82 FR 28772 - Drawbridge Operation Regulation; Long Creek, Hempstead, NY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 121 (June 26, 2017)
Coast Guard
Federal Register Volume 82, Issue 121 (June 26, 2017)
| Page Range | 28772-28773 | |
| FR Document | 2017-13246 |
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)] [Rules and Regulations] [Pages 28772-28773] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13246] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0523] Drawbridge Operation Regulation; Long Creek, Hempstead, NY 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 Loop Parkway Bridge across Long Creek, mile 0.7, at Hempstead, New York. This action is necessary in order to facilitate an annual fireworks display. The deviation allows the bridge to remain in the closed position for approximately two and one half hours. DATES: This deviation is effective from 9:30 p.m. on July 8, 2017 to 11:59 p.m. on July 9, 2017. ADDRESSES: The docket for this deviation, USCG-2017-0523 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 [[Page 28773]] deviation, call or email James M. Moore, Bridge Management Specialist, First District Bridge Branch, U.S. Coast Guard; telephone 212-514-4334, email [email protected]. SUPPLEMENTARY INFORMATION: The Town of Hempstead Department of Public Safety submitted and the bridge owner, the New York State Department of Transportation, concurred with a temporary deviation request from the normal operating schedule to facilitate a public fireworks event. The Loop Parkway Bridge, mile 0.7, across Long Creek, has a vertical clearance of 21 feet at mean high water and 23 feet at mean low water in the closed position. The existing drawbridge operating regulations are listed at 33 CFR 117.799(f). This temporary deviation will allow the Loop Parkway Bridge to remain closed from 9:30 p.m. through 11:59 p.m. on July 8, 2017 with a rain date of July 9, 2017. The waterway is used primarily by seasonal recreational vessels and occasional tug/barge traffic. Coordination with waterway users has indicated no objections to this short-term closure of the draw. Vessels that can pass under the bridge without an opening may do so at all times. The bridge will be able to open for emergencies. Additionally, there are alternate routes 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 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: June 20, 2017. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2017-13246 Filed 6-23-17; 8:45 am] BILLING CODE 9110-04-P
![28772 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
listed in the FOR FURTHER INFORMATION will not result in such an expenditure, 132°23.154 W., and 56°28.077 N.,
CONTACT section. we do discuss the effects of this rule 132°23.074 W., until reaching the
Small businesses may send comments elsewhere in this preamble. northwestern most end of Wrangell City
on the actions of Federal employees pier at a line connecting the following
who enforce, or otherwise determine F. Environment
points: 56°28.299 N., 132°23.454 W.,
compliance with, Federal regulations to We have analyzed this proposed rule and 56°28.276 N., 132°23.495 W.
the Small Business and Agriculture under Department of Homeland (b) Regulations. In accordance with
Regulatory Enforcement Ombudsman Security Management Directive 023–01 the general regulations in 33 CFR part
and the Regional Small Business and Commandant Instruction 100, the regulated area shall be closed
Regulatory Fairness Boards. The M16475.lD, which guide the Coast immediately prior to, during and
Ombudsman evaluates these actions Guard in complying with the National immediately after the event to all
annually and rates each agency’s Environmental Policy Act of 1969 (42 persons and vessels not participating in
responsiveness to small business. If you U.S.C. 4321–4370f), and have the event and authorized by the event
wish to comment on actions by determined that this action is one of a sponsor.
employees of the Coast Guard, call 1– category of actions that do not (c) Authorization. All persons or
888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a vessels who desire to enter the
Coast Guard will not retaliate against significant effect on the human designated race area created in this
small entities that question or complain environment. This rule involves section while it is enforced must obtain
about this rule or any policy or action implementation of a special local permission from the on-scene patrol
of the Coast Guard. regulation lasting 4 hours that would craft on VHF Ch 9.
prohibit entry within 100 yards of the (d) Enforcement period. This section
C. Collection of Information event area. It is categorically excluded will be enforced from 3 p.m. to 7 p.m.
This rule would not call for a new from further review under paragraph on July 4, 2017.
collection of information under the 34(h) of Figure 2–1 of Commandant Dated: June 15, 2017.
