82 FR 18223 - Drawbridge Operation Regulation; Curtis Creek, Baltimore, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 73 (April 18, 2017)
Coast Guard
Federal Register Volume 82, Issue 73 (April 18, 2017)
| Page Range | 18223-18224 | |
| FR Document | 2017-07765 |
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)] [Rules and Regulations] [Pages 18223-18224] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07765] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0225] Drawbridge Operation Regulation; Curtis Creek, Baltimore, MD 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 I695 Bridge, at mile 1.0, across Curtis Creek, Baltimore, MD. This modified deviation is necessary to remove, repair and replace the inner and outer loop locking bar and couplings. This deviation allows the bridge to remain in the closed-to- navigation position. DATES: This modified deviation is effective without actual notice from April 18, 2017 through 7 p.m. on May 5, 2017. For the purposes of enforcement, actual notice will be used from 6:00 a.m. on April 10, 2017, until April 18, 2017. ADDRESSES: The docket for this deviation, [USCG-2017-0225] 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. Martin Bridges, Bridge Administration Branch Fifth District, Coast Guard, telephone 757-398- 6422, email [email protected]. SUPPLEMENTARY INFORMATION: On March 27, 2017, the Coast Guard published a temporary deviation entitled ``Drawbridge Operation Regulation: Curtis Creek, Baltimore, MD'' in the [[Page 18224]] Federal Register (82 FR 15137). Under that temporary deviation, the bridge will remain in the closed-to-navigation position from 6 a.m. on April 10, 2017, through 7 p.m. on April 15, 2017. The Maryland Transportation Authority, who owns and operates the I695 Bridge across Curtis Creek, mile 1.0, at Baltimore, MD, has requested a modified temporary deviation from the current operating regulation set out in 33 CFR 117.557, to remove, repair, and replace the inner and outer loop locking bar and couplings. This modified temporary deviation serves to replace the previous temporary deviation in the Federal Register (82 FR 15137), immediately upon its publication into the Federal Register. Under this modified temporary deviation, the bridge will remain in the closed-to-navigation position from 6 a.m. to 7 p.m., from April 10, 2017, through April 17, 2017, and from May 1, 2017, through May 5, 2017. The bridge will open on signal if at least 24 hours notice is given from 7 p.m. to 6 a.m., from April 10, 2017, through April 17, 2017, and from May 1, 2017, through May 5, 2017. At all other times the bridge will operate per 33 CFR 117.557. The drawbridge has two spans, each with double-leaf bascule draws, and both spans have a vertical clearance in the closed-to-navigation position of 58 feet above mean high water. Curtis Creek is used by military vessels, recreational vessels, tug and barge traffic, fishing vessels, and small commercial vessels. The Coast Guard has carefully considered the nature and volume of vessel traffic on the waterway in publishing this temporary deviation. Vessels able to pass through the bridge in the closed position may do so at any time. The bridge spans will not be able to open in case of an emergency 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 Notice 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: April 12, 2017. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2017-07765 Filed 4-17-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations 18223
preemption requirements described in message can be received without wake unless specifically authorized by
E.O. 13132. jeopardizing the safety or security of the COTP or an on-scene representative.
Also, this rule does not have tribal people, places, or vessels. (d) Informational broadcasts. The
implications under E.O. 13175, COTP will inform the public through
Consultation and Coordination with List of Subjects in 33 CFR Part 100 broadcast notices to mariners of the
Indian Tribal Governments, because it Marine safety, Navigation (water), enforcement period for the regulated
will not have a substantial direct effect Reporting and recordkeeping area as well as any changes in the dates
on one or more Indian tribes, on the requirements, Waterways. and times of enforcement.
relationship between the Federal For the reasons discussed in the Dated: March 31, 2017.
Government and Indian tribes, or on the preamble, the Coast Guard amends 33 T.J. Wendt,
distribution of power and CFR part 100 as follows:
responsibilities between the Federal Captain, U.S. Coast Guard, Captain of the
Port, Memphis, Tennessee.
