82 FR 47112 - Drawbridge Operation Regulation; Sacramento River, Sacramento, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 195 (October 11, 2017)
Coast Guard
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47112-47113 | |
| FR Document | 2017-21924 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Rules and Regulations] [Pages 47112-47113] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21924] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0963] Drawbridge Operation Regulation; Sacramento River, Sacramento, CA AGENCY: Coast Guard, DHS. [[Page 47113]] ACTION: Notice of deviation from drawbridge regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Walk Against Breast Cancer event. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. DATES: This deviation is effective from 8 a.m. through 11 a.m. on October 22, 2017. ADDRESSES: The docket for this deviation, USCG-2017-0963, 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 Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516; email [email protected]. SUPPLEMENTARY INFORMATION: The California Department of Transportation has requested a temporary change to the operation of the Tower Drawbridge over the Sacramento River, mile 59.0, at Sacramento, CA. The drawbridge navigation span provides a vertical clearance of 30 feet above Mean High Water in the closed-to-navigation position. The draw operates as required by 33 CFR 117.189(a). Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 8 a.m. through 11 a.m. on October 22, 2017, to allow the community to participate in the Walk Against Breast Cancer event. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. Vessels able to pass through the bridge in the closed position may do so at any time. In the event of an emergency the draw can open on signal if at least one hour notice is given to the bridge operator. There are no immediate alternate routes for vessels to pass. The Coast Guard will also inform the users of the waterway 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: October 5, 2017. Carl T. Hausner, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2017-21924 Filed 10-10-17; 8:45 am] BILLING CODE 9110-04-P
![47112 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations
§ 23.46 Compliance procedures. financial assistance from Treasury does § 23.50 Exhaustion of administrative
(a) Treasury may enforce the Act and not include increases in funding as a remedies.
these regulations through: result of changed computation of (a) A complainant may file a civil
(1) Termination of a recipient’s formula awards or assistance approved action following the exhaustion of
Federal financial assistance from prior to the beginning of a hearing under administrative remedies under the Act.
Treasury under the program or activity paragraph (a)(1) of this section. Administrative remedies are exhausted
involved where the recipient has (2) Treasury will not begin a deferral if:
violated the Act or these regulations. until the recipient has received a notice (1) 180 days have elapsed since the
The determination of the recipient’s of an opportunity for a hearing under complainant filed the complaint and
violation may be made only after a paragraph (a)(1) of this section. Treasury Treasury has made no finding with
recipient has had an opportunity for a will not continue a deferral for more regard to the complainant; or
hearing on the record before an than 60 days unless a hearing has begun (2) Treasury issues any finding in
administrative law judge. favor of the recipient.
within that time or the time for
(2) Any other means authorized by (b) If Treasury fails to make a finding
beginning the hearing has been
law, including but not limited to: within 180 days or issues a finding in
extended by mutual consent of the favor of the recipient, Treasury shall:
(i) Referral to the Department of recipient and the Secretary. Treasury
Justice for proceedings to enforce any (1) Promptly advise the complainant
will not continue a deferral for more of this fact; and
rights of the United States or obligations than 30 days after the close of the
of the recipient created by the Act or (2) Advise the complainant of his or
hearing, unless the hearing results in a her right to bring a civil action for
these regulations; finding against the recipient.
(ii) Referral to the Equal Employment injunctive relief; and
Opportunity Commission, Department (3) Treasury will limit any deferral to (3) Inform the complainant:
the particular recipient and particular (i) That the complainant may bring a
of Labor, the Department of Health and
program or activity or part of such civil action only in a United States
Human Services, or the Department of
program or activity Treasury finds in district court for the district in which
Education, as applicable; and
(iii) Use of any requirement of or violation of these regulations. Treasury the recipient is found or transacts
referral to any Federal, State, or local will not base any part of a deferral on business;
a finding with respect to any program or (ii) That a complainant prevailing in
government agency that will have the
activity of the recipient that does not, a civil action has the right to be awarded
effect of correcting a violation of the Act
and would not in connection with the the costs of the action, including
or these regulations.
(b) Treasury will limit any new funds, receive Federal financial reasonable attorney’s fee, but that the
termination under paragraph (a)(1) of assistance from Treasury. complainant must demand these costs
this section to the particular recipient in the complaint.
