82 FR 29736 - Drawbridge Operation Regulation; Swinomish Channel, Whitmarsh, WA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 125 (June 30, 2017)
Coast Guard
Federal Register Volume 82, Issue 125 (June 30, 2017)
| Page Range | 29736-29737 | |
| FR Document | 2017-13745 |
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)] [Rules and Regulations] [Pages 29736-29737] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13745] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0470] Drawbridge Operation Regulation; Swinomish Channel, Whitmarsh, WA 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 Northern Santa Fe Railroad Company (BNSF) Railroad Swing Span Drawbridge 12A across Swinomish Channel, mile 8.4, [[Page 29737]] near Whitmarsh, WA. This deviation is necessary to accommodate replacement of the bridge protective fendering system. The deviation allows the bridge to remain in the closed-to-navigation position at various times based on low tide predictions; and also allows the swing span to not completely open at various times detained herein. DATES: This deviation is effective from 7 a.m. on July 1, 2017 to 6 p.m. on November 30, 2017. ADDRESSES: The docket for this deviation, [USCG-2017-0470] 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. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]. SUPPLEMENTARY INFORMATION: BNSF (bridge owner) has requested the BNSF Railroad Swing Span Drawbridge 12 be allowed to close the span, and need not open to marine traffic to facilitate fender replacements. The BNSF Railroad Swing Span Drawbridge 12A crosses the Swinomish channel, mile 8.4, near Whitmarsh, WA. The swing span provides 8 feet of vertical clearance in the closed-to-navigation position, and 100 feet of horizontal clearance in the open-to-navigation position. The span provides unlimited vertical clearance in the open-to-navigation position. Vertical and horizontal clearances are referenced to mean high-water elevation. The closures of the BNSF Railroad Swing Span Drawbridge for the fender replacements will depend on the tidal status of the river, which means that work (and closure), will occur on different times on different days. The specific times of the bridge closures will be published in the weekly Coast Guard Local Notice to Mariners. BNSF work requires the swing span to be in the closed-to-navigation position when the ebb tide height reaches plus three feet above Mean Tide Level, and open the span when the flood tide height reaches plus three feet above Mean Tide Level. The deviation period allows the subject bridge to be in the closed-to-navigation position from 6 a.m. on July 1, 2017 to 6 p.m. on November 30, 2017, when the river is a plus three foot ebb tide, and open the bridge span on a plus three foot flood tide Monday through Saturday. However, if the project gets delayed, work on Sundays will be required. The swing span at various times will only be able to open to 97 percent. This reduces the horizontal navigation clearance by five feet--from 100 feet to 95 feet. The five feet of horizontal clearance is needed to position work barges at various locations to replace fenders. During the dates and times of the deviation, the drawbridge will not be able to operate according to the normal operating schedule. This drawbridge normally operates in accordance with 33 CFR 117.5. The subject bridge is normally maintained in the open-to-navigation position. The bridge shall operate in accordance to 33 CFR 117.5 at all other times. Waterway usage on the Swinomish Channel includes commercial tugs and barges, U.S. Coast Guard vessels, and large to small pleasure craft. The Coast Guard provided notice of this deviation to local mariners via the Local Notice Mariners and emails. One objection was submitted to the Coast Guard, and requested bridge closure times be posted in the Local Notice to Mariners. As stated herein, specific times will be published in the weekly Local Notice to Mariners. Vessels will not be able to pass through the swing span via the marked navigation channel during the closure times. Working barges will be positioned in the channel at the bridge during the closed-to- navigation periods preventing safe passage. An alternate route is via the southern Swinomish Channel using Skagit Bay. The bridge will not be able to open for vessels responding to emergencies during the stated closure times. 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 vessels 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 23, 2017. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2017-13745 Filed 6-29-17; 8:45 am] BILLING CODE 9110-04-P
![29736 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
operated and are not dominant in their responsibilities between the Federal PART 100—SAFETY OF LIFE ON
fields, and governmental jurisdictions Government and Indian tribes. If you NAVIGABLE WATERS
with populations of less than 50,000. believe this rule has implications for
The Coast Guard certifies under 5 U.S.C. federalism or Indian tribes, please ■ 1. The authority citation for Part 100
605(b) that this rule will not have a contact the person listed in the FOR continues to read as follows:
significant economic impact on a FURTHER INFORMATION CONTACT section. Authority: 33 U.S.C. 1233
substantial number of small entities.
