82 FR 33448 - Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 138 (July 20, 2017)
Coast Guard
Federal Register Volume 82, Issue 138 (July 20, 2017)
| Page Range | 33448-33449 | |
| FR Document | 2017-15230 |
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)] [Rules and Regulations] [Pages 33448-33449] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15230] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0695] 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 (BNSF) 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, for the second time within the past year, to determine whether a permanent change to the schedule is appropriate. DATES: This deviation is effective from 6 a.m. on July 22, 2017 to 6 a.m. on January 16, 2018. Comments and related material must reach the Coast Guard on or before January 16, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2017-0695 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. Danny McReynolds, Bridge Management Specialist, Thirteenth Coast Guard District; telephone 206- 220-7234, email [email protected]. SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis Burlington Northern Santa Fe Railroad, the bridge owner, is requesting to test a deviation to the schedule of the Chambers Creek BNSF railroad vertical lift railroad bridge across Chambers Creek, mile 0.01, near Steilacoom in Pierce County, WA. Due to minimal usage of the drawbridge between 10 p.m. and 6 a.m., the bridge owner has requested to test this schedule to see if it better balances the needs of marine and rail traffic. The bridge 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; which requires the bridge to open anytime when a request or signal to open is given. The following facts support BNSF's proposal: (1) The previous test deviation from December 12, 2016 to Jun 23, 2017 had only one lift opening request (2) 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, (3) 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 (4) 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, for a second time within a year, 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 6 a.m. on July 22, 2017 to 6 a.m. on January 15, 2017, the subject bridge shall open on signal, except from [[Page 33449]] 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 anytime. 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 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: July 13, 2017. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2017-15230 Filed 7-19-17; 8:45 am] BILLING CODE 9110-04-P
![33448 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations
failure to pay the amount shown as tax Insurance Contributions Act taxes and ADDRESSES: You may submit comments
on the return. income tax withholding from wages), identified by docket number USCG–
(e) Coordination with § 1.6081–1. No the return which is required to be made 2017–0695 using Federal eRulemaking
extension of time will be granted under under § 31.6051–2 must be filed on or Portal at http://www.regulations.gov.
§ 1.6081–1 for filing a return listed in before the last day of the first calendar See the ‘‘Public Participation and
paragraph (a) of this section until an month following the period for which Request for Comments’’ portion of the
automatic extension has been allowed the final return is filed. The SUPPLEMENTARY INFORMATION section
pursuant to this section. requirements set forth in this paragraph below for instructions on submitting
(f) Applicability date. This section (a)(3)(ii) do not apply to employers with comments.
applies to requests for extensions of respect to employees whose wages are FOR FURTHER INFORMATION CONTACT: If
time to file returns listed in paragraph for domestic service in the private home you have questions on this temporary
(a) of this section on or after July 20, of the employer. See § 31.6011(a)– deviation, call or email Mr. Danny
2017. Sections 1.6081–3 and 1.6081–9 1(a)(3). McReynolds, Bridge Management
(as contained in 26 CFR part 1, revised (b) through (f) [Reserved]. For further Specialist, Thirteenth Coast Guard
April 2017) apply to requests for guidance, see § 31.6071(a)–1(b) through District; telephone 206–220–7234, email
extensions before July 20, 2017. (f). d13-pf-d13bridges@uscg.mil.
(g) Expiration date. The applicability (g) Applicability date. This section
of this section will expire on or before SUPPLEMENTARY INFORMATION:
applies to returns filed after July 20,
July 17, 2020. 2017. Section 31.6071(a)–1 (as I. Background, Purpose and Legal Basis
contained in 26 CFR part 31, revised
PART 31—EMPLOYMENT TAXES AND Burlington Northern Santa Fe
April 2017) applies to returns filed
COLLECTION OF INCOME TAX AT THE Railroad, the bridge owner, is requesting
before July 20, 2017.
SOURCE (h) Expiration date. The applicability to test a deviation to the schedule of the
of this section will expire on or before Chambers Creek BNSF railroad vertical
■ Par. 30. The authority citation for part lift railroad bridge across Chambers
July 17, 2020.
31 continues to read in part as follows: Creek, mile 0.01, near Steilacoom in
Authority: 26 U.S.C. 7805 * * * Kirsten Wielobob, Pierce County, WA. Due to minimal
Deputy Commissioner for Services and usage of the drawbridge between 10
■ Par. 31. Revise paragraph (a)(3) of Enforcement. p.m. and 6 a.m., the bridge owner has
§ 31.6071(a)–1 to read as follows: requested to test this schedule to see if
Approved: July 7, 2017.
