81 FR 95040 - Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 248 (December 27, 2016)
Coast Guard
Federal Register Volume 81, Issue 248 (December 27, 2016)
| Page Range | 95040-95041 | |
| FR Document | 2016-31058 |
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)] [Rules and Regulations] [Pages 95040-95041] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31058] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0280] Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations; request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Chambers Creek Burlington Northern Santa Fe Railroad vertical lift railroad bridge across Chambers Creek, mile 0.01, near Steilacoom in Pierce County, WA. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is appropriate. This test deviation will change the requirement for a bridge operator, and modify the existing regulation to add an advance notification requirement for obtaining bridge openings during designated evening hours. DATES: This deviation is effective from Midnight (12:01) on December 28, 2016 to Midnight (11:59) on June 23, 2017. Comments and related material must reach the Coast Guard on or before June 15, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0280 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]. SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis The Chambers Creek Burlington Northern Santa Fe Railroad vertical lift railroad bridge across Chambers Creek, mile 0.01, near Steilacoom in Pierce County, WA, has a vertical clearance of 10ft in the closed- to-navigation position, and 50ft of vertical clearance in the open-to- navigation position (reference plane is MHW elevation of 12.2 feet). The bridge currently operates under 33 CFR 117.5. The bridge owner, Burlington Northern Santa Fe Railroad, has observed minimal to no usage of the drawbridge between 10 p.m. and 6 a.m., and has requested to test this schedule to see if it better balances the needs of marine and rail traffic. The USCG conducted a test deviation from July 1, 2016 to December 27, 2016. However, only one bridge opening request was received during that time, and a quantitative ruling could not be made from the lack of data. The following facts support BNSF's proposal: (1) over the last 6 years only 2% of the subject bridge lifts have occurred between the hours of 10 p.m. and 6 a.m., which equates to approximately 5 openings a year, (2) from February 2009 to June 2015 there were 1932 total openings of which only 40 occurred between the hours of 10 p.m. and 6 a.m., and (3) the navigation traffic consists primarily of the tenants of Chambers Bay marina (recreational users) that are members of the Chambers Bay Boating Association. The Coast Guard is publishing this temporary deviation to test the proposed schedule change to determine whether a permanent change to the schedule is appropriate to better balance the needs of marine and rail traffic. Under this temporary deviation, in effect from Midnight (12:01) on December 28, 2016 to Midnight (11:59) on June 23, 2017, the subject bridge shall open on signal, except from 10 p.m. to 6 a.m. the draw shall open on signal if at least 4 hours notice is given. The bridge will be required to open as soon a possible, no later than 1 hour after notification, for vessels engaged in emergency response. The Coast Guard will inform the users of the waterways of this temporary deviation through our Local and Broadcast Notices to Mariners and through direct outreach with the Chambers Creek Boating Association so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. Vessels able to pass underneath the bridge in the closed-to-navigation position may do so at any time. 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. II. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person [[Page 95041]] in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket, and sign up for email alerts, you will be notified when comments are posted or a final rule is published. Dated: December 19, 2016. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2016-31058 Filed 12-23-16; 8:45 am] BILLING CODE 9110-04-P
![95040 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
a statement that identifies the reasons ACTION: Notice of temporary deviation from the lack of data. The following
for the affirmance, including any FOIA from regulations; request for comments. facts support BNSF’s proposal: (1) over
exemptions applied. The decision must the last 6 years only 2% of the subject
include notification that the requester SUMMARY: The Coast Guard has issued a bridge lifts have occurred between the
may obtain judicial review of the temporary deviation from the operating hours of 10 p.m. and 6 a.m., which
decision under 5 U.S.C. 552(a)(4)(B)– schedule that governs the Chambers equates to approximately 5 openings a
(G). The decision shall also inform the Creek Burlington Northern Santa Fe year, (2) from February 2009 to June
requester of the dispute resolution Railroad vertical lift railroad bridge 2015 there were 1932 total openings of
services offered by OGIS as a non- across Chambers Creek, mile 0.01, near which only 40 occurred between the
exclusive alternative to litigation. If the Steilacoom in Pierce County, WA. This hours of 10 p.m. and 6 a.m., and (3) the
Chairman’s decision is remanded or deviation will test a change to the navigation traffic consists primarily of
modified on appeal to the court, the drawbridge operation schedule to the tenants of Chambers Bay marina
requester will be notified by the agency determine whether a permanent change (recreational users) that are members of
of that determination in writing. The to the schedule is appropriate. This test the Chambers Bay Boating Association.