Government and Indian tribes. If you PART 100—SAFETY OF LIFE ON
[FR Doc. 2017–07834 Filed 4–17–17; 8:45 am]
believe this rule has implications for NAVIGABLE WATERS
federalism or Indian tribes, please BILLING CODE 9110–04–P
contact the person listed in the FOR ■ 1. The authority citation for part 100
FURTHER INFORMATION CONTACT section. continues to read as follows:
DEPARTMENT OF HOMELAND
E. Unfunded Mandates Reform Act Authority: 33 U.S.C. 1233. SECURITY
The Unfunded Mandates Reform Act ■ 2. Add § 100.35T08–0189 to read as
of 1995 (2 U.S.C. 1531–1538) requires follows: Coast Guard
Federal agencies to assess the effects of
§ 100.35 T08–0189 Special Local 33 CFR Part 117
their discretionary regulatory actions. In Regulation; Lake Ferguson, Greenville, MS.
particular, the Act addresses actions [Docket No. USCG–2017–0225]
that may result in the expenditure by a (a) Regulated area. (1) A regulated
State, local, or tribal government, in the area is established to encompass all Drawbridge Operation Regulation;
aggregate, or by the private sector of waters of Lake Ferguson, in the vicinity Curtis Creek, Baltimore, MD
$100,000,000 (adjusted for inflation) or of the Greenville Boat Launch, within
an area starting from a point on shore AGENCY: Coast Guard, DHS.
more in any one year. Though this rule ACTION:Notice of temporary deviation
will not result in such expenditure, we at 33°24.83′ N., 091°03.95′ W.,
proceeding approximately 150 yards from drawbridge regulation;
do discuss the effects of this rule modification.
elsewhere in this preamble. WNW into the lake at 33°24.88′ N.,
091°04.02′ W., then proceeding
F. Environment SUMMARY: The Coast Guard has modified
approximately 390 yards SSW to
a temporary deviation from the
We have analyzed this rule under 33°24.71′ N., 091°04.15′ W., then
operating schedule that governs the I695
Department of Homeland Security proceeding 160 yards ESE to a point on
Bridge, at mile 1.0, across Curtis Creek,
Management Directive 023–01 and shore at 33°24.67′ N., 091°04.07′ W.,
Baltimore, MD. This modified deviation
Commandant Instruction M16475.lD, before returning NNE along the
is necessary to remove, repair and
which guide the Coast Guard in shoreline to the point of origin.
replace the inner and outer loop locking
complying with the National (2) A spectator zone will be
bar and couplings. This deviation
Environmental Policy Act of 1969 (42 established in Lake Ferguson, west-
allows the bridge to remain in the
U.S.C. 4321–4370f), and have made a northwest of the regulated area to the
closed-to-navigation position.
preliminary determination that this state line.
(b) Effective period. This section is DATES: This modified deviation is
action is one of a category of actions that effective without actual notice from
do not individually or cumulatively effective and will be enforced from 8
a.m. until 4 p.m. on April 22, 2017. April 18, 2017 through 7 p.m. on May
have a significant effect on the human 5, 2017. For the purposes of
environment. This rule involves the (c) Regulations. (1) In accordance with
the general regulations in § 100.801 of enforcement, actual notice will be used
establishment of a special local from 6:00 a.m. on April 10, 2017, until
regulation lasting eight hours on a this part, all vessels, mariners, and
persons are prohibited from entering the April 18, 2017.
Saturday in April. Normally such
event area, without permission of the ADDRESSES: The docket for this
actions are categorically excluded from
Captain of the Port Memphis (COTP) or deviation, [USCG–2017–0225] is
further review under paragraph 34(h) of
an on-scene representative. All vessel available at http://www.regulations.gov.
Figure 2–1 of the Commandant
operators desiring to operate in the Type the docket number in the
Instruction. An environmental analysis
event area of this special local ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
checklist and Categorical Exclusion
regulation must contact the COTP or an Click on Open Docket Folder on the line
Determination are available in the
on-scene representative to request associated with this deviation.
docket where indicated under
ADDRESSES. We seek any comments or permission to do so. The COTP or may FOR FURTHER INFORMATION CONTACT: If
information that may lead to the be contacted via VHF Channel 16 or by you have questions on this temporary
discovery of a significant environmental telephone at 1–866–777–2784. An on- deviation, call or email Mr. Martin
impact from this rule. scene representative may be a Bridges, Bridge Administration Branch
commissioned, warrant, or petty officer Fifth District, Coast Guard, telephone
G. Protest Activities of the United States Coast Guard or a 757–398–6422, email Martin.A.Bridges@
nlaroche on DSK30NT082PROD with RULES
The Coast Guard respects the First federal, state or local law enforcement uscg.mil.
