will be closed-to-navigation during bridge 
repair from 9 a.m., October 11, 2016, through 4 p.m., October 14, 2016. 
The horizontal clearance of the bridge with the south span closed-to-
navigation is 38 feet and the horizontal clearance of the bridge with 
the south span partially open-to-navigation is 70 feet. The modified 
temporary deviation is necessary to relieve vessel congestion and 
provide for safe navigation on the waterway. The bridge is a double 
swing draw bridge and has a vertical clearance in the closed position 
of 6 feet above mean high water.
    The North Landing River is used by a variety of vessels including 
small U. S. government and public vessels, small commercial vessels, 
tug and barge, and recreational vessels. The Coast Guard has carefully 
considered the nature and volume of vessel traffic on the waterway in 
publishing this temporary deviation.
    During the closure times there will be limited opportunity for 
vessels which are able to safely pass through the bridge in the closed 
position to do so. Vessels able to safely pass through the bridge in 
the closed position may do so, after receiving confirmation from the 
bridge tender that it is safe to transit

[[Page 65549]]

through the bridge. The north span of the bridge will be able to open 
for emergencies. 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 modified 
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 19, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2016-22916 Filed 9-22-16; 8:45 am]
 BILLING CODE 9110-04-P



                                             65548            Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations

                                             § 117.313    New River.                                 ACTION:Notice of temporary deviation                  of October 2016 and allow for sufficient
                                             *      *     *     *     *                              from drawbridge regulation;                           time to complete repairs to the bridge.
                                                (c) The following requirements apply                 modification.                                            The current operating scheduled is set
                                             to the Florida East Coast Railway                                                                             out in 33 CFR 117.1021. Under this
                                             Railroad Bridge across the New River,                   SUMMARY:    The Coast Guard has modified              modified temporary deviation, the north
                                             mile 2.5, at Fort Lauderdale, FL:                       a temporary deviation from the                        span of the bridge will open-to-
                                                (1) The bridge shall be constantly                   operating schedule that governs the                   navigation on the hour and half hour,
                                             tended.                                                 S165 (North Landing Road) Bridge                      upon request, from 6 a.m. to 7 p.m., and
                                                (2) The bridge tender will utilize a                 across the North Landing River, mile                  on demand from 7 p.m. to 6 a.m. The
                                             VHF–FM radio to communicate on                          20.2, at Chesapeake, VA. This modified                north and south spans of the bridge will
                                             channels 9 and 16 and may be contacted                  deviation is necessary to perform                     open to navigation concurrently, with
                                             by telephone at 305–889–5572.                           emergency bridge repairs and provide                  the south span only opening partially
                                                (3) Signs will be posted displaying                  for safe navigation. This modified                    due to damage, upon request, for: (1)
                                             VHF radio contact information and                       deviation allows the bridge to remain in              Scheduled openings at 9:30 a.m. for
                                             telephone numbers for the bridge tender                 the closed-to-navigation position.                    vessels transiting southeast, (2) 10:30
                                             and dispatch. A countdown clock giving                  DATES: This deviation is effective from
                                                                                                                                                           a.m. for vessels transiting northwest,
                                             notice of time remaining before bridge                  6 p.m. on September 30, 2016, through                 and (3) at noon and 2 p.m. for two-way
                                             closure shall remain at the bridge site                                                                       vessel traffic through the bridge,
                                                                                                     4 p.m. on October 14, 2016.
                                             and must be visible for maritime traffic.                                                                     Monday through Friday, from Friday,
                                                                                                     ADDRESSES: The docket for this                        September 30, 2016, through Monday,
                                                (4) A bridge log will be maintained                  deviation, [USCG–2016–0181] is
                                             including, at a minimum, bridge                                                                               October 10, 2016. The north and south
                                                                                                     available at http://www.regulations.gov.              spans of the bridge will open to
                                             opening and closing times.                              Type the docket number in the
                                                (5) When the draw is in the fully open                                                                     navigation concurrently, with the south
                                                                                                     ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                  span only opening partially due to
                                             position, green lights will be displayed                Click on Open Docket Folder on the line
                                             to indicate that vessels may pass.                                                                            damage, upon request, for: (1)
                                                                                                     associated with this deviation.                       Scheduled openings at 9:30 a.m. for
                                                (6) When a train approaches, the
                                             lights go to flashing red then the draw                 FOR FURTHER INFORMATION CONTACT: If                   vessels transiting southeast and (2)
                                             lowers and locks.                                       you have questions on this temporary                  10:30 a.m. for vessels transiting
                                                                                                     deviation, call or email Mr. Hal R. Pitts,            northwest, Saturday and Sunday, from
                                                (7) After the train has cleared the
                                                                                                     Bridge Administration Branch Fifth                    Saturday, October 1, 2016, through