§ 31.6071(a)–1 Time for filing returns and Tom West, it better balances the needs of marine
other documents. Tax Legislative Counsel. and rail traffic. The bridge has a vertical
(a) * * * [FR Doc. 2017–15209 Filed 7–18–17; 4:15 pm] clearance of 10ft in the closed-to-
(3) [Reserved]. For further guidance, BILLING CODE 4830–01–P
navigation position and 50ft of vertical
see § 31.6071(a)–1T(a)(3). clearance in the open-to-navigation
* * * * * position (reference plane is MHW
■ Par. 32. Add § 31.6071(a)–1T to read
elevation of 12.2 feet). The bridge
DEPARTMENT OF HOMELAND
as follows: currently operates under 33 CFR 117.5;
SECURITY
which requires the bridge to open
§ 31.6071(a)–1T Time for filing returns and Coast Guard anytime when a request or signal to
other documents (temporary). open is given.
(a) Federal Insurance Contributions 33 CFR Part 117 The following facts support BNSF’s
Act and income tax withheld from proposal: (1) The previous test deviation
wages and from nonpayroll payments. [Docket No. USCG–2017–0695] from December 12, 2016 to Jun 23, 2017
(1) through (2) [Reserved]. For further had only one lift opening request (2)
Drawbridge Operation Regulation; over the last 6 years only 2% of the
guidance, see § 31.6071(a)–1(a)(1) and
Chambers Creek, Steilacoom, WA subject bridge lifts have occurred
(2).
(3) Information returns—(i) General AGENCY: Coast Guard, DHS. between the hours of 10 p.m. and 6 a.m.,
rule. Each information return in respect ACTION: Notice of temporary deviation which equates to approximately 5
of wages as defined in Federal Insurance from regulations; request for comments. openings a year, (3) from February 2009
Contributions Act or of income tax to June 2015 there were 1932 total
withheld from wages as required under SUMMARY: The Coast Guard has issued a openings of which only 40 occurred
§ 31.6051–2 must be filed on or before temporary deviation from the operating between the hours of 10 p.m. and 6 a.m.,
January 31 of the year following the schedule that governs the Chambers and (4) the navigation traffic consists
calendar year for which it is made, Creek Burlington Northern Santa Fe primarily of the tenants of Chambers
except that, if a tax return under (BNSF) railroad vertical lift railroad Bay marina (recreational users) that are
§ 31.6011(a)–5(a) is filed as a final bridge across Chambers Creek, mile members of the Chambers Bay Boating
return for a period ending prior to 0.01, near Steilacoom in Pierce County, Association.
December 31, the information return WA. This deviation will test a change to The Coast Guard is publishing this
must be filed on or before the last day the drawbridge operation schedule, for temporary deviation, for a second time
of the first calendar month following the the second time within the past year, to within a year, to test the proposed
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period for which the tax return is filed. determine whether a permanent change schedule change to determine whether a
(ii) Expedited filing. If an employer to the schedule is appropriate. permanent change to the schedule is
who is required to make a return DATES: This deviation is effective from appropriate to better balance the needs
pursuant to § 31.6011(a)–1 or 6 a.m. on July 22, 2017 to 6 a.m. on of marine and rail traffic.
§ 31.6011(a)–4 is required to make a January 16, 2018. Under this temporary deviation, in
final return on Form 941, or a variation Comments and related material must effect from 6 a.m. on July 22, 2017 to 6
thereof, under § 31.6011(a)–6(a)(1) reach the Coast Guard on or before a.m. on January 15, 2017, the subject
(relating to the final return for Federal January 16, 2018. bridge shall open on signal, except from
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![Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations 33449
10 p.m. to 6 a.m. the draw shall open comments are posted or a final rule is II. Background Information and
on signal if at least 4 hours notice is published. Regulatory History
given. The bridge will be required to Dated: July 13, 2017.
open as soon a possible, no later than The Coast Guard is issuing this
Steven M. Fischer, temporary rule without prior notice and
1 hour after notification, for vessels
Bridge Administrator, Thirteenth Coast Guard opportunity to comment pursuant to
engaged in emergency response. District.
The Coast Guard will inform the users authority under section 4(a) of the
[FR Doc. 2017–15230 Filed 7–19–17; 8:45 am] Administrative Procedure Act (APA) (5
of the waterways of this temporary
deviation through our Local and BILLING CODE 9110–04–P U.S.C. 553(b)). This provision
Broadcast Notices to Mariners and authorizes an agency to issue a rule
through direct outreach with the without prior notice and opportunity to
DEPARTMENT OF HOMELAND comment when the agency for good
Chambers Creek Boating Association so SECURITY
that vessel operators can arrange their cause finds that those procedures are
transits to minimize any impact caused ‘‘impracticable, unnecessary, or contrary
Coast Guard to the public interest.’’ Under 5 U.S.C.