Commission shall then further process deviation will change the requirement The Coast Guard is publishing this
the request in accordance with the for a bridge operator, and modify the temporary deviation to test the proposed
appeal determination and shall respond existing regulation to add an advance schedule change to determine whether a
directly to the requester. notification requirement for obtaining permanent change to the schedule is
(d) Engaging in dispute services bridge openings during designated appropriate to better balance the needs
provided by OGIS. Dispute resolution is evening hours. of marine and rail traffic. Under this
a voluntary process. If the Commission DATES: This deviation is effective from temporary deviation, in effect from
agrees to participate in the dispute Midnight (12:01) on December 28, 2016 Midnight (12:01) on December 28, 2016
resolution services provided by OGIS, it to Midnight (11:59) on June 23, 2017. to Midnight (11:59) on June 23, 2017,
will actively engage as a partner in the Comments and related material must the subject bridge shall open on signal,
process in an attempt to resolve the reach the Coast Guard on or before June except from 10 p.m. to 6 a.m. the draw
dispute. 15, 2017. shall open on signal if at least 4 hours
(e) When appeal is required. Before ADDRESSES: You may submit comments notice is given. The bridge will be
seeking review by a court of the identified by docket number USCG– required to open as soon a possible, no
Commission’s adverse determination, a 2016–0280 using Federal eRulemaking later than 1 hour after notification, for
requester generally must first submit a Portal at http://www.regulations.gov. vessels engaged in emergency response.
timely administrative appeal. See the ‘‘Public Participation and The Coast Guard will inform the users
Request for Comments’’ portion of the of the waterways of this temporary
§ 2201.11 [Amended]
SUPPLEMENTARY INFORMATION section deviation through our Local and
■ 11. Amend redesignated § 2201.11 by below for instructions on submitting Broadcast Notices to Mariners and
removing the words ‘‘through OSHRC’s comments. through direct outreach with the
Web site’’ and adding, in their place, the Chambers Creek Boating Association so
words ‘‘on OSHRC’s Web site’’ in FOR FURTHER INFORMATION CONTACT: If that vessel operators can arrange their
paragraph (b). you have questions on this temporary transits to minimize any impact caused
■ 12. Add § 2201.12 to read as follows: deviation, call or email Mr. Steven by the temporary deviation. Vessels able
Fischer, Bridge Administrator, to pass underneath the bridge in the
§ 2201.12 Preservation of records. Thirteenth Coast Guard District; closed-to-navigation position may do so
OSHRC shall preserve all telephone 206–220–7282, email at any time. In accordance with 33 CFR
correspondence pertaining to FOIA Steven.M.Fischer3@uscg.mil. 117.35(e), the drawbridge must return to
requests, as well as copies of all SUPPLEMENTARY INFORMATION: its regular operating schedule
requested records, until disposition or immediately at the end of the effective
destruction is authorized pursuant to I. Background, Purpose and Legal Basis
period of this temporary deviation. This
title 44 of the United States Code or the The Chambers Creek Burlington deviation from the operating regulations
applicable General Records Schedule of Northern Santa Fe Railroad vertical lift is authorized under 33 CFR 117.35.
the National Archives and Records railroad bridge across Chambers Creek,
Administration. OSHRC shall not mile 0.01, near Steilacoom in Pierce II. Public Participation and Request for
dispose of or destroy records while they County, WA, has a vertical clearance of Comments
are the subject of a pending request, 10ft in the closed-to-navigation position, We view public participation as
appeal or lawsuit under the FOIA. and 50ft of vertical clearance in the essential to effective rulemaking, and
[FR Doc. 2016–31133 Filed 12–23–16; 8:45 am] open-to-navigation position (reference will consider all comments and material
BILLING CODE 7600–01–P
plane is MHW elevation of 12.2 feet). received during the comment period.