While some owners or operators of E. Unfunded Mandates Reform Act ■ 2. Add § 100. 169 to read as follows:
vessels intending to transit through the The Unfunded Mandates Reform Act § 100. 169 Special Local Regulation;
no-wake zone may be small entities, for of 1995 (2 U.S.C. 1531–1538) requires Washburn Board Across the Bay, Lake
the reasons stated in section V.A above, Federal agencies to assess the effects of Superior; Chequamegon Bay, WI.
this rule will not have a significant their discretionary regulatory actions. In (a) Location. All waters of
economic impact on any vessel owner particular, the Act addresses actions Chequamegon Bay within 100 yards of
or operator. that may result in the expenditure by a either side of an imaginary line
If you think that your business, State, local, or tribal government, in the beginning in Washburn, WI at position
organization, or governmental aggregate, or by the private sector of 46°36′52″ N., 090°54′24″ W.; thence
jurisdiction qualifies as a small entity $100,000,000 (adjusted for inflation) or southwest to position 46°38′44″ N.,
and that this rule will have a significant more in any one year. Though this rule 090°54′50″ W.; thence southeast to
economic impact on it, please submit a will not result in such an expenditure, position 46°37′02″ N., 090°50′20″ W.;
comment (see ADDRESSES) explaining we do discuss the effects of this rule and ending southwest at position
why you think it qualifies and how and elsewhere in this preamble. 46°36′12″ N., 090°51′51″ W.
to what degree this rule would (b) Effective period. This annual event
economically affect it. F. Environment
historically occurs within the third or
Under section 213(a) of the Small
We have analyzed this rule under fourth week of July. The COTP, Duluth,
Business Regulatory Enforcement
Department of Homeland Security will announce enforcement dates via
Fairness Act of 1996 (Pub. L. 104–121),
Management Directive 023–01 and Notice of Enforcement, Local Notice to
we want to assist small entities in
Commandant Instruction M16475.lD, Mariners, Broadcast Notice to Mariners,
understanding this rule. If the rule
which guide the Coast Guard in on-scene designated representatives, or
would affect your small business,
complying with the National other forms of outreach.
organization, or governmental
Environmental Policy Act of 1969 (42 (c) Regulations. Vessels transiting
jurisdiction and you have questions
U.S.C. 4321–4370f), and have made a within the regulated area shall travel at
concerning its provisions or options for
preliminary determination that this a no-wake speed except as may be
compliance, please contact the person
action is one of a category of actions that permitted by the COTP, Duluth or a
listed in the FOR FURTHER INFORMATION
do not individually or cumulatively designated on-scene representative.
CONTACT section. The Coast Guard will
have a significant effect on the human Additionally, vessels shall yield right-
not retaliate against small entities that
environment. This rule involves a no- of-way for event participants and event
question or complain about this rule or
wake zone being enforced for no more safety craft and shall follow directions
any policy or action of the Coast Guard.
than 5 hours along a prescribed route given by event representatives during
C. Collection of Information between Washburn & Ashland, the event.
This rule will not call for a new Wisconsin. Normally such actions are Dated: May 26, 2017.
collection of information under the categorically excluded from further E.E. Williams,
Paperwork Reduction Act of 1995 (44 review under paragraph 34(h) of Figure Commander, U.S. Coast Guard, Captain of
U.S.C. 3501–3520). 2–1 of Commandant Instruction the Port Duluth.
