81_FR_74889 81 FR 74681 - Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

81 FR 74681 - Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 208 (October 27, 2016)

Page Range74681-74682
FR Document2016-26015

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Run Because You Can 5K event. This deviation allows the bridge to remain in the closed- to-navigation position during the deviation period.

Federal Register, Volume 81 Issue 208 (Thursday, October 27, 2016)
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74681-74682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26015]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0964]


Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

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 Tower Drawbridge across the 
Sacramento River, mile 59.0, at Sacramento, CA. The deviation is 
necessary to allow the community to participate in the Run Because You 
Can 5K event. This deviation allows the bridge to remain in the closed-
to-navigation position during the deviation period.

DATES: This deviation is effective from 8 a.m. to 10:30 a.m. on 
November 6, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0964], 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 David H. Sulouff, Chief, Bridge 
Section, Eleventh Coast Guard District; telephone 510-437-3516, email 
[email protected].

SUPPLEMENTARY INFORMATION: California Department of Transportation has 
requested a temporary change to the operation of the Tower Drawbridge, 
mile 59.0, over Sacramento River, at Sacramento, CA. The vertical lift 
bridge navigation span provides a vertical clearance of 30 feet above 
Mean High Water in the closed-to-navigation position. The draw operates 
as required by 33 CFR 117.189(a). Navigation on the waterway is 
commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position 
from 8 a.m. to 10:30 a.m. on November 6, 2016, to allow the community 
to participate in the Run Because You Can 5K event. This temporary 
deviation has been coordinated with the waterway users. No objections 
to the proposed temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may 
do so at anytime. The bridge will not be able

[[Page 74682]]

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 
waterway through our Local and Broadcast Notices to Mariners of the 
change in operating schedule for the bridge so that vessel operators 
can arrange their transits to minimize any impact caused by the 
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

    Dated: October 24, 2016.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2016-26015 Filed 10-26-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations                                       74681