The bridge currently operates under 33 Your comment can help shape the
CFR 117.5. outcome of this rulemaking. If you
DEPARTMENT OF HOMELAND The bridge owner, Burlington submit a comment, please include the
SECURITY Northern Santa Fe Railroad, has docket number for this rulemaking,
observed minimal to no usage of the indicate the specific section of this
Coast Guard drawbridge between 10 p.m. and 6 a.m., document to which each comment
asabaliauskas on DSK3SPTVN1PROD with RULES
and has requested to test this schedule applies, and provide a reason for each
33 CFR Part 117 to see if it better balances the needs of suggestion or recommendation.
marine and rail traffic. The USCG We encourage you to submit
[Docket No. USCG–2016–0280] conducted a test deviation from July 1, comments through the Federal
2016 to December 27, 2016. However, eRulemaking Portal at http://
Drawbridge Operation Regulation;
only one bridge opening request was www.regulations.gov. If your material
Chambers Creek, Steilacoom, WA
received during that time, and a cannot be submitted using http://
AGENCY: Coast Guard, DHS. quantitative ruling could not be made www.regulations.gov, contact the person
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![Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 95041
in the FOR FURTHER INFORMATION Web site. Although listed in the index, the nonattainment area as expeditiously
CONTACT section of this document for some information may not be publicly as practicable, but no later than the
alternate instructions. We accept available, i.e., Confidential Business attainment date required by the CAA.
anonymous comments. All comments Information or other information whose Originally, EPA designated all 1997
received will be posted without change disclosure is restricted by statute. PM2.5 NAAQS areas under title I, part D,
to http://www.regulations.gov and will Certain other material, such as subpart 1 (hereinafter ‘‘Subpart 1’’).
include any personal information you copyrighted material, is not placed on Subpart 1, comprised of CAA sections
have provided. For more about privacy the Internet and will be publicly 171–179B, sets forth the basic
and the docket, you may review a available only in hard copy form. nonattainment requirements applicable
Privacy Act notice regarding the Federal Publicly available docket materials are to all nonattainment areas. Section
Docket Management System in the available either electronically through 172(c) contains the general SIP
March 24, 2005, issue of the Federal www.regulations.gov or in hard copy at requirements for these areas, including
Register (70 FR 15086). the Air Regulatory Management Section, RACM requirements under section
Documents mentioned in this notice, Air Planning and Implementation 172(c)(1). On April 25, 2007 (72 FR
and all public comments, are in our Branch, Air, Pesticides and Toxics 20586), EPA promulgated a rule,
online docket at http:// Management Division, U.S. codified at 40 CFR part 51, subpart Z,
www.regulations.gov and can be viewed Environmental Protection Agency, to implement the 1997 PM2.5 NAAQS
by following that Web site’s Region 4, 61 Forsyth Street SW., under Subpart 1 (hereinafter referred to
instructions. Additionally, if you go to Atlanta, Georgia 30303–8960. EPA as the ‘‘1997 PM2.5 Implementation
the online docket, and sign up for email requests that if at all possible, you Rule’’).1 On December 3, 2008,
alerts, you will be notified when contact the person listed in the FOR Kentucky submitted an attainment
comments are posted or a final rule is FURTHER INFORMATION CONTACT section to demonstration SIP revision for the Area
published. schedule your inspection. The Regional that addressed RACM and certain other
Office’s official hours of business are section 172(c) elements including a
Dated: December 19, 2016.
Monday through Friday 8:30 a.m. to reasonable further progress (RFP) plan,
Steven M. Fischer, base-year and attainment-year emissions
Bridge Administrator, Thirteenth Coast Guard
4:30 p.m., excluding federal holidays.
inventories, and contingency measures
District. FOR FURTHER INFORMATION CONTACT:
for the Area. This SIP revision included
[FR Doc. 2016–31058 Filed 12–23–16; 8:45 am] Madolyn Sanchez, Air Regulatory
a section 172(c)(1) RACM determination
Management Section, Air Planning and
BILLING CODE 9110–04–P that there were no potential emissions
Implementation Branch, Air, Pesticides
control measures that, if considered
and Toxics Management Division,
collectively, would advance the
Region 4, U.S. Environmental Protection
ENVIRONMENTAL PROTECTION attainment date by one year or more.