                                             bridge, the draw opens and the lights
                                                                                                     District, Coast Guard, telephone 757–                 Sunday, October 9, 2016. The north and
                                             return to green.
                                                                                                     398–6222, email Hal.R.Pitts@uscg.mil.                 south spans of the bridge will open to
                                                (8) The bridge shall not be closed
                                                                                                                                                           navigation concurrently, with the south
                                             more than 60 minutes combined for any                   SUPPLEMENTARY INFORMATION: On March
                                                                                                                                                           span only opening partially due to
                                             120 minute time period beginning at                     11, 2016, the Coast Guard published a                 damage, for additional on demand
                                             12:01 a.m. each day.                                    temporary deviation entitled                          openings from October 4, 2016, through
                                                (9) The bridge shall remain open to                  ‘‘Drawbridge Operation Regulation;                    October 10, 2016, if 48 hours notice is
                                             maritime traffic when trains are not                    North Landing River, Chesapeake, VA’’                 given. The south span of the bridge will
                                             crossing.                                               in the Federal Register (81 FR 12824);                be closed-to-navigation during bridge
                                                (d) [Reserved]                                       on April 8, 2016, the Coast Guard                     repair from 9 a.m., October 11, 2016,
                                                (e) The draw of the Marshal (Seventh                 published a modified temporary                        through 4 p.m., October 14, 2016. The
                                             Avenue) bridge, mile 2.7 at Fort                        deviation entitled ‘‘Drawbridge                       horizontal clearance of the bridge with
                                             Lauderdale shall open on signal; except                 Operation Regulation; North Landing                   the south span closed-to-navigation is
                                             that, from 7:30 a.m. to 9 a.m. and 4:30                 River, Chesapeake, VA’’ in the Federal                38 feet and the horizontal clearance of
                                             p.m. to 6 p.m., Monday through Friday,                  Register (81 FR 20529); and on June 29,               the bridge with the south span partially
                                             except Federal holidays, the draw need                  2016, the Coast Guard published a                     open-to-navigation is 70 feet. The
                                             not open. Public vessels of the United                  modified temporary deviation entitled                 modified temporary deviation is
                                             States, tugs with tows, and vessels in                  ‘‘Drawbridge Operation Regulation;                    necessary to relieve vessel congestion
                                             distress shall be passed at any time.                   North Landing River, Chesapeake, VA’’                 and provide for safe navigation on the
                                               Dated: August 22, 2016.                               in the Federal Register (81 FR 42248).                waterway. The bridge is a double swing
                                             S.A. Buschman,                                          These documents were necessary to                     draw bridge and has a vertical clearance
                                             Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                     authorize a temporary deviation from                  in the closed position of 6 feet above
                                             Seventh Coast Guard District.                           the operating regulations to perform                  mean high water.
                                             [FR Doc. 2016–22915 Filed 9–22–16; 8:45 am]
                                                                                                     repairs to the south swing span of the                   The North Landing River is used by
                                                                                                     bridge due to damage sustained as a                   a variety of vessels including small U.
                                             BILLING CODE 9110–04–P
                                                                                                     result of a vessel allision with the bridge           S. government and public vessels, small
                                                                                                     that occurred on March 1, 2016. The                   commercial vessels, tug and barge, and
                                             DEPARTMENT OF HOMELAND                                  United States Army Corps of Engineers,                recreational vessels. The Coast Guard
                                             SECURITY                                                Norfolk District Office, who owns and                 has carefully considered the nature and
                                                                                                     operates the S165 (North Landing Road)                volume of vessel traffic on the waterway
                                             Coast Guard                                             Bridge, has requested a modified                      in publishing this temporary deviation.
                                                                                                     temporary deviation from the current                     During the closure times there will be
                                                                                                     operating regulations to perform repairs              limited opportunity for vessels which
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                                             33 CFR Part 117
                                                                                                     to the south swing span of the bridge,                are able to safely pass through the
                                             [Docket No. USCG–2016–0181]                             following receipt of replacement parts                bridge in the closed position to do so.
                                             Drawbridge Operation Regulation;                        scheduled to arrive in the first week of              Vessels able to safely pass through the
                                             North Landing River, Chesapeake, VA                     October 2016. The modified temporary                  bridge in the closed position may do so,
                                                                                                     deviation request is necessary to receive             after receiving confirmation from the
                                             AGENCY:     Coast Guard, DHS.                           the replacement parts in the first week               bridge tender that it is safe to transit