                                                  (20) Proceed northeasterly                            Avery County line at Calloway Peak,                   DEPARTMENT OF HOMELAND
                                                approximately 13.4 miles along the                      North Carolina; then                                  SECURITY
                                                Johnson/Sullivan County line, crossing                     (28) Proceed southeasterly
                                                onto the Laurel Bloomery map, to the                                                                          Coast Guard
                                                                                                        approximately 1.8 miles along the
                                                intersection of the Johnson/Sullivan                    Caldwell/Avery County line to the
                                                County line with the Washington                                                                               33 CFR Part 117
                                                                                                        boundary of the Blue Ridge Parkway at
                                                County line at the Virginia/Tennessee                                                                         [Docket No. USCG–2016–0964]
                                                                                                        Pilot Knob, North Carolina; then
                                                State line; then
                                                  (21) Proceed easterly approximately                      (29) Proceed southwesterly                         Drawbridge Operation Regulation;
                                                10 miles along the Johnson/Washington                   approximately 11.6 miles along the Blue               Sacramento River, Sacramento, CA
                                                County line, crossing onto the Grayson                  Ridge Parkway boundary, crossing over
                                                map, to the intersection of the Johnson/                the Newland map (southeastern corner)                 AGENCY: Coast Guard, DHS.
                                                Washington County line with the                         and onto the Linville Falls map, to the               ACTION:Notice of deviation from
                                                Grayson County line; then                               intersection of the parkway boundary                  drawbridge regulation.
                                                  (22) Proceed east, then northeasterly,                with the Avery/Burke County line; then                SUMMARY:   The Coast Guard has issued a
                                                then southeasterly, along the Grayson                      (30) Proceed northwesterly, then                   temporary deviation from the operating
                                                County line, crossing over the Park,                    southwesterly, for a total of                         schedule that governs the Tower
                                                Whitetop Mountain, Trout Dale, Middle                   approximately 4.2 miles along the                     Drawbridge across the Sacramento
                                                Fox Creek, Cedar Springs, Speedwell,                    Avery/Burke County line to the                        River, mile 59.0, at Sacramento, CA. The
                                                Cripple Creek, Austinville, Galax, and                  McDowell County line; then                            deviation is necessary to allow the
                                                Cumberland Knob maps and onto the                                                                             community to participate in the Run
                                                Lambsburg map, to the intersection of                      (31) Proceed southerly approximately
                                                                                                        5 miles along the Avery/McDowell                      Because You Can 5K event. This
                                                the Grayson County line with the Surry                                                                        deviation allows the bridge to remain in
                                                County line and an unnamed road                         County line to the Mitchell County line;
                                                                                                                                                              the closed-to-navigation position during
                                                known locally as Fisher’s Peak Road, at                 then
                                                                                                                                                              the deviation period.
                                                the Virginia/North Carolina State line;                    (32) Proceed southerly, then                       DATES: This deviation is effective from
                                                then                                                    southwesterly, along the McDowell/                    8 a.m. to 10:30 a.m. on November 6,
                                                  (23) Proceed west along the Grayson/                  Mitchell County line, crossing over the               2016.
                                                Surry County line, crossing back onto                   Ashford (northwestern corner) and
                                                the Cumberland Knob map, to                                                                                   ADDRESSES: The docket for this
                                                                                                        Little Switzerland (northeastern corner)
                                                Alleghany County line; then                                                                                   deviation, [USCG–2016–0964], is
                                                                                                        maps and onto the Spruce Pine map,
                                                  (24) Proceed southerly, then                                                                                available at http://www.regulations.gov.
                                                                                                        then back onto the Little Switzerland
                                                northwesterly, then southwesterly along                                                                       Type the docket number in the
                                                                                                        map and continuing along the
                                                the Alleghany County line, crossing                                                                           ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                                                                        McDowell/Mitchell County line,                        Click on Open Docket Folder on the line
                                                over the Roaring Gap, Glade Valley,                     crossing onto the Celo map, to the
                                                Traphill (northeastern corner),                                                                               associated with this deviation.
                                                                                                        intersection of the McDowell/Mitchell
                                                Whitehead, McGrady (northwestern                                                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                        County line with the Yancey County
                                                corner), Horse Gap, and Laurel Springs                                                                        you have questions on this temporary
                                                                                                        line; then                                            deviation, call or email David H.
                                                map, then back onto the Horse Gap map
                                                and continuing along the Alleghany                         (33) Proceed west then northerly                   Sulouff, Chief, Bridge Section, Eleventh
                                                County line on the Horse Gap map to                     along the Mitchell/Yancey County line,                Coast Guard District; telephone 510–
                                                the Ashe/Wilkes County line at                          crossing over the Micaville, Bakersville,             437–3516, email David.H.Sulouff@
                                                Mulberry Gap, North Carolina; then                      Huntdale (southeastern corner), and                   uscg.mil.
                                                  (25) Proceed westerly, then                           Burnsville maps, then back onto the                   SUPPLEMENTARY INFORMATION: California
                                                southwesterly along the Ashe/Wilkes                     Huntdale map and continuing along the                 Department of Transportation has
                                                County line, crossing over the Glendale                 Mitchell/Yancy County line, crossing                  requested a temporary change to the
                                                Springs and onto the Maple Springs                      onto the Chestoa map, to the                          operation of the Tower Drawbridge,
                                                map, then back onto the Glendale                        intersection of the Mitchell/Yancey                   mile 59.0, over Sacramento River, at
                                                Springs map, then back onto the Maple                   County line with the Mitchell/Unicoi                  Sacramento, CA. The vertical lift bridge
                                                Springs map, and continuing along the                   County line, which is concurrent with                 navigation span provides a vertical
                                                Ashe/Wilkes County line on the Maple                    the Tennessee/North Carolina State line;              clearance of 30 feet above Mean High
                                                Springs map to the intersection of the                  then                                                  Water in the closed-to-navigation
                                                Ashe/Wilkes County line and the                            (34) Proceed northeasterly along the               position. The draw operates as required
                                                Watauga County line at Thomkins Knob,                                                                         by 33 CFR 117.189(a). Navigation on the
                                                                                                        Mitchell/Unicoi County line, crossing
                                                North Carolina; then                                                                                          waterway is commercial and
                                                                                                        back over the Huntsdale (northwestern
                                                  (26) Proceed southwesterly along the                                                                        recreational.
                                                                                                        corner) map and onto the Unicoi map,
                                                Watauga/Wilkes County line, crossing                                                                             The drawspan will be secured in the
                                                                                                        returning to the beginning point.
                                                over the Deep Gap map (southeastern                                                                           closed-to-navigation position from 8
                                                corner) and onto the Buffalo Cove map,                    Signed: September 14, 2016.                         a.m. to 10:30 a.m. on November 6, 2016,
                                                to the intersection of the Watauga/                     John J. Manfreda,                                     to allow the community to participate in
                                                Wilkes County line and the Caldwell                     Administrator.                                        the Run Because You Can 5K event.
jstallworth on DSK7TPTVN1PROD with RULES




