82 FR 19189 - Drawbridge Operation Regulation; Barnegat Bay, Seaside Heights, NJ
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 79 (April 26, 2017)
Coast Guard
Federal Register Volume 82, Issue 79 (April 26, 2017)
| Page Range | 19189-19190 | |
| FR Document | 2017-08395 |
[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)] [Rules and Regulations] [Pages 19189-19190] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08395] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0251 Drawbridge Operation Regulation; Barnegat Bay, Seaside Heights, NJ AGENCY: Coast Guard, DHS. ACTION: Notice of deviation from drawbridge regulation; modification. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has modified a temporary deviation from the operating schedule that governs the S37 Bridge across the Barnegat Bay, mile 14.1, New Jersey Intracoastal Waterway, at Seaside Heights, NJ. This modified deviation is necessary to perform bridge maintenance and repairs. This deviation allows the bridge to remain in the closed-to- navigation position. DATES: This modified deviation is effective without actual notice from April 26, 2017 through 8 p.m. on April 28, 2017. For the purposes of enforcement, actual notice will be used from 8:00 p.m. on April 21, 2017, until April 26, 2017. ADDRESSES: The docket for this deviation, [USCG-2017-0251] 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 30, 2017, the Coast Guard published a temporary deviation entitled ``Drawbridge Operation Regulation: Barnegat Bay, Seaside Heights, NJ'' in the Federal Register (82 FR 15630). Under that temporary deviation, the bridge will remain in the closed-to-navigation position from 8 p.m. on March 31, 2017, through 8 p.m. on April 21, 2017. The New Jersey Department of Transportation, that owns and operates the S37 Bridge, has requested a modified temporary deviation from the current operating regulations to continue performing a maintenance and repair project on the bridge that commenced at 8 a.m. on December 1, 2016, and was scheduled to cease at 8 p.m. on April 21, 2017. The bridge is a bascule draw bridge and has a vertical clearance in the closed position of 30 feet above mean high water. [[Page 19190]] The current operating schedule as set out in 33 CFR 117.733(c) allows the bridge to remain in the closed-to- navigation position from 8 a.m. on December 1, 2016, until 8 p.m. on March 31, 2017. Under this modified temporary deviation, the bridge will continue to remain in the closed-to-navigation position from 8 p.m. on March 31, 2017, to 8 p.m. on April 28, 2017. The Barnegat Bay on the New Jersey Intracoastal Waterway is used by a variety of vessels including small government and public vessels, small commercial vessels, and recreational 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 safely pass through the bridge in the closed position may do so at any time. The bridge will not be able 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 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 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 20, 2017. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2017-08395 Filed 4-25-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Rules and Regulations 19189
The Rule Therefore, this airspace action is not DEPARTMENT OF HOMELAND
This rule amends Title 14 Code of expected to result in any significant SECURITY
Federal Regulations (14 CFR) part 73 by environmental impacts. In accordance
with FAA Order 1050.1F, paragraph 5– Coast Guard
updating the using agency name for
restricted areas R–4102A and R–4102B, 2 regarding Extraordinary
Circumstances, this action has been 33 CFR Part 117
Fort Devens, MA, by removing the
words ‘‘Chief, Reserve Component reviewed for factors and circumstances [Docket No. USCG–2017–0251
Division, Devens Reserve Forces in which a normally categorically
Training Area, Ayer, MA,’’ and adding excluded action may have a significant Drawbridge Operation Regulation;
the words ‘‘Commander, U.S. Army environmental impact requiring further Barnegat Bay, Seaside Heights, NJ
Garrison, Fort Devens, MA.’’ The name analysis, and it is determined that no AGENCY: Coast Guard, DHS.
change reflects the current organization extraordinary circumstances exist that ACTION:Notice of deviation from
assigned using agency responsibilities warrant preparation of an drawbridge regulation; modification.
for the restricted areas. This is an environmental assessment.
administrative change that does not SUMMARY: The Coast Guard has modified
affect the boundaries, designated List of Subjects in 14 CFR Part 73 a temporary deviation from the
altitudes, or activities conducted within Airspace, Prohibited areas, Restricted operating schedule that governs the S37
the restricted areas; therefore, notice Bridge across the Barnegat Bay, mile
areas.
and public procedure under 5 U.S.C. 14.1, New Jersey Intracoastal Waterway,
553(b) are unnecessary. Adoption of the Amendment at Seaside Heights, NJ. This modified
Regulatory Notices and Analyses deviation is necessary to perform bridge
In consideration of the foregoing, the maintenance and repairs. This deviation
The FAA has determined that this Federal Aviation Administration allows the bridge to remain in the
action only involves an established amends 14 CFR part 73, as follows: closed-to-navigation position.
body of technical regulations for which DATES: This modified deviation is
frequent and routine amendments are PART 73—SPECIAL USE AIRSPACE
effective without actual notice from
necessary to keep them operationally April 26, 2017 through 8 p.m. on April
current. It, therefore: (1) Is not a ■ 1. The authority citation for part 73
28, 2017. For the purposes of
‘‘significant regulatory action’’ under continues to read as follows: enforcement, actual notice will be used
Executive Order 12866; (2) is not a Authority: 49 U.S.C. 106(f), 106(g); 40103, from 8:00 p.m. on April 21, 2017, until
‘‘significant rule’’ under DOT 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, April 26, 2017.