Amendment rights of protesters. officer. SUPPLEMENTARY INFORMATION: On March
Protesters are asked to contact the (2) During enforcement, all Vessels 27, 2017, the Coast Guard published a
person listed in the FOR FURTHER transiting Lake Ferguson through the temporary deviation entitled
INFORMATION CONTACT section to spectator zone will be limited to slowest ‘‘Drawbridge Operation Regulation:
coordinate protest activities so that your speed for safe navigation to minimize Curtis Creek, Baltimore, MD’’ in the
VerDate Sep<11>2014 13:31 Apr 17, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\18APR1.SGM 18APR1](https://thefederalregister.org/doc/82_FR_18296/page/1.svg)
![18224 Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations
Federal Register (82 FR 15137). Under Dated: April 12, 2017. II. Background Information and
that temporary deviation, the bridge will Hal R. Pitts, Regulatory History
remain in the closed-to-navigation Bridge Program Manager, Fifth Coast Guard The Coast Guard is issuing this
position from 6 a.m. on April 10, 2017, District.
temporary final rule without prior
through 7 p.m. on April 15, 2017. The [FR Doc. 2017–07765 Filed 4–17–17; 8:45 am] notice and opportunity to comment
Maryland Transportation Authority, BILLING CODE 9110–04–P pursuant to authority under section 4(a)
who owns and operates the I695 Bridge of the Administrative Procedure Act
across Curtis Creek, mile 1.0, at (APA) (5 U.S.C. 553(b)). This provision
Baltimore, MD, has requested a DEPARTMENT OF HOMELAND authorizes an agency to issue a rule
modified temporary deviation from the SECURITY without prior notice and opportunity to
current operating regulation set out in Coast Guard comment when the agency for good
33 CFR 117.557, to remove, repair, and cause finds that those procedures are
replace the inner and outer loop locking 33 CFR Part 165 ‘‘impracticable, unnecessary, or contrary
bar and couplings. This modified to the public interest.’’ Under 5 U.S.C.
temporary deviation serves to replace 553(b)(B), the Coast Guard finds that
[Docket Number USCG–2017–0066] good cause exists for not publishing a
the previous temporary deviation in the
Federal Register (82 FR 15137), notice of proposed rulemaking (NPRM)
immediately upon its publication into RIN 1625–AA00 with respect to this rule because doing
the Federal Register. so would be impracticable and contrary
Safety Zone; 2017 Key West Paddle to the public interest. The event is
Under this modified temporary Classic, Key West, FL scheduled to take place on April 29th
deviation, the bridge will remain in the and the safety zone must be in effect on
closed-to-navigation position from 6 AGENCY: Coast Guard, DHS.
that date in order to serve its purpose of
a.m. to 7 p.m., from April 10, 2017, ACTION: Temporary final rule. ensuring the safety of the public from
through April 17, 2017, and from May hazards associated with paddle events.
1, 2017, through May 5, 2017. The SUMMARY: The Coast Guard is For those reasons, it would be
bridge will open on signal if at least 24 establishing a temporary moving safety impracticable and contrary to the public
hours notice is given from 7 p.m. to 6 zone on the waters surrounding Key interest to publish an NPRM.
a.m., from April 10, 2017, through April West, Florida, during the 2017 Key West Under 5 U.S.C. 553(d)(3), the Coast
17, 2017, and from May 1, 2017, through Paddle Classic, a paddle board race Guard finds that good cause exists for
May 5, 2017. At all other times the event. The safety zone is necessary to making this temporary rule effective less
bridge will operate per 33 CFR 117.557. ensure the safety of participant vessels, than 30 days after publication in the
The drawbridge has two spans, each spectators, and the general public Federal Register for the same reasons
during the event. This regulation stated in the preceding paragraph.
with double-leaf bascule draws, and
prohibits persons and non-participant
both spans have a vertical clearance in III. Legal Authority and Need for Rule
vessels from entering, transiting
the closed-to-navigation position of 58 through, anchoring in, or remaining
feet above mean high water. The Coast Guard is issuing this rule
within the safety zone unless authorized under the authority in 33 U.S.C. 1231.