                                                County line at White Rock Mountain,                                                                           This temporary deviation has been
                                                                                                          Approved: October 17, 2016.
                                                North Carolina; then                                                                                          coordinated with the waterway users.
                                                  (27) Proceed west along the Watauga/                  Timothy E. Skud,
                                                                                                                                                              No objections to the proposed
                                                Caldwell County line, crossing over the                 Deputy Assistant Secretary (Tax, Trade, and           temporary deviation were raised.
                                                Globe map and onto the Grandfather                      Tariff Policy).                                          Vessels able to pass through the
                                                Mountain map, to the intersection of the                [FR Doc. 2016–25970 Filed 10–26–16; 8:45 am]          bridge in the closed position may do so
                                                Watauga/Caldwell County line with the                   BILLING CODE 4810–31–P                                at anytime. The bridge will not be able


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                                                74682            Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations

                                                to open for emergencies and there is no                 SUPPLEMENTARY INFORMATION:                            NPRM did not intend to conflate
                                                immediate alternate route for vessels to                                                                      person-centeredness and consumer
                                                                                                        I. Discussion of Final Rule
                                                pass. The Coast Guard will also inform                                                                        control or other key terms in the IL
                                                the users of the waterway through our                      The federal Independent Living (IL)                purpose. The proposed regulatory
                                                Local and Broadcast Notices to Mariners                 program seeks to empower and enable                   language did not include person-
                                                of the change in operating schedule for                 individuals with disabilities,                        centeredness; the language was
                                                the bridge so that vessel operators can                 particularly individuals with significant             included in the preamble to the NPRM
                                                arrange their transits to minimize any                  disabilities, to exercise full choice and             to both highlight this requirement in the
                                                impact caused by the temporary                          control over their lives and to live                  home and community-based services
                                                deviation.                                              independently in their communities.                   and supports (HCBS) settings context,
                                                   In accordance with 33 CFR 117.35(e),                 For over 40 years, these aims have been               and offer an opportunity to IL programs
                                                the drawbridge must return to its regular               advanced through two federal programs:                and stakeholders to help shape person-
                                                operating schedule immediately at the                   Independent Living Services (ILS) and                 centered planning and self-direction
                                                end of the effective period of this                     Centers for Independent Living (referred              principles in HHS-funded programs and
                                                temporary deviation. This deviation                     to as CILs or Centers). The Workforce                 practices that serve people with
                                                from the operating regulations is                       Innovation and Opportunity Act                        significant disabilities, as they
                                                authorized under 33 CFR 117.35.                         (WIOA) transferred these Independent                  increasingly are embedded in the work
                                                                                                        Living programs to the Administration                 we do at ACL and across HHS. This
                                                  Dated: October 24, 2016.
                                                                                                        for Community Living (ACL) and                        language applies in the HCBS settings
                                                D.H. Sulouff,                                           created a new Independent Living
                                                District Bridge Chief, Eleventh Coast Guard
                                                                                                                                                              context and does not limit consumer
                                                                                                        Administration within the agency,                     control or anything centers do with Title
                                                District.                                               adding section 701A of the
                                                [FR Doc. 2016–26015 Filed 10–26–16; 8:45 am]
                                                                                                                                                              VII funding.
                                                                                                        Rehabilitation Act, 29 U.S.C. 796–1. As                 One commenter suggested that
                                                BILLING CODE 9110–04–P                                  part of the transfer, the Administrator of            Centers should not be penalized for
                                                                                                        ACL (Administrator) drafted a Notice of               hiring individuals who do not have
                                                                                                        Proposed Rule Making (NPRM) that was                  significant disabilities when candidates
                                                DEPARTMENT OF HEALTH AND                                published on November 16, 2015,to                     who have significant disabilities do not
                                                HUMAN SERVICES                                          implement changes made by WIOA in                     apply, or if those who do apply are not
                                                                                                        accordance with Section 12 of the                     qualified, and the CIL therefore fails to
                                                Administration for Community Living                     Rehabilitation Act, as amended, 29                    meet the requirement that the majority
                                                                                                        U.S.C. 709(e), and section 491(f) of                  of staff are individuals with disabilities.
                                                45 CFR Part 1329                                        WIOA, 42 U.S.C. 3515e(f).                             The majority hiring requirement is
                                                RIN 0985–AA10                                              ACL received over 100 comments to                  beyond the scope of this rule; however,
                                                                                                        the NPRM, most of them expressing                     the ongoing requirement that a Center
                                                Independent Living Services and                         their support for the provisions in the               ensure that the majority of the staff, and