M16475.lD. A preliminary Record of [FR Doc. 2017–13559 Filed 6–29–17; 8:45 am]
D. Federalism and Indian Tribal Environmental Consideration and
Governments Categorical Exclusion Determination are
BILLING CODE 9110–04–P
A rule has implications for federalism available in the docket where indicated
under Executive Order 13132, under ADDRESSES. DEPARTMENT OF HOMELAND
Federalism, if it has a substantial direct SECURITY
effect on the States, on the relationship G. Protest Activities
between the national government and The Coast Guard respects the First Coast Guard
the States, or on the distribution of Amendment rights of protesters.
power and responsibilities among the Protesters are asked to contact the 33 CFR Part 117
various levels of government. We have person listed in the FOR FURTHER [Docket No. USCG–2017–0470]
analyzed this rule under that Order and INFORMATION CONTACT section to
have determined that it is consistent coordinate protest activities so that your Drawbridge Operation Regulation;
with the fundamental federalism message can be received without Swinomish Channel, Whitmarsh, WA
principles and preemption requirements jeopardizing the safety or security of
described in Executive Order 13132. people, places or vessels. AGENCY: Coast Guard, DHS.
Also, this rule does not have tribal ACTION:Notice of deviation from
implications under Executive Order List of Subjects in 33 CFR Part 100 drawbridge regulation.
mstockstill on DSK30JT082PROD with RULES
13175, Consultation and Coordination
Marine safety, Navigation (water),
with Indian Tribal Governments, SUMMARY: The Coast Guard has issued a
Reporting and recordkeeping
because it would not have a substantial temporary deviation from the operating
requirements, Waterways.
direct effect on one or more Indian schedule that governs the Northern
tribes, on the relationship between the For the reasons discussed in the Santa Fe Railroad Company (BNSF)
Federal Government and Indian tribes, preamble, the Coast Guard amends 33 Railroad Swing Span Drawbridge 12A
or on the distribution of power and CFR part 100 as follows: across Swinomish Channel, mile 8.4,
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![Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations 29737
near Whitmarsh, WA. This deviation is The swing span at various times will DEPARTMENT OF HOMELAND
necessary to accommodate replacement only be able to open to 97 percent. This SECURITY
of the bridge protective fendering reduces the horizontal navigation
system. The deviation allows the bridge clearance by five feet—from 100 feet to Coast Guard
to remain in the closed-to-navigation 95 feet. The five feet of horizontal
position at various times based on low clearance is needed to position work 33 CFR Part 117
tide predictions; and also allows the barges at various locations to replace
swing span to not completely open at [Docket No. USCG–2017–0365]
fenders.
various times detained herein.
During the dates and times of the Drawbridge Operation Regulation;
DATES: This deviation is effective from
deviation, the drawbridge will not be Lewis Creek Channel, Chincoteague,
7 a.m. on July 1, 2017 to 6 p.m. on VA
November 30, 2017. able to operate according to the normal
ADDRESSES: The docket for this
operating schedule. This drawbridge AGENCY: Coast Guard, DHS.
deviation, [USCG–2017–0470] is normally operates in accordance with
ACTION:Notice of deviation from
available at http://www.regulations.gov. 33 CFR 117.5. The subject bridge is
drawbridge regulation.
Type the docket number in the normally maintained in the open-to-
‘‘SEARCH’’ box and click ‘‘SEARCH.’’ navigation position. The bridge shall SUMMARY: The Coast Guard has issued a
Click on Open Docket Folder on the line operate in accordance to 33 CFR 117.5 temporary deviation from the operating
associated with this deviation. at all other times. Waterway usage on schedule that governs the SR 175 Bridge
FOR FURTHER INFORMATION CONTACT: If the Swinomish Channel includes that carries the SR 175 across the Lewis
you have questions on this temporary commercial tugs and barges, U.S. Coast Creek Channel, mile 0.0, at
deviation, call or email Mr. Steven Guard vessels, and large to small Chincoteague, VA. The deviation is
Fischer, Bridge Administrator, pleasure craft. The Coast Guard necessary to facilitate the Annual Pony
Thirteenth Coast Guard District; provided notice of this deviation to Run. This deviation allows the bridge to
telephone 206–220–7282, email d13-pf- local mariners via the Local Notice remain in the closed-to-navigation
d13bridges@uscg.mil. Mariners and emails. One objection was position.