by the temporary deviation. Vessels able
to pass underneath the bridge in the 553(b)(B), the Coast Guard finds that
33 CFR Part 165 good cause exists for not publishing a
closed-to-navigation position may do so
at anytime. notice of proposed rulemaking (NPRM)
[Docket Number USCG–2017–0670] with respect to this rule because the
In accordance with 33 CFR 117.35(e),
Coast Guard did not receive notice of
the drawbridge must return to its regular
RIN 1625–AA87 this event until two days prior to the
operating schedule immediately at the
exercise and there is an immediate need
end of the effective period of this Security Zone; Atlantic Ocean, Ft. to protect the security of the naval
temporary deviation. This deviation Lauderdale, FL vessels, the public, and the surrounding
from the operating regulations is
waterway from terrorist acts, sabotage or
authorized under 33 CFR 117.35. AGENCY: Coast Guard, DHS. other subversive acts, accidents, or other
II. Public Participation and Request for ACTION: Temporary final rule. causes of similar nature. It is
Comments impracticable to publish an NPRM
SUMMARY: The Coast Guard is because the zone must be established by
We view public participation as
establishing a temporary security zone July 8, 2017.
essential to effective rulemaking, and
on the waters of the Atlantic Ocean for Under 5 U.S.C. 553(d)(3), the Coast
will consider all comments and material
a United States Navy exercise. There Guard finds that good cause exists for
received during the comment period.
will be a zone approximately 4 nautical making this rule effective less than 30
Your comment can help shape the
miles wide extending from .75 nautical days after publication in the Federal
outcome of this rulemaking. If you
miles off the beach to 4 nautical miles Register. Delaying the effective date of
submit a comment, please include the
offshore. The zone will begin this rule would be impracticable
docket number for this rulemaking,
approximately .4 nautical miles south of because immediate action is needed to
indicate the specific section of this
Port Everglades Inlet. The security zone respond to the potential security risks
document to which each comment
is needed to protect personnel, vessels, associated with naval exercises.
applies, and provide a reason for each
and the surrounding waterway from
suggestion or recommendation. III. Legal Authority and Need for Rule
terrorist acts, sabotage or other
We encourage you to submit subversive acts, accidents, or other
comments through the Federal The Coast Guard is issuing this rule
causes of a similar nature. Entry of
eRulemaking Portal at http:// under authority in 33 U.S.C. 1231. The
vessels or persons into this zone is
www.regulations.gov. If your material Captain of the Port Miami (COTP) has
prohibited unless specifically
cannot be submitted using http:// determined the potential security
authorized by the Captain of the Port
www.regulations.gov, contact the person concerns associated with naval
Miami.
in the FOR FURTHER INFORMATION exercises starting July 8, 2017. This rule
CONTACT section of this document for DATES: This rule is effective without is needed to protect naval vessels, the
alternate instructions. actual notice from 5 a.m. to 8 p.m. daily public, and the surrounding waterway
We accept anonymous comments. All from July 20, 2017 through July 21, from terrorist acts, sabotage or other
comments received will be posted 2017. For the purposes of enforcement, subversive acts, accidents, or other
without change to http:// actual notice will be used from 5 a.m. causes of a similar nature while the
www.regulations.gov and will include to 8 p.m. daily from July 8, 2017 exercise is occurring.
any personal information you have through July 20, 2017.
IV. Discussion of the Rule
provided. For more about privacy and FOR FURTHER INFORMATION CONTACT: If
the docket, you may review a Privacy you have questions on this rule, call or This rule establishes a security zone
Act notice regarding the Federal Docket email Petty Officer Mara Brown, U.S. from 5 a.m. until 8 p.m. daily from July
Management System in the March 24, Coast Guard; telephone 305–535–4317, 8, 2017 through July 21, 2017, while the
2005, issue of the Federal Register (70 email Mara.J.Brown@uscg.mil. Navy is performing the exercise. The
FR 15086). security zone will cover all navigable
asabaliauskas on DSKBBXCHB2PROD with RULES
SUPPLEMENTARY INFORMATION:
Documents mentioned in this notice, waters approximately in an area 4
and all public comments, are in our I. Table of Abbreviations nautical miles wide extending from .75
online docket at http:// nautical miles off the beach to 4 nautical
CFR Code of Federal Regulations
www.regulations.gov and can be viewed DHS Department of Homeland Security
miles offshore. The zone will begin
by following that Web site’s FR Federal Register approximately .4 nautical miles south of
instructions. Additionally, if you go to NPRM Notice of proposed rulemaking Port Everglades Inlet. No vessel or
the online docket and sign up for email § Section person will be permitted to enter the
alerts, you will be notified when U.S.C. United States Code security zone without obtaining
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Document Created: 2017-07-20 06:58:11
Document Modified: 2017-07-20 06:58:11
| 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 6 a.m. on July 22, 2017 to 6 a.m. on January 16, 2018. | |
| Contact | If you have questions on this temporary deviation, call or email Mr. Danny McReynolds, Bridge Management Specialist, Thirteenth Coast Guard District; telephone 206- 220-7234, email [email protected] | |
| FR Citation | 82 FR 33448 |
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