82 FR 44733 - Drawbridge Operation Regulation; Southern Branch of the Elizabeth River, Chesapeake, VA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 185 (September 26, 2017)
Coast Guard
Federal Register Volume 82, Issue 185 (September 26, 2017)
| Page Range | 44733-44734 | |
| FR Document | 2017-20564 |
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)] [Rules and Regulations] [Pages 44733-44734] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20564] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0573] Drawbridge Operation Regulation; Southern Branch of the Elizabeth River, Chesapeake, VA 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 I-64 (High Rise) Bridge across the Atlantic Intracoastal Waterway, Southern Branch of the Elizabeth River, mile 7.1, at Chesapeake, VA. The deviation is necessary to facilitate routine maintenance. This deviation allows the bridge to remain in the closed-to-navigation position. DATES: This deviation is effective from 7 a.m. on October 2, 2017 through 11 p.m. on November 22, 2017. ADDRESSES: The docket for this deviation, [USCG-2017-0573] 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. Mickey Sanders, Bridge Administration Branch Fifth District, Coast Guard; telephone (757) 398- 6587, email [email protected]. SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation, owner and operator of the I-64 (High Rise) Bridge across the Atlantic Intracoastal Waterway, Southern Branch of the Elizabeth River, mile 7.1, at Chesapeake, VA, has requested a temporary deviation from the current operating schedule to accommodate annual maintenance to remove and replace the center locks and install new electrical wiring and lubrication piping. The bridge has a vertical clearance of 65 feet above mean high water (MHW) in the closed position. The current operating schedule is set out in 33 CFR 117.997(e). Under this [[Page 44734]] temporary deviation, the bridge will be maintained in the closed-to- navigation position for four (4) separate five (5) day periods from 7 a.m., October 2, 2017, through 11 p.m., October 6, 2017; from 7 a.m., October 16, 2017, through 11 p.m., October 20, 2017; from 7 a.m., October 30, 2017, through 11 p.m., November 3, 2017; from 7 a.m., November 13, 2017, through 11.p.m., November 17, 2017. The alternate dates for inclement weather are from 7 a.m., October 9, 2017, through 11 p.m., October 13, 2017; from 7 a.m., October 23, 2017, through 11 p.m., October 27, 2017; from 7 a.m., November 6, 2017, through 11 p.m., November 10, 2017; from 7 a.m., November 18, 2017, through 11 p.m., November 22, 2017. The bridge will open on signal if at least 24 hours notice is given at all other times. The Atlantic Intracoastal Waterway, Southern Branch of the Elizabeth River is used by a variety of vessels including small commercial vessels, recreational vessels and tug and barge traffic. The Coast Guard has carefully coordinated the restrictions with waterway users in publishing this temporary deviation. Vessels able to pass through the bridge in the closed position may do so if at least 15 minutes notice is given. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels unable to pass through the bridge in the closed position. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notice 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 this temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of this effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: September 21, 2017. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2017-20564 Filed 9-25-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 44733
principles and preemption requirements will consider all comments and material Dated: September 18, 2017.
described in Executive Order 13132. received during the comment period. David Throop,
Also, this rule does not have tribal Your comment can help shape the Rear Admiral, U.S. Coast Guard, Commander,
implications under Executive Order outcome of this rulemaking. If you Thirteenth Coast Guard District.
13175, Consultation and Coordination submit a comment, please include the [FR Doc. 2017–20512 Filed 9–25–17; 8:45 am]
with Indian Tribal Governments, docket number for this rulemaking, BILLING CODE 9110–04–P
because it does not have a substantial indicate the specific section of this
direct effect on one or more Indian document to which each comment
tribes, on the relationship between the applies, and provide a reason for each DEPARTMENT OF HOMELAND
Federal Government and Indian tribes, suggestion or recommendation. SECURITY
or on the distribution of power and We encourage you to submit
responsibilities between the Federal comments through the Federal Coast Guard
Government and Indian tribes. eRulemaking Portal at http://
www.regulations.gov. If your material 33 CFR Part 117
E. Unfunded Mandates Reform Act
cannot be submitted using http:// [Docket No. USCG–2017–0573]
The Unfunded Mandates Reform Act www.regulations.gov, contact the person
of 1995 (2 U.S.C. 1531–1538) requires in the FOR FURTHER INFORMATION Drawbridge Operation Regulation;
Federal agencies to assess the effects of CONTACT section of this document for Southern Branch of the Elizabeth
their discretionary regulatory actions. In alternate instructions. River, Chesapeake, VA
particular, the Act addresses actions We accept anonymous comments. All
that may result in the expenditure by a AGENCY: Coast Guard, DHS.
comments received will be posted
State, local, or tribal government, in the without change to http:// ACTION:Notice of deviation from
aggregate, or by the private sector of www.regulations.gov and will include drawbridge regulation.