§ 23.47 Hearings, decisions, post- (iii) That before commencing the
and particular program or activity or termination proceedings. action the complainant shall give 30
part of such program or activity
Treasury procedural provisions for days notice by registered mail to the
Treasury finds in violation of these
hearings, decisions, and post- Secretary, the Secretary of HHS, the
regulations. Treasury will not base any
termination proceedings applicable to Attorney General of the United States,
part of a termination on a finding with
Title VI of the Civil Rights Act of 1964 and the recipient.
respect to any program or activity of the (iv) That the notice must state: The
and its implementing regulations within
recipient that does not receive Federal alleged violation of the Act; the relief
Title 31 of the CFR shall apply to
financial assistance from Treasury. requested; the court in which the
(c) Treasury will take no action under Treasury enforcement of these
regulations. complainant is bringing the action; and
paragraph (a) of this section until:
(1) The Secretary has advised the whether or not attorney’s fees are
§ 23.48 Remedial action by recipient. demanded in the event the complainant
recipient of its failure to comply with
the Act and these regulations and has Where Treasury finds a recipient has prevails; and
discriminated on the basis of age in (v) That the complainant may not
determined that voluntary compliance
violation of the Act or this part, the bring an action if the same alleged
cannot be obtained.
(2) Thirty days have elapsed after the recipient shall take any remedial action violation of the Act by the same
Secretary has sent a written report of the that Treasury may require to overcome recipient is the subject of a pending
circumstances and grounds of the action the effects of the discrimination. action in any court of the United States.
to the committees of Congress having § 23.49 Alternate funds disbursal Kody H. Kinsley,
legislative jurisdiction over the Federal procedure. Assistant Secretary for Management.
program or activity involved. The [FR Doc. 2017–21905 Filed 10–10–17; 8:45 am]
(a) When Treasury withholds funds
Secretary will file a report whenever
from a recipient under these regulations, BILLING CODE 4810–25–P
any action is taken under paragraph (a)
the Secretary may disburse the withheld
of this section.
(d) Treasury also may defer granting funds directly to an alternate recipient,
where appropriate: Any public or non- DEPARTMENT OF HOMELAND
new Federal financial assistance to a SECURITY
recipient when a hearing under profit private organization or agency, or
paragraph (a)(1) of this section is State or political subdivision of the
State. Coast Guard
initiated.
(1) New Federal financial assistance (b) The Secretary will require any
ethrower on DSK3G9T082PROD with RULES
33 CFR Part 117
from Treasury includes all assistance for alternate recipient to demonstrate:
which Treasury requires an application (1) The ability to comply with these [Docket No. USCG–2017–0963]
or approval, including renewal or regulations; and
Drawbridge Operation Regulation;
continuation of existing activities, or (2) The ability to achieve the goals of
Sacramento River, Sacramento, CA
authorization of new activities, during the Federal statute authorizing the
the deferral period. New Federal Federal financial assistance. AGENCY: Coast Guard, DHS.
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![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Rules and Regulations 47113
ACTION:Notice of deviation from In accordance with 33 CFR 117.35(e), comments. To view documents
drawbridge regulation. the drawbridge must return to its regular mentioned in this preamble as being
operating schedule immediately at the available in the docket, go to http://
SUMMARY: The Coast Guard has issued a end of the effective period of this www.regulations.gov, type USCG–2017–
temporary deviation from the operating temporary deviation. This deviation 0801 in the ‘‘SEARCH’’ box and click
schedule that governs the Tower from the operating regulations is ‘‘SEARCH.’’ Click on Open Docket
Drawbridge across the Sacramento authorized under 33 CFR 117.35. Folder on the line associated with this
River, mile 59.0, at Sacramento, CA. The Dated: October 5, 2017. rule.
deviation is necessary to allow the FOR FURTHER INFORMATION CONTACT:
Carl T. Hausner,
community to participate in the Walk Lieutenant Justin Heck, Sector
District Bridge Chief, Eleventh Coast Guard
Against Breast Cancer event. This District. Charleston Office of Waterways
deviation allows the bridge to remain in Management, Coast Guard; telephone
[FR Doc. 2017–21924 Filed 10–10–17; 8:45 am]
the closed-to-navigation position during (843) 740–3184, email Justin.C.Heck@
BILLING CODE 9110–04–P
the deviation period. uscg.mil.
DATES: This deviation is effective from SUPPLEMENTARY INFORMATION:
8 a.m. through 11 a.m. on October 22, DEPARTMENT OF HOMELAND
2017. SECURITY I. Table of Abbreviations
ADDRESSES: The docket for this CFR Code of Federal Regulations
deviation, USCG–2017–0963, is Coast Guard DHS Department of Homeland Security
available at http://www.regulations.gov. FR Federal Register
Type the docket number in the 33 CFR Part 165 NPRM Notice of proposed rulemaking
§ Section
‘‘SEARCH’’ box and click ‘‘SEARCH.’’ [Docket Number USCG–2017–0801] U.S.C. United States Code
Click on Open Docket Folder on the line RIN 1625–AA00 OMB Office of Management and Budget
associated with this deviation.