Regulatory Policies and Procedures (44 1959–1963 Comp., p. 389. ADDRESSES: The docket for this
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a § 73.41 [Amended]
deviation, [USCG–2017–0251] is
regulatory evaluation as the anticipated available at http://www.regulations.gov.
impact is so minimal. Since this is a ■ 2. Section 73.41 is amended as Type the docket number in the
routine matter that only affects air traffic follows: ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
procedures and air navigation, it is Click on Open Docket Folder on the line
* * * * *
certified that this rule, when associated with this deviation.
promulgated, does not have a significant R–4102A Fort Devens, MA [Amended] FOR FURTHER INFORMATION CONTACT: If
economic impact on a substantial you have questions on this temporary
By removing the words ‘‘Using deviation, call or email Mr. Hal R. Pitts,
number of small entities under the agency. Chief, Reserve Component
criteria of the Regulatory Flexibility Act. Bridge Administration Branch Fifth
Division, Devens Reserve Forces District, Coast Guard, telephone 757–
Environmental Review Training Area, Ayer, MA,’’ and adding 398–6222, email Hal.R.Pitts@uscg.mil.
The FAA has determined that this in their place the words ‘‘Using agency. SUPPLEMENTARY INFORMATION: On March
action of updating the using agency Commander, U.S. Army Garrison, Fort 30, 2017, the Coast Guard published a
information for restricted areas R– Devens, MA.’’ temporary deviation entitled
4102A and R–4102B, Fort Devens, MA R–4102B Fort Devens, MA [Amended] ‘‘Drawbridge Operation Regulation:
qualifies for categorical exclusion under Barnegat Bay, Seaside Heights, NJ’’ in
the National Environmental Policy Act By removing the words ‘‘Using the Federal Register (82 FR 15630).
in accordance with FAA Order 1050.1F, agency. Chief, Reserve Component Under that temporary deviation, the
Environmental Impacts: Policies and Division, Devens Reserve Forces bridge will remain in the closed-to-
Procedures, paragraph 5–6.5.d, Training Area, Ayer, MA,’’ and adding navigation position from 8 p.m. on
‘‘Modification of the technical in their place the words ‘‘Using agency. March 31, 2017, through 8 p.m. on April
description of special use airspace Commander, U.S. Army Garrison, Fort 21, 2017. The New Jersey Department of
(SUA) that does not alter the Devens, MA.’’ Transportation, that owns and operates
dimensions, altitudes, or times of the S37 Bridge, has requested a
designation of the airspace (such as Issued in Washington, DC, on April 19, modified temporary deviation from the
2017.
changes in designation of the current operating regulations to
controlling or using agency, or Rodger A. Dean, Jr., continue performing a maintenance and
mstockstill on DSK30JT082PROD with RULES
correction of typographical errors).’’ Manager, Airspace Policy Group. repair project on the bridge that
This airspace action is an administrative [FR Doc. 2017–08365 Filed 4–25–17; 8:45 am] commenced at 8 a.m. on December 1,
change to the description of restricted BILLING CODE 4910–13–P 2016, and was scheduled to cease at 8
areas R–4102A and R–4102B to update p.m. on April 21, 2017. The bridge is a
the using agency name. It does not alter bascule draw bridge and has a vertical
the dimensions, altitudes, time of clearance in the closed position of 30
designation, or use of the airspace. feet above mean high water.
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![19190 Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Rules and Regulations
The current operating schedule as set suspension on the effective dates listed suspension of such communities will be
out in 33 CFR 117.733(c) allows the within this rule because of published in the Federal Register.
bridge to remain in the closed-to- noncompliance with the floodplain In addition, FEMA publishes a Flood
navigation position from 8 a.m. on management requirements of the Insurance Rate Map (FIRM) that
December 1, 2016, until 8 p.m. on program. If the Federal Emergency identifies the Special Flood Hazard
March 31, 2017. Under this modified Management Agency (FEMA) receives Areas (SFHAs) in these communities.