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                                                              Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations                                       65549

                                             through the bridge. The north span of                   email LT Lindsay Cook, Marine Safety                  in the event and all vessels operating in
                                             the bridge will be able to open for                     Unit Chicago, U.S. Coast Guard;                       the vicinity of the scheduled event.
                                             emergencies. The Coast Guard will also                  telephone (630) 986–2155, email
                                                                                                                                                           IV. Discussion of Comments, Changes,
                                             inform the users of the waterways                       Lindsay.N.Cook@uscg.mil.
                                                                                                                                                           and the Rule
                                             through our Local and Broadcast                         SUPPLEMENTARY INFORMATION:
                                             Notices to Mariners of the change in                                                                             As noted above, we received two
                                             operating schedule for the bridge so that               I. Table of Abbreviations                             comments on our NPRM published July
                                             vessel operators can arrange their transit                                                                    1, 2016. One comment stated concerns
                                                                                                     CFR Code of Federal Regulations
                                             to minimize any impact caused by the                                                                          with the notification to the public being
                                                                                                     DHS Department of Homeland Security
                                             modified temporary deviation.                           FR Federal Register                                   sufficient for the proposed rule. The
                                                In accordance with 33 CFR 117.35(e),                 NPRM Notice of proposed rulemaking                    Coast Guard has provided notice
                                             the drawbridge must return to its regular               § Section                                             required by the Administrative
                                             operating schedule immediately at the                   U.S.C. United States Code                             Procedures Act (5 U.S.C. 553) and will
                                             end of the effective period of this                                                                           also provide notification by issuing a
                                                                                                     II. Background Information and                        Broadcast Notice to Mariners via VHF–
                                             temporary deviation. This deviation                     Regulatory History
                                             from the operating regulations is                                                                             FM marine channel 16. To further
                                             authorized under 33 CFR 117.35.                            On December 27, 2015, the Coast                    address the concern of sufficient
                                                                                                     Guard received an Application for                     notification, the Coast Guard will
                                               Dated: September 19, 2016.                                                                                  include a notification in the Local
                                                                                                     Marine Event for the Tough Cup event
                                             Hal R. Pitts,                                                                                                 Notice to Mariners publication. The
                                                                                                     that will be held from 6:30 a.m. to 1
                                             Bridge Program Manager, Fifth Coast Guard               p.m. on September 24, 2016, on the                    second comment received was
                                             District.                                                                                                     supportive of the event and related
                                                                                                     South Branch of the Chicago River and
                                             [FR Doc. 2016–22916 Filed 9–22–16; 8:45 am]
                                                                                                     the Chicago Sanitary and Ship Canal                   waterway restriction. There is one
                                             BILLING CODE 9110–04–P                                  between the Illinois Northern Bridge                  change in the regulatory text of this rule
                                                                                                     and the Loomis Street Highway Bridge.                 from the proposed rule in the NPRM to
                                                                                                     In response, on July 1, 2016, the Coast               include the additional notification in
                                             DEPARTMENT OF HOMELAND                                                                                        the Local Notice to Mariners
                                                                                                     Guard published a notice of proposed
                                             SECURITY                                                                                                      publication. This rule establishes a
                                                                                                     rulemaking (NPRM) titled ‘‘Safety Zone;
                                                                                                     South Branch of the Chicago River and                 safety zone from 6:30 a.m. to 1 p.m. on
                                             Coast Guard                                                                                                   September 24, 2016. The safety zone
                                                                                                     Chicago Sanitary and Ship Canal,
                                                                                                     Chicago, IL’’ (81 FR 43178). There we                 will cover all navigable waters on the
                                             33 CFR Part 165                                                                                               South Branch of the Chicago River and
                                                                                                     stated why we issued the NPRM, and
                                             [Docket Number USCG–2016–0451]                          invited comments on our proposed                      the Chicago Sanitary and Ship Canal
                                                                                                     regulatory action related to this event.              between the Illinois Northern Bridge
                                             RIN 1625–AA00                                                                                                 and the Loomis Street Highway Bridge
                                                                                                     During the comment period that ended
                                                                                                     July 31, 2016, we received two                        in Chicago, IL. The duration of the zone
