83_FR_49470 83 FR 49280 - Drawbridge Operation Regulation; Swinomish Channel, Whitmarsh, WA

83 FR 49280 - Drawbridge Operation Regulation; Swinomish Channel, Whitmarsh, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 190 (October 1, 2018)

Page Range49280-49281
FR Document2018-21254

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe Railroad Company (BNSF) Railroad Swing Span Drawbridge 7.6 (Bridge 7.6) across Swinomish Channel, mile 8.4, near Whitmarsh, WA. This deviation is necessary to accommodate replacement of the bridge deck ties and installation of new rail joints. The deviation allows the bridge to remain in the closed-to-navigation position.

Federal Register, Volume 83 Issue 190 (Monday, October 1, 2018) 
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Rules and Regulations]
[Pages 49280-49281]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21254]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0852]


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 Burlington Northern Santa Fe 
Railroad Company (BNSF) Railroad Swing Span Drawbridge 7.6 (Bridge 7.6) 
across Swinomish Channel, mile 8.4, near Whitmarsh, WA. This deviation 
is necessary to accommodate replacement of the bridge deck ties and 
installation of new rail joints. The deviation allows the bridge to 
remain in the closed-to-navigation position.

DATES: This deviation is effective without actual notice from October 
1, 2018 through 3 p.m. on October 5, 2018. For the purposes of 
enforcement, actual notice will be used from 7 a.m. on September 23, 
2018, until October 1, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0852 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 d13-pf-d13bridges@uscg.mil.

SUPPLEMENTARY INFORMATION: BNSF (bridge owner) has requested for Bridge 
7.6 be allowed to close the span, and need not open to marine traffic 
to replace bridge deck ties and install new rail joints. BNSF's Bridge 
7.6 crosses the Swinomish channel, mile 8.4, near Whitmarsh, WA. The 
subject bridge provides 8 feet of vertical clearance in the closed-to-
navigation position, and 100 feet of horizontal clearance in the open-
to-navigation position. Bridge 7.6 provides unlimited vertical 
clearance in the open-to-navigation position. Vertical and horizontal 
clearances are referenced to mean high-water elevation.
    BNSF work requires the swing span to be in the closed-to-navigation 
position. The deviation period allows the subject bridge to be in the 
closed-to-navigation position from 7 a.m. on September 23, 2018 to 3 
p.m. on October 05, 2018. During the closure times, the swing span may 
be opened if at least a two hour notice has been given to the bridge 
operator. The span will open for emergencies and tribal fishing vessels 
with a one hour notice to the bridge operator. The deviation period and 
span operation is described in the table below:

------------------------------------------------------------------------
       Start time/date            End time/date            Action
------------------------------------------------------------------------
7 a.m. Sep 23, 18...........  11 p.m. Sep 23, 18..  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Sep 24, 18...........  3 p.m. Sep, 24, 18..  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Sep 25, 18...........  3 p.m. Sep 25, 18...  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Sep 26, 18...........  3 p.m. Sep 26, 18...  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Sep 27, 18...........  3 p.m. Sep 27, 18...  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Sep 28, 18...........  3 p.m. Sep 28, 18...  Span in the closed-
                                                     to-navigation
                                                     position.
7 a.m. Sep 30, 18...........  11 p.m. Sep 30, 18..  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Oct 01, 18...........  3 p.m. Oct 01, 18...  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Oct 02, 18...........  3 p.m. Oct 02, 18...  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Oct 03, 18...........  3 p.m. Oct 03, 18...  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Oct 04, 18...........  3 p.m. Oct 04, 18...  Span in the closed-
                                                     to-navigation
                                                     position.
9 a.m. Oct 05, 18...........  3 p.m. Oct 05, 18...  Span in the closed-
                                                     to-navigation
                                                     position.
------------------------------------------------------------------------

    Bridge 7.6 normally operates in accordance with 33 CFR 117.5, and 
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. 
BNSF coordinated with tribal leaders to open Bridge 7.6 during the 
closure period herein to tribal fishing vessels with an hour notice. 
BNSF also coordinated with marinas on Swinomish Channel to open the 
subject bridge, with at least a two hour notice, during the closure 
period herein.
    Vessels able to pass through the subject bridge in the closed-to-
navigation position may do so at any time. An alternate route is via 
the southern Swinomish Channel using Skagit Bay. 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

[[Page 49281]]

from the operating regulations is authorized under 33 CFR 117.35.