SUPPLEMENTARY INFORMATION: BNSF submitted to the Coast Guard, and DATES: The deviation is effective from 7
(bridge owner) has requested the BNSF requested bridge closure times be posted a.m. on Wednesday July 26, 2017,
Railroad Swing Span Drawbridge 12 be in the Local Notice to Mariners. As through 5 p.m. on Thursday July 27,
allowed to close the span, and need not stated herein, specific times will be 2017.
open to marine traffic to facilitate fender published in the weekly Local Notice to ADDRESSES: The docket for this
replacements. The BNSF Railroad Mariners. deviation, [USCG–2017–0365] is
Swing Span Drawbridge 12A crosses the
Vessels will not be able to pass available at http://www.regulations.gov.
Swinomish channel, mile 8.4, near
through the swing span via the marked Type the docket number in the
Whitmarsh, WA. The swing span
navigation channel during the closure ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
provides 8 feet of vertical clearance in
times. Working barges will be Click on Open Docket Folder on the line
the closed-to-navigation position, and
positioned in the channel at the bridge associated with this deviation.
100 feet of horizontal clearance in the
open-to-navigation position. The span during the closed-to-navigation periods FOR FURTHER INFORMATION CONTACT: If
provides unlimited vertical clearance in preventing safe passage. An alternate you have questions on this temporary
the open-to-navigation position. Vertical route is via the southern Swinomish deviation, call or email Mr. Michael
and horizontal clearances are referenced Channel using Skagit Bay. The bridge Thorogood, Bridge Administration
to mean high-water elevation. will not be able to open for vessels Branch Fifth District, Coast Guard,
The closures of the BNSF Railroad responding to emergencies during the telephone 757–398–6557, email
Swing Span Drawbridge for the fender stated closure times. The Coast Guard Michael.R.Thorogood@uscg.mil.
replacements will depend on the tidal will also inform the users of the SUPPLEMENTARY INFORMATION: The
status of the river, which means that waterways through our Local and Virginia Department of Transportation,
work (and closure), will occur on Broadcast Notices to Mariners of the owner and operator of the SR 175 Bridge
different times on different days. The change in operating schedule for the that carries the SR 175 Bridge across the
specific times of the bridge closures will bridge so that vessels can arrange their Lewis Creek Channel, mile 0.0, at
be published in the weekly Coast Guard transits to minimize any impact caused Chincoteague, VA, has requested a
Local Notice to Mariners. BNSF work by the temporary deviation. temporary deviation from the current
requires the swing span to be in the operating regulations to ensure the
closed-to-navigation position when the In accordance with 33 CFR 117.35(e), safety of the increased volumes of
ebb tide height reaches plus three feet the drawbridge must return to its regular spectators that will be attending Annual
above Mean Tide Level, and open the operating schedule immediately at the Pony Run on Wednesday July 26, 2017,
span when the flood tide height reaches end of the effective period of this and Thursday July 27, 2017. This bridge
plus three feet above Mean Tide Level. temporary deviation. This deviation is a bascule span drawbridge with a
The deviation period allows the subject from the operating regulations is vertical clearance of 15 feet above mean
bridge to be in the closed-to-navigation authorized under 33 CFR 117.35. high water in the closed position and
position from 6 a.m. on July 1, 2017 to Dated: June 23, 2017. unlimited vertical clearance in the open
mstockstill on DSK30JT082PROD with RULES
6 p.m. on November 30, 2017, when the Steven M. Fischer,
position. The current operating
river is a plus three foot ebb tide, and regulation is set out in 33 CFR 117.5.
open the bridge span on a plus three Bridge Administrator, Thirteenth Coast Guard Under this temporary deviation, the
District.
foot flood tide Monday through bridge will be maintained in the closed-
Saturday. However, if the project gets [FR Doc. 2017–13745 Filed 6–29–17; 8:45 am] to-navigation position from 7 a.m. to 5
delayed, work on Sundays will be BILLING CODE 9110–04–P p.m. on Wednesday July 26, 2017 and
required. Thursday July 27, 2017.
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Document Created: 2017-06-30 06:01:49
Document Modified: 2017-06-30 06:01:49
| 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 7 a.m. on July 1, 2017 to 6 p.m. on November 30, 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 | 82 FR 29736 |
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