Paperwork Reduction Act of 1995 (44 Instruction M16475.lD. A Record of M.F. McAllister,
U.S.C. 3501–3520). Environmental Consideration (REC)
Commander, RADM, U.S. Coast Guard,
D. Federalism and Indian Tribal supporting this determination is Seventeenth Coast Guard District.
Governments available in the docket where indicated
[FR Doc. 2017–13208 Filed 6–23–17; 8:45 am]
under ADDRESSES. We seek any
A rule has implications for federalism comments or information that may lead BILLING CODE 9110–04–P
under Executive Order 13132, to the discovery of a significant
Federalism, if it has a substantial direct environmental impact from this rule.
effect on the States, on the relationship DEPARTMENT OF HOMELAND
between the national government and G. Protest Activities SECURITY
the States, or on the distribution of The Coast Guard respects the First
power and responsibilities among the Coast Guard
Amendment rights of protesters.
various levels of government. We have Protesters are asked to contact the
analyzed this rule under that Order and 33 CFR Part 117
person listed in the FOR FURTHER
have determined that it is consistent INFORMATION CONTACT section to [Docket No. USCG–2017–0523]
with the fundamental federalism coordinate protest activities so that your
principles and preemption requirements message can be received without Drawbridge Operation Regulation;
described in Executive Order 13132. jeopardizing the safety or security of Long Creek, Hempstead, NY
Also, this rule does not have tribal people, places, or vessels. AGENCY: Coast Guard, DHS.
implications under Executive Order
13175, Consultation and Coordination List of Subjects in 33 CFR Part 100 ACTION:Notice of deviation from
with Indian Tribal Governments, Marine safety, Navigation (water), drawbridge regulation.
because it does not have a substantial Reporting and recordkeeping SUMMARY: The Coast Guard has issued a
direct effect on one or more Indian requirements, Waterways. temporary deviation from the operating
tribes, on the relationship between the For the reasons discussed in the schedule that governs the Loop Parkway
Federal Government and Indian tribes, preamble, the Coast Guard amends 33 Bridge across Long Creek, mile 0.7, at
or on the distribution of power and CFR part 100 as follows: Hempstead, New York. This action is
responsibilities between the Federal necessary in order to facilitate an annual
Government and Indian tribes. If you PART 100—SAFETY OF LIFE ON fireworks display. The deviation allows
believe this rule has implications for NAVIGABLE WATERS the bridge to remain in the closed
federalism or Indian tribes, please position for approximately two and one
contact the person listed in the FOR ■ 1. The authority citation for part 100
continues to read as follows: half hours.
FURTHER INFORMATION CONTACT section.
DATES: This deviation is effective from
Authority: 33 U.S.C 1233.
E. Unfunded Mandates Reform Act 9:30 p.m. on July 8, 2017 to 11:59 p.m.
■ 2. Add § 100.35T17–0223 to read as on July 9, 2017.
The Unfunded Mandates Reform Act
follows: ADDRESSES: The docket for this
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of § 100.35T17–0223 Special Local deviation, USCG–2017–0523 is available
sradovich on DSK3GMQ082PROD with RULES
their discretionary regulatory actions. In Regulation; Wrangell 4th of July at http://www.regulations.gov. Type the
particular, the Act addresses actions Celebration Boat Races, Wrangell, AK. docket number in the ‘‘SEARCH’’ box
that may result in the expenditure by a (a) Regulated area. The following area and click ‘‘SEARCH’’. Click on Open
State, local, or tribal government, in the is specified as a race area: All waters of Docket Folder on the line associated
aggregate, or by the private sector of Zimovia Straits, Wrangell, AK North of with this deviation.
$100,000,000 (adjusted for inflation) or Wrangell Harbor entrance connecting FOR FURTHER INFORMATION CONTACT: If
more in any one year. Though this rule the following points: 56°28.055 N., you have questions on this temporary
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![Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations 28773
deviation, call or email James M. Moore, DEPARTMENT OF HOMELAND II. Background Information and
Bridge Management Specialist, First SECURITY Regulatory History
District Bridge Branch, U.S. Coast On March 23, 2017, Sector Boston
Guard; telephone 212–514–4334, email Coast Guard was made aware of a bridge
james.m.moore2@uscg.mil. rehabilitation project that includes the
33 CFR Part 165 replacement of the swing span portion
SUPPLEMENTARY INFORMATION: The Town
[Docket Number USCG–2017–0327] of MBTA Railroad Bridge, which spans
of Hempstead Department of Public the Danvers River in Beverly and Salem,
Safety submitted and the bridge owner, Massachusetts. The COTP Boston has
RIN 1625–AA00
the New York State Department of determined that the potential hazards
Transportation, concurred with a Safety Zone; Danvers River, Beverly, associated with the bridge rehabilitation
temporary deviation request from the MA project will be a safety concern for
normal operating schedule to facilitate a anyone within the work area.