    Dated: September 24, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2018-21254 Filed 9-28-18; 8:45 am]
 BILLING CODE 9110-04-P

49280 Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations commercial tug and barge to small DEPARTMENT OF HOMELAND Docket Folder on the line associated pleasure craft. Vessels able to pass SECURITY with this deviation. under the subject bridge in the closed- FOR FURTHER INFORMATION CONTACT: If to-navigation position may do so at any Coast Guard you have questions on this temporary time. The subject bridge will not be able deviation, call or email Mr. Steven to open for vessels engaged in 33 CFR Part 117 Fischer, Bridge Administrator, emergency response during the closure [Docket No. USCG–2018–0852] Thirteenth Coast Guard District; period. An alternate route for vessels to telephone 206–220–7282, email d13-pf- pass is available through Ebey Slough Drawbridge Operation Regulation; d13bridges@uscg.mil. and Union Slough near the entrance of Swinomish Channel, Whitmarsh, WA SUPPLEMENTARY INFORMATION: BNSF Steamboat Slough at high tide. The (bridge owner) has requested for Bridge AGENCY: Coast Guard, DHS. Coast Guard will also inform the users 7.6 be allowed to close the span, and of the waterways through our Local and ACTION:Notice of deviation from need not open to marine traffic to Broadcast Notices to Mariners of the drawbridge regulation. replace bridge deck ties and install new change in operating schedule for the SUMMARY: The Coast Guard has issued a rail joints. BNSF’s Bridge 7.6 crosses the bridges so that vessels can arrange their temporary deviation from the operating Swinomish channel, mile 8.4, near transits to minimize any impact caused schedule that governs the Burlington Whitmarsh, WA. The subject bridge by the temporary deviation. Northern Santa Fe Railroad Company provides 8 feet of vertical clearance in (BNSF) Railroad Swing Span the closed-to-navigation position, and In accordance with 33 CFR 117.35(e), 100 feet of horizontal clearance in the the drawbridge must return to the Drawbridge 7.6 (Bridge 7.6) across Swinomish Channel, mile 8.4, near open-to-navigation position. Bridge 7.6 regular operating schedule immediately provides unlimited vertical clearance in at the end of the effective period of this Whitmarsh, WA. This deviation is necessary to accommodate replacement the open-to-navigation position. Vertical temporary deviation. This deviation and horizontal clearances are referenced from the operating regulations is of the bridge deck ties and installation of new rail joints. The deviation allows to mean high-water elevation. authorized under 33 CFR 117.35. BNSF work requires the swing span to the bridge to remain in the closed-to- Dated: September 25, 2018. navigation position. be in the closed-to-navigation position. Steven M. Fischer, The deviation period allows the subject DATES: This deviation is effective bridge to be in the closed-to-navigation Bridge Administrator, Thirteenth Coast Guard without actual notice from October 1, position from 7 a.m. on September 23, District. 2018 through 3 p.m. on October 5, 2018. 2018 to 3 p.m. on October 05, 2018. [FR Doc. 2018–21309 Filed 9–28–18; 8:45 am] For the purposes of enforcement, actual During the closure times, the swing BILLING CODE 9110–04–P notice will be used from 7 a.m. on span may be opened if at least a two September 23, 2018, until October 1, hour notice has been given to the bridge 2018. operator. The span will open for ADDRESSES: The docket for this emergencies and tribal fishing vessels deviation, USCG–2018–0852 is available with a one hour notice to the bridge at http://www.regulations.gov. Type the operator. The deviation period and span docket number in the ‘‘SEARCH’’ box operation is described in the table and click ‘‘SEARCH.’’ Click on Open below: Start time/date End time/date Action 7 a.m. Sep 23, 18 .............................................. 11 p.m. Sep 23, 18 .......................................... Span in the closed-to-navigation position. 9 a.m. Sep 24, 18 .............................................. 3 p.m. Sep, 24, 18 ........................................... Span in the closed-to-navigation position. 9 a.m. Sep 25, 18 .............................................. 3 p.m. Sep 25, 18 ............................................ Span in the closed-to-navigation position. 9 a.m. Sep 26, 18 .............................................. 3 p.m. Sep 26, 18 ............................................ Span in the closed-to-navigation position. 9 a.m. Sep 27, 18 .............................................. 3 p.m. Sep 27, 18 ............................................ Span in the closed-to-navigation position. 9 a.m. Sep 28, 18 .............................................. 3 p.m. Sep 28, 18 ............................................ Span in the closed-to-navigation position. 7 a.m. Sep 30, 18 .............................................. 11 p.m. Sep 30, 18 .......................................... Span in the closed-to-navigation position. 9 a.m. Oct 01, 18 ............................................... 3 p.m. Oct 01, 18 ............................................. Span in the closed-to-navigation position. 9 a.m. Oct 02, 18 ............................................... 3 p.m. Oct 02, 18 ............................................. Span in the closed-to-navigation position. 9 a.m. Oct 03, 18 ............................................... 3 p.m. Oct 03, 18 ............................................. Span in the closed-to-navigation position. 9 a.m. Oct 04, 18 ............................................... 3 p.m. Oct 04, 18 ............................................. Span in the closed-to-navigation position. 9 a.m. Oct 05, 18 ............................................... 3 p.m. Oct 05, 18 ............................................. Span in the closed-to-navigation position. Bridge 7.6 normally operates in fishing vessels with an hour notice. through our Local and Broadcast accordance with 33 CFR 117.5, and is BNSF also coordinated with marinas on Notices to Mariners of the change in normally maintained in the open-to- Swinomish Channel to open the subject operating schedule for the bridge so that navigation position. The bridge shall bridge, with at least a two hour notice, vessels can arrange their transits to operate in accordance to 33 CFR 117.5 during the closure period herein. minimize any impact caused by the at all other times. Waterway usage on Vessels able to pass through the amozie on DSK3GDR082PROD with RULES temporary deviation. the Swinomish Channel includes subject bridge in the closed-to- commercial tugs and barges, U.S. Coast navigation position may do so at any In accordance with 33 CFR 117.35(e), Guard vessels, and large to small time. An alternate route is via the the drawbridge must return to its regular pleasure craft. BNSF coordinated with southern Swinomish Channel using operating schedule immediately at the tribal leaders to open Bridge 7.6 during Skagit Bay. The Coast Guard will also end of the effective period of this the closure period herein to tribal inform the users of the waterways temporary deviation. This deviation VerDate Sep<11>2014 16:43 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1

Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Rules and Regulations 49281 from the operating regulations is U.S.C. United States Code vessels transiting nearby, from the authorized under 33 CFR 117.35. II. Background Information and potential hazards associated with these Dated: September 24, 2018. Regulatory History operations. Steven M. Fischer, After Hurricane Florence passed over III. Legal Authority and Need for Rule Bridge Administrator, Thirteenth Coast Guard the Cape Fear River, the National The Coast Guard is issuing this rule District. Oceanic and Atmospheric under authority in 33 U.S.C. 1231. The [FR Doc. 2018–21254 Filed 9–28–18; 8:45 am] Administration and U.S. Army Corps of Captain of the Port North Carolina BILLING CODE 9110–04–P Engineers conducted surveys of the (COTP) has determined that potential navigable channel to identify hazards associated with salvage obstructions that may have collected on operations starting on or about DEPARTMENT OF HOMELAND the river bottom and pose risks to September 26, 2018, will be a safety SECURITY shipping traffic. The surveys identified concern when anyone approaches a number of potential obstructions that within 100 yards of salvage vessels and Coast Guard require further investigation and divers. This rule is needed to protect possible removal. Operations are personnel and vessels in the navigable 33 CFR Part 165 scheduled to begin on September 26, waters within and transiting near the [Docket Number USCG–2018–0920] 2018. These operations involve diving safety zone. in murky water with strong currents, RIN 1625–AA00 IV. Discussion of the Rule using heavy-lift equipment on floating Safety Zone; Cape Fear River, platforms, and other inherently risky This rule establishes a moving safety Wilmington, NC activities that require strict safety zone that protects vessels and affiliated procedures. Vessels that pass too close divers engaged in post-Hurricane AGENCY: Coast Guard, DHS. or too quickly increase the risk of these Florence salvage operations on the ACTION: Temporary final rule. operations. To mitigate such risks, the navigable waters of the Cape Fear River. COTP is establishing a safety zone The safety zone includes all navigable SUMMARY: The Coast Guard is around the vessels conducting diving waters within 100 yards of vessels establishing a temporary safety zone on and salvage operations. This safety zone actively engaged in salvage and dive the navigable waters of the Cape Fear will move with the vessels as they support vessels being used to conduct River to minimize risks caused by transit the river to investigate and salvage operations on the Cape Fear vessels transiting near vessels and remove obstructions. River. No vessel or person will be divers conducting post-Hurricane The Coast Guard is issuing this permitted to enter the safety zone Florence recovery operations. Entry of temporary rule without prior notice and without obtaining permission from the vessels or persons into this zone is opportunity to comment pursuant to COTP or a designated representative. prohibited unless a vessel meets the authority under section 4(a) of the Vessels requesting to enter or transit the stated requirements or is specifically Administrative Procedure Act (APA) safety zone may contact the Sector authorized by the Captain of the Port (5 U.S.C. 553(b)). This provision North Carolina Command Center via North Carolina (COTP). authorizes an agency to issue a rule VHF–FM channel 16 or telephone at DATES: This rule is effective without without prior notice and opportunity to 910–362–4015. actual notice from October 1, 2018, comment when the agency for good through October 17, 2018. For the cause finds that those procedures are V. Regulatory Analyses purposes of enforcement, actual notice ‘‘impracticable, unnecessary, or contrary We developed this rule after will be used from September 26, 2018, to the public interest.’’ Under 5 U.S.C. considering numerous statutes and through October 1, 2018. 553(b)(B), the Coast Guard finds that Executive orders related to rulemaking. ADDRESSES: To view documents good cause exists for not publishing a Below we summarize our analyses mentioned in this preamble as being notice of proposed rulemaking (NPRM) based on a number of these statutes and available in the docket, go to https:// with respect to this rule because to do Executive orders, and we discuss First www.regulations.gov, type USCG–2018– so would be impracticable and contrary Amendment rights of protestors. 0920 in the ‘‘SEARCH’’ box and click to the public interest. Waiting to return the waterway to conditions that A. Regulatory Planning and Review ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this accommodate the safe, full resumption Executive Orders 12866 and 13563 rule. of commercial shipping is contrary to direct agencies to assess the costs and FOR FURTHER INFORMATION CONTACT: If the public interest. It is impracticable to benefits of available regulatory you have questions on this rule, call or publish an NPRM because recovery alternatives and, if regulation is email Chief Petty Officer Joshua assets will be on scene on or about necessary, to select regulatory O’Rourke, Waterways Management September 26, 2018, and the safety zone approaches that maximize net benefits. Division, U.S. Coast Guard Sector North needs to be in place at that time to Executive Order 13771 directs agencies Carolina, Wilmington, NC; telephone protect vessels and persons in the to control regulatory costs through a 910–772–2227, email: vicinity of salvage operations. budgeting process. This rule has not Under 5 U.S.C. 553(d)(3), the Coast been designated a ‘‘significant joshua.p.orourke@uscg.mil. Guard finds that good cause exists for regulatory action,’’ under Executive SUPPLEMENTARY INFORMATION: making this rule effective less than 30 Order 12866. Accordingly, this rule has I. Table of Abbreviations days after publication in the Federal not been reviewed by the Office of amozie on DSK3GDR082PROD with RULES Register. Delaying the effective date of Management and Budget (OMB), and COTP Captain of the Port CFR Code of Federal Regulations this rule would be impracticable and pursuant to OMB guidance it is exempt DHS Department of Homeland Security contrary to the public interest. from the requirements of Executive FR Federal Register Immediate action is needed to protect Order 13771. NPRM Notice of proposed rulemaking vessels and persons conducting diving This regulatory action determination § Section and salvage operations, as well as is based on the size, location, and VerDate Sep<11>2014 16:43 Sep 28, 2018 Jkt 247001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1


Document Created: 2018-09-29 04:27:02
Document Modified: 2018-09-29 04:27:02
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 October 1, 2018 through 3 p.m. on October 5, 2018. For the purposes of enforcement, actual notice will be used from 7 a.m. on September 23, 2018, until October 1, 2018.
ContactIf 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 Citation83 FR 49280 
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