II. Background Information and
FOR FURTHER INFORMATION CONTACT: If Safety Zone; Atlantic Intracoastal
Regulatory History
you have questions on this temporary Waterway, Socastee, SC
deviation, call or email Carl T. Hausner, The Coast Guard is issuing this
AGENCY: Coast Guard, DHS. temporary rule without prior notice and
Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510–437– ACTION:Temporary interim rule; request opportunity to comment pursuant to
3516; email Carl.T.Hausner@uscg.mil. for comments. authority under section 4(a) of the
Administrative Procedure Act (APA)
SUPPLEMENTARY INFORMATION: The SUMMARY: The Coast Guard is
(5 U.S.C. 553(b)). This provision
California Department of Transportation establishing an intermittent safety zone
authorizes an agency to issue a rule
has requested a temporary change to the related to ongoing construction of South
without prior notice and opportunity to
operation of the Tower Drawbridge over Carolina Highway 31 (SC–31) Bridge
comment when the agency for good
the Sacramento River, mile 59.0, at located in Socastee, SC on the Atlantic
cause finds that those procedures are
Sacramento, CA. The drawbridge Intracoastal Waterway at mile marker
‘‘impracticable, unnecessary, or contrary
navigation span provides a vertical 372.3. The temporary safety zone will be
to the public interest.’’ Under 5 U.S.C.
clearance of 30 feet above Mean High set one day per week during overhead
553(b)(B), the Coast Guard finds that
Water in the closed-to-navigation construction operations. The safety zone
good cause exists for not publishing a
position. The draw operates as required is needed to ensure the safety of
notice of proposed rulemaking (NPRM)
by 33 CFR 117.189(a). Navigation on the persons, vessels, and the marine
with respect to this rule because
waterway is commercial and environment from potential hazards
immediate action is needed to respond
recreational. created by the bridge construction.
to the potential safety hazards
The drawspan will be secured in the Details for specific dates and times will
associated with bridge construction
closed-to-navigation position from 8 be relayed via Sector Charleston Marine
operations that are scheduled to begin
a.m. through 11 a.m. on October 22, Safety Information Bulletin and Seventh
on October 16, 2017. The Coast Guard
2017, to allow the community to District Local Notice Mariners. Entry of
was initially notified of the need for a
participate in the Walk Against Breast vessels or persons into these zones is
safety zone on August 8, 2017.
Cancer event. This temporary deviation prohibited unless specifically
Hurricane Irma impacted the timeline
has been coordinated with the waterway authorized by the Captain of the Port
for commencement of the project and
users. No objections to the proposed Charleston or a designated
the Coast Guard received updated plans
temporary deviation were raised. representative. We invite your
for the construction operations on
Vessels able to pass through the bridge comments on this rulemaking.
September 18, 2017. Therefore,
in the closed position may do so at any DATES: This rule is effective from
publishing an NPRM is impracticable
time. In the event of an emergency the October 11, 2017 until March 19, 2018. and contrary to public interest.
draw can open on signal if at least one Comments and related materials must Under 5 U.S.C. 553(d)(3), and for the
hour notice is given to the bridge be received by the Coast Guard on or same reasons stated above, the Coast
operator. There are no immediate before November 13, 2017. Guard finds that good cause exists for
alternate routes for vessels to pass. The ADDRESSES: You may submit comments making this rule effective less than 30
Coast Guard will also inform the users identified by docket number USCG– days after publication in the Federal
of the waterway through our Local and
ethrower on DSK3G9T082PROD with RULES
2017–0801 using the Federal Register.
Broadcast Notices to Mariners of the eRulemaking Portal at http://
change in operating schedule for the www.regulations.gov. See the ‘‘Public III. Public Participation and Request for
bridge so that vessel operators can Participation and Request for Comments
arrange their transits to minimize any Comments’’ portion of the We view public participation as
impact caused by the temporary SUPPLEMENTARY INFORMATION section for essential to effective rulemaking, and
deviation. further instructions on submitting will consider all comments and material
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Document Created: 2018-10-25 09:57:43
Document Modified: 2018-10-25 09:57:43
| 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 8 a.m. through 11 a.m. on October 22, 2017. | |
| Contact | If you have questions on this temporary deviation, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516; email [email protected] | |
| FR Citation | 82 FR 47112 |
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