                                                Centers for Independent Living                          proposed rule. ACL has read and                       individuals in decision-making
                                                                                                        considered each of the comments                       positions are individuals with
                                                AGENCY:  Independent Living                             received. We respond here to the most-
                                                Administration, Administration for                                                                            disabilities is consistent with the
                                                                                                        commonly-received comments and to                     consumer directed, self-help, and self-
                                                Community Living, HHS.                                  those that we believe require further
                                                ACTION: Final rule.                                                                                           advocacy principles in the IL
                                                                                                        discussion. We have indicated changes                 Philosophy.
                                                SUMMARY:   This rule implements the                     made between the NPRM and final rule.
                                                                                                           Several comments raised issues that                Definitions (§ 1329.4)
                                                Rehabilitation Act as amended by the
                                                                                                        are specific to the commenter.                        New IL Core Services Definitions
                                                Workforce Innovation and Opportunity
                                                                                                        Responding to such comments is
                                                Act, which established an Independent                                                                            WIOA added a new fifth requirement
                                                                                                        beyond the scope of the final regulation.
                                                Living Administration within the                                                                              to the Independent Living Core
                                                                                                        Nevertheless, we encourage commenters
                                                Administration for Community Living                                                                           Services, which includes services that—
                                                                                                        with individualized questions to contact
                                                (ACL) of the Department of Health and                                                                            • Facilitate the transition of
                                                                                                        the technical and training support
                                                Human Services (HHS). The rule helps                                                                          individuals with significant disabilities
                                                                                                        center or the ILA specialist for their
                                                implement changes to the                                                                                      from nursing homes and other
                                                                                                        State for assistance with their questions.
                                                administration of Independent Living                                                                          institutions to home and community-
                                                                                                        We also made a number of technical
                                                Services and the Centers for                                                                                  based residences, with the requisite
                                                                                                        changes in the preamble, for example, to
                                                Independent Living made under the                                                                             supports and services;
                                                                                                        reflect that the term ‘‘704 Reporting
                                                current law in alignment with ACL and                                                                            • Provide assistance to individuals
                                                                                                        Instruments’’ will no longer be used for
                                                HHS policies and practices.                                                                                   with significant disabilities who are at
                                                                                                        data collection going forward, and to
                                                DATES: These final regulations are                                                                            risk of entering institutions so that the
                                                                                                        clarify potentially confusing references
                                                effective November 28, 2016.                            to the ‘‘State.’’                                     individuals may remain in the
                                                FOR FURTHER INFORMATION CONTACT:                                                                              community; and
                                                Molly Burgdorf, Administration for                      Subpart A—General Provisions                             • Facilitate the transition of youth
                                                Community Living, telephone (202)                         ACL received numerous comments                      who are individuals with significant
                                                795–7317 (Voice). This is not a toll-free               expressing concern about the person-                  disabilities, who were eligible for
jstallworth on DSK7TPTVN1PROD with RULES




                                                number. This document will be made                      centered planning language in the                     individualized education programs
                                                available in alternative formats upon                   NPRM preamble, including the                          under section 614(d) of the Individuals
                                                request. Written correspondence can be                  statement that person centered planning               with Disabilities Education Act (20
                                                sent to the Administration for                          and consumer control ‘‘are not                        U.S.C. 1414(d)), and who have
                                                Community Living, U.S. Department of                    interchangeable terms.’’                              completed their secondary education or
                                                Health and Human Services, 330 C St.                      ACL affirms that consumer control is                otherwise left school, to postsecondary
                                                SW., Washington, DC 20201.                              a guiding principle in IL. To clarify, the            life.


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Document Created: 2016-10-27 01:52:29
Document Modified: 2016-10-27 01:52:29
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 deviation from drawbridge regulation.
DatesThis deviation is effective from 8 a.m. to 10:30 a.m. on November 6, 2016.
ContactIf you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516, email [email protected]
FR Citation81 FR 74681 

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