$100,000,000 (adjusted for inflation) or any personal information you have SUMMARY: The Coast Guard has issued a
more in any one year. Though this rule provided. For more about privacy and temporary deviation from the operating
will not result in such an expenditure, the docket, visit http:// schedule that governs the I–64 (High
we do discuss the effects of this rule www.regulations.gov/privacyNotice. Rise) Bridge across the Atlantic
elsewhere in this preamble. Documents mentioned in this Intracoastal Waterway, Southern Branch
F. Environment Temporary Interim Rule as being of the Elizabeth River, mile 7.1, at
available in this docket and all public Chesapeake, VA. The deviation is
We have analyzed this rule under comments, will be in our online docket necessary to facilitate routine
Department of Homeland Security at http://www.regulations.gov and can maintenance. This deviation allows the
Management Directive 023–01 and be viewed by following that Web site’s bridge to remain in the closed-to-
Commandant Instruction M16475.lD, instructions. Additionally, if you go to navigation position.
which guides the Coast Guard in the online docket and sign up for email DATES: This deviation is effective from
complying with the National alerts, you will be notified when
Environmental Policy Act of 1969 7 a.m. on October 2, 2017 through 11
comments are posted or a final rule is p.m. on November 22, 2017.
(NEPA) (42 U.S.C. 4321–4370f), and published.
have made a determination that this ADDRESSES: The docket for this
action is one of a category of actions List of Subjects in 33 CFR Part 117 deviation, [USCG–2017–0573] is
which do not individually or Bridges. available at http://www.regulations.gov.
cumulatively have a significant effect on Type the docket number in the
For the reasons discussed in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
the human environment. This rule preamble, the Coast Guard amends 33
simply promulgates the operating Click on Open Docket Folder on the line
CFR part 117 as follows: associated with this deviation.
regulations or procedures for
drawbridges. This action is categorically PART 117—DRAWBRIDGE FOR FURTHER INFORMATION CONTACT: If
excluded from further review, under OPERATION REGULATIONS you have questions on this temporary
figure 2–1, paragraph (32)(e), of the deviation, call or email Mr. Mickey
Instruction. ■ 1. The authority citation for part 117 Sanders, Bridge Administration Branch
We seek any comments or information continues to read as follows: Fifth District, Coast Guard; telephone
that may lead to the discovery of a Authority: 33 U.S.C. 499; 33 CFR 1.05–1; (757) 398–6587, email
significant environmental impact from Department of Homeland Security Delegation Mickey.D.Sanders2@uscg.mil.
this rule. No. 0170.1. SUPPLEMENTARY INFORMATION: The
■ 2. In § 117.897, effective from 7 p.m. Virginia Department of Transportation,
G. Protest Activities owner and operator of the I–64 (High
on September 27, 2017, through 7 p.m.
The Coast Guard respects the First on November 12, 2017, suspend Rise) Bridge across the Atlantic
Amendment rights of protesters. paragraph (c)(3)(iv) and add paragraph Intracoastal Waterway, Southern Branch
Protesters are asked to contact the (c)(3)(vi) to read as follows: of the Elizabeth River, mile 7.1, at
person listed in the FOR FURTHER Chesapeake, VA, has requested a
INFORMATION CONTACT section to § 117.897 Willamette River. temporary deviation from the current
coordinate protest activities so that your * * * * * operating schedule to accommodate
message can be received without (c) * * * annual maintenance to remove and
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jeopardizing the safety or security of (3) * * * replace the center locks and install new
people, places or vessels. (vi) Morrison Bridge, Portland, mile electrical wiring and lubrication piping.
12.8, shall operate in single leaf, and The bridge has a vertical clearance of 65
VI. Public Participation and Request for open half the draw on signal if at least feet above mean high water (MHW) in
Comments two hours notice is given. The vertical the closed position.
We view public participation as clearance of the non-functioning leaf The current operating schedule is set
essential to effective rulemaking, and will be reduced up to 10 feet. out in 33 CFR 117.997(e). Under this
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![44734 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations
temporary deviation, the bridge will be ENVIRONMENTAL PROTECTION IV. Incorporation by Reference
maintained in the closed-to-navigation AGENCY V. Statutory and Executive Order Reviews
position for four (4) separate five (5) day I. Background
periods from 7 a.m., October 2, 2017, 40 CFR Part 52
Section 110(a)(2)(C) of the Clean Air
through 11 p.m., October 6, 2017; from [EPA–R05–OAR–2016–0603; FRL–9968–22– Act (CAA) requires that each SIP
7 a.m., October 16, 2017, through 11 Region 5]
include a program to provide for the
p.m., October 20, 2017; from 7 a.m., regulation of construction and
October 30, 2017, through 11 p.m., Air Plan Approval; Minnesota;
Prevention of Significant Deterioration modification of stationary sources,
November 3, 2017; from 7 a.m., including a permit program as required
November 13, 2017, through 11.p.m., AGENCY: Environmental Protection by part C of subsection I of the CAA—
November 17, 2017. The alternate dates Agency (EPA). Prevention of Significant Deterioration
for inclement weather are from 7 a.m., ACTION: Final rule. of Air Quality. On October 4, 2016, the
October 9, 2017, through 11 p.m., Minnesota Pollution Control Agency
October 13, 2017; from 7 a.m., October SUMMARY: The Environmental Protection (MPCA) submitted a request to revise
23, 2017, through 11 p.m., October 27, Agency (EPA) is approving a revision to the Minnesota SIP to include Minn. R.