Curtis Creek is used by military by the Captain of the Port (COTP) Key The purpose of the rule is to ensure the
vessels, recreational vessels, tug and West or a designated representative. safety of the event participants, the
barge traffic, fishing vessels, and small DATES: This rule is effective from 7:30 general public, vessels and the
commercial vessels. The Coast Guard a.m. until 3 p.m. on April 29, 2017. navigable waters surrounding Key West,
has carefully considered the nature and Florida, during the 2017 Key West
volume of vessel traffic on the waterway ADDRESSES: To view documents
Paddle Classic event.
mentioned in this preamble as being
in publishing this temporary deviation.
available in the docket, go to http:// IV. Discussion of the Rule
Vessels able to pass through the www.regulations.gov, type USCG–2017–
bridge in the closed position may do so This rule establishes a safety zone on
0066 in the ‘‘SEARCH’’ box and click certain navigable waters surrounding
at any time. The bridge spans will not ‘‘SEARCH.’’ Click on Open Docket Key West, Florida, during the 2017 Key
be able to open in case of an emergency Folder on the line associated with this West Paddle Classic event. The moving
and there is no immediate alternate rule. safety zone encompasses all waters
route for vessels to pass. The Coast FOR FURTHER INFORMATION CONTACT: If within 50 yards in front of the lead
Guard will also inform the users of the you have questions on this rule, call or safety vessel preceding the first event
waterway through our Local Notice and email Lieutenant Scott Ledee, participants, 50 yards behind the safety
Broadcast Notices to Mariners of the Waterways Management Division Chief, vessel trailing the last event
change in operating schedule for the Sector Key West, FL, U.S. Coast Guard; participants, and at all times extend 100
bridge so that vessel operators can telephone (305) 292–8768, email yards on either side of safety vessels.
arrange their transits to minimize any SKWWaterways@uscg.mil. The event course begins at Higgs Beach
impact caused by the temporary SUPPLEMENTARY INFORMATION: in Key West, Florida, moves west to the
deviation. area offshore of Fort Zach State Park,
In accordance with 33 CFR 117.35(e), I. Table of Abbreviations north through Key West Harbor, east
through Fleming Key Cut, south through
nlaroche on DSK30NT082PROD with RULES
the drawbridge must return to its regular COTP Captain of the Port
operating schedule immediately at the Cow Key Channel, and west returning
CFR Code of Federal Regulations
end of the effective period of this DHS Department of Homeland Security
back to Higgs Beach. The event is
temporary deviation. This deviation FR Federal Register scheduled to take place from 7:30 a.m.
from the operating regulations is NPRM Notice of proposed rulemaking to 3 p.m. on April 29, 2017.
§ Section Approximately 200 paddle boarders and
authorized under 33 CFR 117.35.
U.S.C. United States Code six safety vessels are anticipated to
VerDate Sep<11>2014 13:31 Apr 17, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\18APR1.SGM 18APR1](https://thefederalregister.org/doc/82_FR_18296/page/2.svg)
Document Created: 2017-04-17 23:59:53
Document Modified: 2017-04-17 23:59:53
| 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 drawbridge regulation; modification. | |
| Dates | This modified deviation is effective without actual notice from April 18, 2017 through 7 p.m. on May 5, 2017. For the purposes of enforcement, actual notice will be used from 6:00 a.m. on April 10, 2017, until April 18, 2017. | |
| Contact | If you have questions on this temporary deviation, call or email Mr. Martin Bridges, Bridge Administration Branch Fifth District, Coast Guard, telephone 757-398- 6422, email [email protected] | |
| FR Citation | 82 FR 18223 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR