82_FR_9526 82 FR 9502 - Drawbridge Operation Regulation; Perquimans River, Hertford, NC

82 FR 9502 - Drawbridge Operation Regulation; Perquimans River, Hertford, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 24 (February 7, 2017)

Page Range9502-9503
FR Document2017-02457

The Coast Guard has issued a temporary deviation from the operating schedule that governs the US17 (Perquimans) Bridge across the Perquimans River, mile 12.0, at Hertford, NC. This deviation is necessary to perform a bridge deck replacement project. This deviation allows the bridge to remain in the closed-to-navigation position.

Federal Register, Volume 82 Issue 24 (Tuesday, February 7, 2017) 
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Pages 9502-9503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02457]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-1026]


Drawbridge Operation Regulation; Perquimans River, Hertford, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the US17 (Perquimans) Bridge across the 
Perquimans River, mile 12.0, at Hertford, NC. This deviation is 
necessary to perform a bridge deck replacement project. This deviation 
allows the bridge to remain in the closed-to-navigation position.

DATES: This deviation is effective without actual notice from February 
7, 2017 through 6 p.m. on March 17, 2017. For the purposes of 
enforcement, actual notice will be used from January 25, 2017 at 3:25 
p.m., until February 7, 2017.

[[Page 9503]]


ADDRESSES: The docket for this deviation, [USCG-2016-1026] 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. Hal R. Pitts, Bridge 
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6222, email [email protected].

SUPPLEMENTARY INFORMATION: The North Carolina Department of 
Transportation, that owns and operates the US17 (Perquimans) Bridge 
across the Perquimans River, mile 12.0, at Herford, NC, has requested a 
temporary deviation from the current operating regulations to perform a 
bridge deck replacement project. The bridge will be unable to balance 
during the bridge deck replacement project. As balance is required for 
safe operation of the moveable span, the bridge will not be capable of 
safe operation for the duration of the bridge deck replacement project. 
The bridge is a bascule draw bridge and has a vertical clearance in the 
closed position of 7 feet above mean high water.
    The current operating schedule is set out in 33 CFR 117.835. Under 
this temporary deviation, the bridge will remain in the closed-to-
navigation position from 8 a.m. on January 25, 2017, to 6 p.m. on March 
17, 2017.
    The Perquimans River is used by a variety of vessels including 
small public vessels, small commercial vessels, and recreational 
vessels. The Coast Guard has carefully coordinated the restrictions 
with waterway users.
    Vessels able to safely pass through the bridge in the closed 
position may do so, after receiving confirmation from the bridge tender 
that it is safe to transit through the bridge. The bridge will not be 
able to open for emergencies and there is no immediate alternate route 
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 transit 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: January 25, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2017-02457 Filed 2-6-17; 8:45 am]
 BILLING CODE 9110-04-P