2017; from 7 a.m., November 6, 2017, the Minnesota State Implementation 7007.3000, which incorporates the
through 11 p.m., November 10, 2017; Plan (SIP) submitted on October 4, 2016. Federal PSD rules at 40 CFR 52.21 by
from 7 a.m., November 18, 2017, EPA is approving the state’s Prevention reference as the State’s SIP approved
through 11 p.m., November 22, 2017. of Significant Deterioration (PSD) rules PSD program. Further, by letter dated
The bridge will open on signal if at least which incorporate the Federal PSD rules June 1, 2017, MPCA clarified that it will
24 hours notice is given at all other by reference. not implement the provisions at 40 CFR
times. DATES: This final rule is effective on 52.21(g), (s), (t), and (u) because those
October 26, 2017. provisions reference authorities that are
The Atlantic Intracoastal Waterway,
ADDRESSES: EPA has established a retained by the EPA Administrator.
Southern Branch of the Elizabeth River EPA proposed to approve Minnesota’s
is used by a variety of vessels including docket for this action under Docket ID
No. EPA–R05–OAR–2016–0603. All PSD SIP on July 10, 2017. (82 FR 31741,
small commercial vessels, recreational July 10, 2017). EPA received comments
documents in the docket are listed on
vessels and tug and barge traffic. The on the proposed action from Guardian
the www.regulations.gov Web site.
Coast Guard has carefully coordinated Energy, LLC, and Granite Falls Energy,
Although listed in the index, some
the restrictions with waterway users in information is not publicly available, LLC. Section II of this document
publishing this temporary deviation. i.e., Confidential Business Information provides a discussion of the comments
Vessels able to pass through the (CBI) or other information whose received and EPA’s response.
bridge in the closed position may do so disclosure is restricted by statute. II. Comments Received and Response to
if at least 15 minutes notice is given. Certain other material, such as Comments
The bridge will not be able to open for copyrighted material, is not placed on
the Internet and will be publicly EPA received comments from
emergencies and there is no immediate
available only in hard copy form. Guardian Energy, LLC, and Granite Falls
alternate route for vessels unable to pass
Publicly available docket materials are Energy, LLC. The letters from the two
through the bridge in the closed
available either through commenters are identical. The first
position. The Coast Guard will also comment from both commenters
inform the users of the waterways www.regulations.gov or at the
Environmental Protection Agency, expressed support for the proposed
through our Local and Broadcast Notice action. The second comment from the
to Mariners of the change in operating Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago, two commenters is a request for EPA to
schedule for the bridge so that vessel clarify how changes in the Federal PSD
operators can arrange their transits to Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through regulations will be addressed in the
minimize any impact caused by this Minnesota SIP approved regulations.
Friday, excluding Federal holidays. We
temporary deviation. Minn. R. 7007.3000 incorporates 40 CFR
recommend that you telephone Rachel
In accordance with 33 CFR 117.35(e), Rineheart, Environmental Engineer, at 52.21 by reference, as amended. Both
the drawbridge must return to its regular (312) 886–7017 before visiting the MPCA and EPA interpret this to mean
operating schedule immediately at the Region 5 office. that any changes to 40 CFR 52.21 will
end of this effective period of this be automatically incorporated into
FOR FURTHER INFORMATION CONTACT:
temporary deviation. This deviation Minn. R. 7007.3000, and will have the
Rachel Rineheart, Environmental
from the operating regulations is same effective date as the Federal
Engineer, Air Permits Section, Air
authorized under 33 CFR 117.35. rulemaking.
Programs Branch (AR–18J),
Dated: September 21, 2017. Environmental Protection Agency, III. What action is EPA taking?
Hal R. Pitts,
Region 5, 77 West Jackson Boulevard, EPA is approving the request made by
Chicago, Illinois 60604, (312) 886–7017, MPCA on October 4, 2016, to revise the
Bridge Program Manager, Fifth Coast Guard Rineheart.rachel@epa.gov.
District. Minnesota SIP to include Minn. R.
SUPPLEMENTARY INFORMATION: 7007.3000 as the State’s SIP approved
[FR Doc. 2017–20564 Filed 9–25–17; 8:45 am]
Throughout this document whenever PSD program.
Pmangrum on DSK3GDR082PROD with RULES
BILLING CODE 9110–04–P
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information IV. Incorporation by Reference
section is arranged as follows: In this rule, EPA is finalizing
I. Background regulatory text that includes
II. Comments Received and Response to incorporation by reference. In
Comments accordance with requirements of 1 CFR
III. What action is EPA taking? 51.5, EPA is finalizing the incorporation
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Document Created: 2017-09-26 02:48:21
Document Modified: 2017-09-26 02:48:21
| 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 October 2, 2017 through 11 p.m. on November 22, 2017. | |
| Contact | If you have questions on this temporary deviation, call or email Mr. Mickey Sanders, Bridge Administration Branch Fifth District, Coast Guard; telephone (757) 398- 6587, email [email protected] | |
| FR Citation | 82 FR 44733 |
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