public fireworks event. AGENCY: Coast Guard, DHS. The project is scheduled to begin on
The Loop Parkway Bridge, mile 0.7, ACTION: Temporary final rule. June 5, 2017 and be completed by
across Long Creek, has a vertical November 1, 2017. During this project,
SUMMARY: The Coast Guard is
clearance of 21 feet at mean high water removal and replacement of the swing
establishing a temporary safety zone for
and 23 feet at mean low water in the span will take place. No vessel or
the navigable waters within a 300-yard
closed position. The existing person will be permitted to enter the
radius of the swing span portion of the
drawbridge operating regulations are safety zone without obtaining
Massachusetts Bay Transportation
listed at 33 CFR 117.799(f). permission from the COTP or a
Authority (MBTA)/AMTRAK Bridge, at
designated representative. The safety
This temporary deviation will allow mile 0.05 on the Danvers River, between
zone will be enforced during different
the Loop Parkway Bridge to remain Salem and Beverly, Massachusetts. The
periods when work barges and gantry
closed from 9:30 p.m. through 11:59 safety zone is needed to protect
cranes will be placed in the navigable
p.m. on July 8, 2017 with a rain date of personnel, vessels and the marine
channel or when other hazards to
July 9, 2017. The waterway is used environment from potential hazards
navigation arise. The Coast Guard will
primarily by seasonal recreational created during removal and replacement
issue a Broadcast Notice to Mariners via
of the swing span portion of the MBTA
vessels and occasional tug/barge traffic. marine channel 16 (VHF–FM) 24 hours
Railroad Bridge. When enforced, this
Coordination with waterway users has in advance to any period of enforcement
regulation prohibits entry of vessels or
indicated no objections to this short- or as soon as practicable in response to
people into the safety zone unless
term closure of the draw. an emergency. If the project is
authorized by the Captain of the Port
Vessels that can pass under the bridge completed prior to November 1, 2017,
(COTP) Boston or a designated
enforcement of the safety zone will be
without an opening may do so at all representative.
suspended and notice given via
times. The bridge will be able to open DATES: This rule is effective without Broadcast Notice to Mariners.
for emergencies. Additionally, there are actual notice from June 26, 2017 The Coast Guard is issuing this
alternate routes for vessels to pass. through November 1, 2017. For the temporary final rule without prior
The Coast Guard will also inform the purposes of enforcement, actual notice notice and opportunity to comment
users of the waterways through our will be used from June 20, 2017 through pursuant to authority under section 4(a)
Local and Broadcast Notices to Mariners June 26, 2017. of the Administrative Procedure Act
of the change in operating schedule for ADDRESSES: To view documents (APA) (5 U.S.C. 553(b)). This provision
the bridge so that vessel operators can mentioned in this preamble as being authorizes an agency to issue a rule
arrange their transits to minimize any available in the docket, go to http:// without prior notice and opportunity to
impact caused by the temporary www.regulations.gov, type USCG–2017– comment when the agency for good
deviation. 0327 in the ‘‘SEARCH’’ box and click cause finds that those procedures are
‘‘SEARCH.’’ Click on Open Docket ‘‘impracticable, unnecessary, or contrary
In accordance with 33 CFR 117.35(e), to the public interest.’’ Under 5 U.S.C.
Folder on the line associated with this
the drawbridge must return to its regular 553(b)(B), the Coast Guard finds that
rule.
operating schedule immediately at the good cause exists for not publishing an
end of the effective period of this FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or NPRM with respect to this rule because
temporary deviation. This deviation doing so would be impracticable and
from the operating regulations is email Mark Cutter, Waterways
Management Division, U.S. Coast Guard contrary to the public interest. The late
authorized under 33 CFR 117.35. finalization of project details did not
Sector Boston, telephone 617–223–4000,
Dated: June 20, 2017. email Mark.E.Cutter@uscg.mil. give the Coast Guard enough time to
C.J. Bisignano, publish an NPRM, take public
SUPPLEMENTARY INFORMATION:
comments, and issue a final rule before
Supervisory Bridge Management Specialist,
I. Table of Abbreviations the construction work is set to begin. It
First Coast Guard District.
would be impracticable and contrary to
[FR Doc. 2017–13246 Filed 6–23–17; 8:45 am] CFR Code of Federal Regulations the public interest to delay
BILLING CODE 9110–04–P COTP Captain of the Port promulgating this rule as it is necessary
sradovich on DSK3GMQ082PROD with RULES
DHS Department of Homeland Security to protect the safety of the public and
FR Federal Register
waterway users.
MBTA Massachusetts Bay Transportation
Authority
We are issuing this rule, and under 5
NAD 83 North American Datum 83 U.S.C. 553(d)(3), the Coast Guard finds
NPRM Notice of proposed rulemaking that good cause exists for making it
§ Section effective less than 30 days after
U.S.C. United States Code publication in the Federal Register.
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Document Created: 2018-11-14 10:10:58
Document Modified: 2018-11-14 10:10:58
| 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. | |
| Dates | This deviation is effective from 9:30 p.m. on July 8, 2017 to 11:59 p.m. on July 9, 2017. | |
| Contact | If you have questions on this temporary deviation, call or email James M. Moore, Bridge Management Specialist, First District Bridge Branch, U.S. Coast Guard; telephone 212-514-4334, email [email protected] | |
| FR Citation | 82 FR 28772 |
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