9502 Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations Spring, MD 20993–0002, email: DEPARTMENT OF HOMELAND 19, 2017 and from 8 a.m. to noon, and AskCTP@fda.hhs.gov. SECURITY from 2:30 p.m. to 6:30 p.m. on January 20, 2017. Additionally, the bridge will SUPPLEMENTARY INFORMATION: On Coast Guard be allowed to remain closed to January 9, 2017, the Food and Drug navigation from 7 a.m. January 30, 2017 Administration (FDA or Agency) issued 33 CFR Part 117 through 6 p.m. on February 10, 2017. a final rule describing the circumstances The Coast Guard coordinated this in which products made or derived from [Docket No. USCG–2016–1021] closure period with the bridge owner tobacco are regulated as drugs, devices, Drawbridge Operation Regulation; St. and the waterway users. The bridge will or combination products. The rule also Johns River, Jacksonville, FL be unable to open for emergencies; the amended the ‘‘intended use’’ regulations small boat span can be used as an found at 21 CFR 201.128 and 801.4. The AGENCY: Coast Guard, DHS. alternate route for vessels unable to pass rule was published with an effective ACTION:Notice of deviation from through the bridge while in the closed- date of February 8, 2017. drawbridge regulation. to-navigation position. The Coast Guard FDA bases this action on the will also inform the users of the SUMMARY: The Coast Guard has issued a waterways through Local and Broadcast memorandum of January 20, 2017 (82 temporary deviation from the operating FR 8346), from the Assistant to the Notices to Mariners of the change in schedule that governs the Florida East operating schedule for the bridge to President and Chief of Staff, entitled Coast Railway Bridge, St. Johns River, ensure vessel operators can arrange their ‘‘Regulatory Freeze Pending Review.’’ mile 24.9, at Jacksonville, FL. The transits to minimize any impact caused That memorandum directed the heads deviation is necessary to perform major by the temporary deviation. of Executive Departments and Agencies bridge repairs. This deviation allows the In accordance with 33 CFR 117.35(e), to temporarily postpone for 60 days bridge to remain in the closed-to- the drawbridge must return to its regular from the date of the memorandum the navigation position. operating schedule immediately at the effective dates of all regulations that had DATES: This deviation is effective from end of the effective period of this been published in the Federal Register 7 a.m. on January 11, 2017 to 6 p.m. on temporary deviation. This deviation but had not yet taken effect, for the February 10, 2017. from the operating regulations is purpose of ‘‘reviewing questions of fact, ADDRESSES: The docket for this authorized under 33 CFR 117.35. law, and policy they raise.’’ FDA, deviation, [USCG–2016–1021] is Dated: 18 January 2017. therefore, is delaying the effective date available at http://www.regulations.gov. Barry Dragon, of the rule that published on January 9, Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Director, Bridge Branch, Seventh Coast Guard 2017 (82 FR 2193), to March 21, 2017. District. To the extent that 5 U.S.C. 553 applies Click on Open Docket Folder on the line [FR Doc. 2017–02456 Filed 2–6–17; 8:45 am] to this action, it is exempt from notice associated with this deviation. BILLING CODE 9110–04–P and comment because it constitutes a FOR FURTHER INFORMATION CONTACT: If rule of procedure under 5 U.S.C. you have questions on this temporary 553(b)(A). Alternatively, the Agency’s deviation, call or email Mr. Rod Elkins, DEPARTMENT OF HOMELAND implementation of this action without Seventh Coast Guard District, Bridge SECURITY opportunity for public comment, Branch; telephone 305–415–6989, email Rodney.j.elkins@uscg.mil. Coast Guard effective immediately upon publication today in the Federal Register, is based SUPPLEMENTARY INFORMATION: Florida on the good cause exceptions in 5 U.S.C. East Coast Railway requested a 33 CFR Part 117 553(b)(B) and (d)(3). Seeking public temporary deviation from the operating [Docket No. USCG–2016–1026] schedule that governs the Florida East comment is impracticable, unnecessary, Coast Railway Bridge, St. Johns River, Drawbridge Operation Regulation; and contrary to the public interest. The mile 24.9, Jacksonville, FL. The bridge Perquimans River, Hertford, NC delay in the effective date until March is a single leaf bascule railway bridge 21, 2017, is necessary to give Agency with a five foot vertical clearance in the AGENCY: Coast Guard, DHS. officials the opportunity for further closed position. The deviation is ACTION:Notice of deviation from review and consideration of the new necessary to perform major bridge drawbridge regulation. regulation, consistent with the repairs. The normal operating schedule memorandum described previously. for the bridge is found in 33 CFR SUMMARY: The Coast Guard has issued a Given the imminence of the effective 117.325 which indicates that the draw temporary deviation from the operating date and the brief length of the is normally in the fully open position, schedule that governs the US17 extension of the effective date, seeking displaying flashing green lights to (Perquimans) Bridge across the prior public comment on this delay indicate that vessels may pass. Perquimans River, mile 12.0, at would have been impracticable, as well The deviation period is from 7 a.m. on Hertford, NC. This deviation is as contrary to the public interest in the January 11, 2017 to 6 p.m. on February necessary to perform a bridge deck orderly issue and implementation of 10, 2017. During this period, the bridge replacement project. This deviation regulations. is allowed to remain closed to allows the bridge to remain in the navigation from 7 a.m. to 11 a.m., and closed-to-navigation position. Dated: February 2, 2017. mstockstill on DSK3G9T082PROD with RULES from 1 p.m. to 5 p.m. on January 11, DATES: This deviation is effective Leslie Kux, 2017 from 7 a.m. to noon and from 2 without actual notice from February 7, Associate Commissioner for Policy. p.m. to 5 p.m. on January 12, 2017 from 2017 through 6 p.m. on March 17, 2017. [FR Doc. 2017–02485 Filed 2–6–17; 8:45 am] 8 a.m. to noon, and from 2:30 p.m. to For the purposes of enforcement, actual BILLING CODE 4164–01–P 6:30 p.m. on January 13, 2017 from 7 notice will be used from January 25, a.m. to 11 a.m., and from 1 p.m. to 5 2017 at 3:25 p.m., until February 7, p.m. on January 18, 2017 and January 2017. VerDate Sep<11>2014 18:06 Feb 06, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\07FER1.SGM 07FER1

Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Rules and Regulations 9503 ADDRESSES: The docket for this Dated: January 25, 2017. NPRM Notice of proposed rulemaking deviation, [USCG–2016–1026] is Hal R. Pitts, Pub. L. Public Law available at http://www.regulations.gov. § Section Bridge Program Manager, Fifth Coast Guard Type the docket number in the U.S.C. United States Code District. ‘‘SEARCH’’ box and click ‘‘SEARCH’’. [FR Doc. 2017–02457 Filed 2–6–17; 8:45 am] II. Background Information and Click on Open Docket Folder on the line BILLING CODE 9110–04–P Regulatory History associated with this deviation. On October 24, 2016, the Coast Guard FOR FURTHER INFORMATION CONTACT: If received a report of discovered DEPARTMENT OF HOMELAND ordnance at two locations in the vicinity you have questions on this temporary SECURITY of American Shoal Light, near Sugarloaf deviation, call or email Mr. Hal R. Pitts, Bridge Administration Branch Fifth Coast Guard Key, Florida. The United States Navy is District, Coast Guard, telephone 757– now engaged in operations to survey 398–6222, email Hal.R.Pitts@uscg.mil. 33 CFR Part 165 and remove any hazards associated with the recently discovered ordnance. SUPPLEMENTARY INFORMATION: The North [Docket Number USCG–2016–0986] The Coast Guard is issuing this Carolina Department of Transportation, RIN 1625–AA00 temporary final rule without prior that owns and operates the US17 notice and opportunity to comment (Perquimans) Bridge across the Safety Zone; Ordnance Locations, pursuant to authority under section 4(a) Perquimans River, mile 12.0, at Herford, Near Sugarloaf Key, FL of the Administrative Procedure Act NC, has requested a temporary deviation (APA) (5 U.S.C. 553(b)). This provision from the current operating regulations to AGENCY: Coast Guard, DHS. authorizes an agency to issue a rule perform a bridge deck replacement ACTION: Interim temporary final rule and without prior notice and opportunity to project. The bridge will be unable to request for comments. comment when the agency for good balance during the bridge deck SUMMARY: The Coast Guard is cause finds that those procedures are replacement project. As balance is establishing a temporary safety zone in ‘‘impracticable, unnecessary, or contrary required for safe operation of the the waters of the Florida Keys, near to the public interest.’’ Under 5 U.S.C. moveable span, the bridge will not be Sugarloaf Key, Florida. The safety zone 553(b)(B), the Coast Guard finds that capable of safe operation for the is needed to protect safety of life, good cause exists for not publishing a duration of the bridge deck replacement vessels, and the marine environment notice of proposed rulemaking (NPRM) project. The bridge is a bascule draw from potential hazards from recently with respect to this rule because the bridge and has a vertical clearance in discovered ordnance in two locations Coast Guard did not receive notice of the closed position of 7 feet above mean within the vicinity of American Shoal the unexploded ordnance operations high water. Light. Entry of vessels or persons into until October 24, 2016. Publishing a The current operating schedule is set NPRM and delaying its effective date out in 33 CFR 117.835. Under this this zone is prohibited unless specifically authorized by the Captain of would be impracticable and contrary to temporary deviation, the bridge will public interest because immediate remain in the closed-to-navigation the Port (COTP) Key West or a designated representative. actions is needed to protect the United position from 8 a.m. on January 25, States Navy divers, other vessels, and 2017, to 6 p.m. on March 17, 2017. DATES: This rule is effective without mariners from the hazards associated actual notice from February 7, 2017 with the recovery of unexploded The Perquimans River is used by a until July 1, 2017. For the purposes of ordnance from the navigable waters of variety of vessels including small public enforcement, actual notice will be used the Florida Keys, near Sugarloaf Key, vessels, small commercial vessels, and from January 17, 2017 until February 7, Florida. recreational vessels. The Coast Guard 2017. Under 5 U.S.C. 553(d)(3), the Coast has carefully coordinated the Comments and related material must restrictions with waterway users. Guard finds that good cause exists for be received by the Coast Guard on or making this rule effective less than 30 Vessels able to safely pass through the before March 9, 2017. days after publication in the Federal bridge in the closed position may do so, ADDRESSES: To view documents Register for the same reasons discussed after receiving confirmation from the mentioned in this preamble as being above. bridge tender that it is safe to transit available in the docket, go to http:// through the bridge. The bridge will not www.regulations.gov, type USCG–2016– III. Legal Authority and Need for Rule be able to open for emergencies and 0986 in the ‘‘SEARCH’’ box and click The Coast Guard is issuing this rule there is no immediate alternate route for ‘‘SEARCH.’’ Click on Open Docket under authority in 33 U.S.C. 1231. The vessels to pass. The Coast Guard will Folder on the line associated with this COTP Key West, FL, has determined also inform the users of the waterways rule. that potential hazards associated with through our Local and Broadcast FOR FURTHER INFORMATION CONTACT: If detonating ordnance will be a safety Notices to Mariners of the change in you have questions on this rule, call or concern for anyone within a 200-yard operating schedule for the bridge so that email Lieutenant Scott Ledee, radius of positions 24°32.511′ N., vessel operators can arrange their transit Waterways Management Division Chief, 081°29.051′ W. and 24°32.501′ N., to minimize any impact caused by the Sector Key West, FL. Coast Guard; 081°32.781′ W. This rule is needed to temporary deviation. telephone 305–292–8768, email protect safety of life, vessels, and the mstockstill on DSK3G9T082PROD with RULES In accordance with 33 CFR 117.35(e), Scott.G.Ledee@uscg.mil. marine environment in the navigable the drawbridge must return to its regular SUPPLEMENTARY INFORMATION: waters within the safety zone. operating schedule immediately at the end of the effective period of this I. Table of Abbreviations IV. Discussion of the Interim temporary deviation. This deviation Temporary Final Rule CFR Code of Federal Regulations from the operating regulations is DHS Department of Homeland Security This rule establishes a safety zone authorized under 33 CFR 117.35. FR Federal Register immediately until the earlier of July 1, VerDate Sep<11>2014 18:06 Feb 06, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\07FER1.SGM 07FER1


Document Created: 2017-02-07 00:27:41
Document Modified: 2017-02-07 00:27:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of deviation from drawbridge regulation.
DatesThis deviation is effective without actual notice from February 7, 2017 through 6 p.m. on March 17, 2017. For the purposes of enforcement, actual notice will be used from January 25, 2017 at 3:25 p.m., until February 7, 2017.
ContactIf you have questions on this temporary deviation, call or email Mr. Hal R. Pitts, Bridge Administration Branch Fifth District, Coast Guard, telephone 757-398- 6222, email [email protected]
FR Citation82 FR 9502 
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