temporary deviation, the bridge will documentation that the community has The date of the FIRM, if one has been
continue to remain in the closed-to- adopted the required floodplain published, is indicated in the fourth
navigation position from 8 p.m. on management measures prior to the column of the table. No direct Federal
March 31, 2017, to 8 p.m. on April 28, effective suspension date given in this financial assistance (except assistance
2017. rule, the suspension will not occur and pursuant to the Robert T. Stafford
The Barnegat Bay on the New Jersey a notice of this will be provided by Disaster Relief and Emergency
Intracoastal Waterway is used by a publication in the Federal Register on a Assistance Act not in connection with a
variety of vessels including small subsequent date. Also, information flood) may be provided for construction
government and public vessels, small identifying the current participation or acquisition of buildings in identified
commercial vessels, and recreational status of a community can be obtained SFHAs for communities not
vessels. The Coast Guard has carefully from FEMA’s Community Status Book participating in the NFIP and identified
considered the nature and volume of (CSB). The CSB is available at https:// for more than a year on FEMA’s initial
vessel traffic on the waterway in www.fema.gov/national-flood- FIRM for the community as having
publishing this temporary deviation. insurance-program-community-status- flood-prone areas (section 202(a) of the
Vessels able to safely pass through the book. Flood Disaster Protection Act of 1973,
bridge in the closed position may do so DATES: The effective date of each
42 U.S.C. 4106(a), as amended). This
at any time. The bridge will not be able community’s scheduled suspension is prohibition against certain types of
to open for emergencies and there is no the third date (‘‘Susp.’’) listed in the Federal assistance becomes effective for
immediate alternate route for vessels to third column of the following tables. the communities listed on the date
pass. The Coast Guard will also inform shown in the last column. The
FOR FURTHER INFORMATION CONTACT: If
the users of the waterways through our Administrator finds that notice and
you want to determine whether a
Local and Broadcast Notices to Mariners public comment procedures under 5
particular community was suspended
of the change in operating schedule for U.S.C. 553(b), are impracticable and
on the suspension date or for further
the bridge so that vessel operators can unnecessary because communities listed
information, contact Patricia Suber,
arrange their transit to minimize any in this final rule have been adequately
Federal Insurance and Mitigation
impact caused by the temporary notified.
Administration, Federal Emergency Each community receives 6-month,
deviation. Management Agency, 400 C Street SW.,
In accordance with 33 CFR 117.35(e), 90-day, and 30-day notification letters
Washington, DC 20472, (202) 646–4149. addressed to the Chief Executive Officer
the drawbridge must return to its regular
SUPPLEMENTARY INFORMATION: The NFIP stating that the community will be
operating schedule immediately at the
enables property owners to purchase suspended unless the required
end of the effective period of this
Federal flood insurance that is not floodplain management measures are
temporary deviation. This deviation
otherwise generally available from met prior to the effective suspension
from the operating regulations is
private insurers. In return, communities date. Since these notifications were
authorized under 33 CFR 117.35.
agree to adopt and administer local made, this final rule may take effect
Dated: April 20, 2017. floodplain management measures aimed within less than 30 days.
Hal R. Pitts, at protecting lives and new construction National Environmental Policy Act.
Bridge Program Manager, Fifth Coast Guard from future flooding. Section 1315 of FEMA has determined that the
District. the National Flood Insurance Act of community suspension(s) included in
[FR Doc. 2017–08395 Filed 4–25–17; 8:45 am] 1968, as amended, 42 U.S.C. 4022, this rule is a non-discretionary action
BILLING CODE 9110–04–P prohibits the sale of NFIP flood and therefore the National
insurance unless an appropriate public Environmental Policy Act of 1969 (42
body adopts adequate floodplain U.S.C. 4321 et seq.) does not apply.
DEPARTMENT OF HOMELAND management measures with effective Regulatory Flexibility Act. The
SECURITY enforcement measures. The Administrator has determined that this
communities listed in this document no rule is exempt from the requirements of
Federal Emergency Management longer meet that statutory requirement the Regulatory Flexibility Act because
Agency for compliance with program the National Flood Insurance Act of
regulations, 44 CFR part 59. 1968, as amended, Section 1315, 42
44 CFR Part 64 Accordingly, the communities will be U.S.C. 4022, prohibits flood insurance
[Docket ID FEMA–2017–0002; Internal suspended on the effective date in the coverage unless an appropriate public
Agency Docket No. FEMA–8475] third column. As of that date, flood body adopts adequate floodplain
insurance will no longer be available in management measures with effective
Suspension of Community Eligibility the community. We recognize that some enforcement measures. The
AGENCY: Federal Emergency of these communities may adopt and communities listed no longer comply
Management Agency, DHS. submit the required documentation of with the statutory requirements, and
mstockstill on DSK30JT082PROD with RULES
ACTION: Final rule. legally enforceable floodplain after the effective date, flood insurance
management measures after this rule is will no longer be available in the
SUMMARY: This rule identifies published but prior to the actual communities unless remedial action
communities where the sale of flood suspension date. These communities takes place.
insurance has been authorized under will not be suspended and will continue Regulatory Classification. This final
the National Flood Insurance Program to be eligible for the sale of NFIP flood rule is not a significant regulatory action
(NFIP) that are scheduled for insurance. A notice withdrawing the under the criteria of section 3(f) of
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Document Created: 2017-04-26 03:15:45
Document Modified: 2017-04-26 03:15:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of deviation from drawbridge regulation; modification. | |
| Dates | This modified deviation is effective without actual notice from April 26, 2017 through 8 p.m. on April 28, 2017. For the purposes of enforcement, actual notice will be used from 8:00 p.m. on April 21, 2017, until April 26, 2017. | |
| 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] | |
| FR Citation | 82 FR 19189 |
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