Agency, 61 Forsyth Street SW., Atlanta, In 2011, EPA determined that the bi-
AGENCY
Georgia 30303–8960. Ms. Sanchez can state Louisville Area had attained the
40 CFR Part 52 be reached via telephone at (404) 562– 1997 Annual PM2.5 NAAQS based upon
9644 and via electronic mail at complete, quality-assured, and certified
[EPA–R04–OAR–2016–0526; FRL–9957–39– sanchez.madolyn@epa.gov.
Region 4] ambient air monitoring data for the
SUPPLEMENTARY INFORMATION: 2007–2009 period. See 76 FR 55544
Air Plan Approval; KY; RACM I. Background (September 7, 2011); 40 CFR 52.929(b).
Determination for the KY Portion of the As a result of this determination and in
Louisville Area 1997 Annual PM2.5 In 1997, EPA promulgated the first air accordance with 40 CFR 51.1004(c), the
quality standards for PM2.5. EPA requirements for the Area to submit
AGENCY: Environmental Protection promulgated an annual standard at a attainment demonstrations and
Agency (EPA). level of 15 micrograms per cubic meter associated RACM, RFP plans,
ACTION: Final rule. (mg/m3) (based on a 3-year average of contingency measures, and other
annual mean PM2.5 concentrations) and planning SIP revisions related to
SUMMARY: The Environmental Protection a 24-hour standard of 65 mg/m3 (based attainment of the 1997 Annual PM2.5
Agency (EPA) is approving a State on a 3-year average of the 98th NAAQS are suspended for so long as:
Implementation Plan (SIP) revision percentile of 24-hour concentrations). The area is redesignated to attainment,
submitted by the Commonwealth of See 62 FR 38652 (July 18, 1997). On
Kentucky, through the Kentucky January 5, 2005 (70 FR 944), and 1 On January 4, 2013, in Natural Resources
Division for Air Quality (KDAQ) on supplemented on April 14, 2005 (70 FR Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.
August 9, 2016, that addresses 19844), EPA designated the bi-state 2013), the United State Court of Appeals for the
reasonably available control measures Louisville Area as nonattainment for the District of Columbia Circuit (D.C. Circuit) found
(RACM) for the Kentucky portion of the that EPA erred in implementing the 1997 PM2.5
1997 Annual PM2.5 NAAQS. In that NAAQS pursuant solely to the general
Louisville, KY-IN, nonattainment area action, EPA defined the bi-state implementation provisions of Subpart 1 rather than
for the 1997 Annual fine particulate Louisville Area to include Bullitt and the particulate matter-specific provisions in title I,
matter (PM2.5) National Ambient Air Jefferson Counties in Kentucky as well part D, subpart 4. The court remanded both the
Quality Standards (NAAQS) (hereinafter 1997 PM2.5 Implementation Rule and the final rule
as Clark and Floyd Counties and a entitled ‘‘Implementation of the New Source
referred to as the ‘‘bi-state Louisville portion of Jefferson County (Madison Review (NSR) Program for Particulate Matter Less
asabaliauskas on DSK3SPTVN1PROD with RULES
Area’’ or ‘‘Area’’). Township) in Indiana. Designation of an than 2.5 Micrometers (PM2.5)’’ (73 FR 28321, May
DATES: This rule will be effective 16, 2008) to EPA to address this error. In 2014, EPA
area as nonattainment for PM2.5 starts finalized a rule classifying areas previously
January 26, 2017. the process for a state to develop and designated nonattainment for the 1997 and/or 2006
ADDRESSES: EPA has established a submit to EPA a SIP revision under title fine particle pollution standards under Subpart 1,
docket for this action under Docket I, part D of the Clean Air Act (CAA or including the bi-state Louisville Area, as
‘‘Moderate’’ nonattainment areas under subpart 4
Identification No. EPA–R04–OAR– Act). This SIP revision must include, and setting deadlines for SIP submissions
2016–0526. All documents in the docket among other elements, a demonstration addressing the requirements of subpart 4. See 79 FR
are listed on the www.regulations.gov of how the NAAQS will be attained in 31566 (June 2, 2014) [hereinafter 2014 Rule].
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Document Created: 2018-02-14 09:13:15
Document Modified: 2018-02-14 09:13:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of temporary deviation from regulations; request for comments. | |
| Dates | This deviation is effective from Midnight (12:01) on December 28, 2016 to Midnight (11:59) on June 23, 2017. | |
| Contact | If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected] | |
| FR Citation | 81 FR 95040 |
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