                                             Safety Zone; South Branch of the
                                                                                                     comments.                                             is intended to ensure the safety of
                                             Chicago River and Chicago Sanitary
                                                                                                                                                           vessels and these navigable waters
                                             and Ship Canal, Chicago, IL                                We are issuing this rule, and under 5
                                                                                                                                                           before, during, and after the scheduled
                                                                                                     U.S.C. 553(d)(3), the Coast Guard finds
                                             AGENCY:    Coast Guard, DHS.                                                                                  Tough Cup event. No vessel or person
                                                                                                     that good cause exists for making it
                                             ACTION:   Temporary Final Rule.                                                                               will be permitted to enter the safety
                                                                                                     effective less than 30 days after
                                                                                                                                                           zone without obtaining permission from
                                                                                                     publication in the Federal Register. To
                                             SUMMARY:   The Coast Guard is                                                                                 the COTP or a designated
                                                                                                     provide an opportunity for comment, as
                                             establishing a temporary safety zone on                                                                       representative.
                                                                                                     opposed to not issuing an NPRM, we
                                             the South Branch of the Chicago River
                                                                                                     issued the NPRM knowing it would be                   V. Regulatory Analyses
                                             and the Chicago Sanitary and Ship
                                                                                                     impracticable not to make a final rule                  We developed this rule after
                                             Canal. This action is necessary to
                                                                                                     effective less than 30 days after it is               considering numerous statutes and
                                             protect spectators, participants, and
                                                                                                     published. Delaying the effective date of             Executive orders related to rulemaking.
                                             vessels from the hazards associated with
                                                                                                     this rule to wait for a comment period                Below we summarize our analyses
                                             the Tough Cup event on these navigable
                                                                                                     to run would be impracticable because                 based on a number of these statutes and
                                             waters in Chicago, IL, on September 24,
                                                                                                     it would inhibit the ability to protect the           Executive orders, and we discuss First
                                             2016. This regulation prohibits persons
                                                                                                     public and vessels from the hazards                   Amendment rights of protestors.
                                             and vessels from being in the safety
                                                                                                     associated with a race involving
                                             zone unless authorized by the Captain                                                                         A. Regulatory Planning and Review
                                                                                                     personal watercraft to take place on
                                             of the Port Lake Michigan or a
                                                                                                     September 24, 2016.                                      Executive Orders 12866 and 13563
                                             designated representative.
                                                                                                     III. Legal Authority and Need for Rule                direct agencies to assess the costs and
                                             DATES: This rule is effective from 6:30
                                                                                                                                                           benefits of available regulatory
                                             a.m. to 1 p.m. on September 24, 2016.                      The Coast Guard is issuing this rule               alternatives and, if regulation is
                                             ADDRESSES: To view documents                            under authority in 33 U.S.C. 1231. The                necessary, to select regulatory
                                             mentioned in this preamble as being                     Captain of the Port Lake Michigan                     approaches that maximize net benefits.
                                             available in the docket, go to http://                  (COTP) has determined that the                        Executive Order 13563 emphasizes the
                                             www.regulations.gov, type USCG–2016–                    potential hazards associated with                     importance of quantifying both costs
rmajette on DSK2TPTVN1PROD with RULES




                                             0451 in the ‘‘SEARCH’’ box and click                    vessels transiting through a narrow and               and benefits, of reducing costs, of
                                             ‘‘SEARCH.’’ Click on Open Docket                        congested section of the river during the             harmonizing rules, and of promoting
                                             Folder on the line associated with this                 Tough Cup event will pose concerns for                flexibility. This rule has not been
                                             rule.                                                   all vessels navigating in the area. The               designated a ‘‘significant regulatory
                                             FOR FURTHER INFORMATION CONTACT: If                     purpose of this rule is to ensure the                 action,’’ under Executive Order 12866.
                                             you have questions on this rule, call or                safety of spectators, vessels participating           Accordingly, it has not been reviewed


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Document Created: 2016-09-23 01:43:07
Document Modified: 2016-09-23 01:43:07
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 temporary deviation from drawbridge regulation; modification.
DatesThis deviation is effective from 6 p.m. on September 30, 2016, through 4 p.m. on October 14, 2016.
ContactIf you have questions on this temporary deviation, call or email Mr. Hal R. Pitts, Bridge Administration Branch Fifth District, Coast Guard, telephone 757-398- 6222, email [email protected]
FR Citation81 FR 65548 

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