83 FR 9204 - Drawbridge Operation Regulation; Nanticoke River, Seaford, DE
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 43 (March 5, 2018)
Coast Guard
Federal Register Volume 83, Issue 43 (March 5, 2018)
| Page Range | 9204-9205 | |
| FR Document | 2018-04342 |
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)] [Rules and Regulations] [Pages 9204-9205] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04342] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0147] Drawbridge Operation Regulation; Nanticoke River, Seaford, DE 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 SR 13 (Market Street) Bridge across Nanticoke River, mile 39.6, in Seaford, DE. The deviation is necessary to facilitate placement of an emergency temporary public water line on the bridge. This deviation allows the bridge to remain in the closed- to-navigation position. DATES: This deviation is effective without actual notice from March 5, 2018 through noon on March 23, 2018. For purposes of enforcement, actual notice will be used from noon on February 9, 2018, until March 5, 2018. ADDRESSES: The docket for this deviation, [USCG-2018-0147] 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 Hal.R.Pitts@uscg.mil. SUPPLEMENTARY INFORMATION: The Delaware Department of Transportation, who owns and operates the SR 13 (Market Street) Bridge across Nanticoke River, mile 39.6, in Seaford, DE, has requested a temporary deviation from the current operating regulation. This deviation is necessary to facilitate placement of an emergency temporary public water line on the bridge due to contamination of the town of Blades, DE water system. The bridge is a bascule bridge and has a vertical clearance in the closed- to-navigation position of 3 feet above mean high water. The current operating schedule is set out in 33 CFR 117.243(b). Under this temporary deviation, the bridge will remain in the closed- to-navigation position from noon on February 9, 2018, through noon on March 23, 2018. The Nanticoke River in the location of the bridge is predominantly used by small recreational vessels. The bridge has an [[Page 9205]] average of one or two bridge openings per month during the time period of this temporary deviation. The Coast Guard has carefully considered the nature and volume of vessel traffic on the waterway, in relation to the emergency management purpose for maintaining the bridge in the closed-to-navigation position, in publishing this temporary deviation. Vessels able to pass through the bridge in the closed-to-navigation position may do so at any time. The bridge will not be able to open for an emergency and there is no immediate alternate route 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: February 22, 2018. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2018-04342 Filed 3-2-18; 8:45 am] BILLING CODE 9110-04-P
![9204 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations
accordance with paragraph (b)(2) of this 552a), see part 501, subpart E, of this DEPARTMENT OF HOMELAND
section. chapter. SECURITY
(4) Information that should be
included in response. Any response § 510.802 Delegation of certain authorities Coast Guard
should set forth in detail why the of the Secretary of the Treasury.
alleged violator either believes that a Any action that the Secretary of the 33 CFR Part 117
violation of the regulations did not Treasury is authorized to take pursuant [Docket No. USCG–2018–0147]
occur and/or why a Finding of Violation to Executive Order 13466 of June 26,
is otherwise unwarranted under the 2008, Executive Order 13551 of August Drawbridge Operation Regulation;
circumstances, with reference to the 30, 2010, Executive Order 13570 of Nanticoke River, Seaford, DE
General Factors Affecting
April 18, 2011, Executive Order 13687 AGENCY: Coast Guard, DHS.
Administrative Action set forth in the
of January 2, 2015, Executive Order ACTION:Notice of deviation from
Guidelines contained in appendix A to
13722 of March 15, 2016, Executive drawbridge regulation.
part 501. The response should include
all documentary or other evidence Order 13810 of September 20, 2017, and
available to the alleged violator that any further Executive orders relating to SUMMARY: The Coast Guard has issued a
supports the arguments set forth in the the national emergency declared in temporary deviation from the operating
response. OFAC will consider all Executive Order 13466 of June 26, 2008, schedule that governs the SR 13 (Market
relevant materials submitted in the and any action that the Secretary of the Street) Bridge across Nanticoke River,
response. Treasury is authorized to take pursuant mile 39.6, in Seaford, DE. The deviation
(c) Determination—(1) Determination to Presidential Memorandum of May 18, is necessary to facilitate placement of an
that a Finding of Violation is warranted. 2016: Delegation of Certain Functions emergency temporary public water line
If, after considering the response, OFAC and Authorities under the North Korea on the bridge. This deviation allows the
determines that a final Finding of Policy Enhancement Act of 2016 and bridge to remain in the closed-to-
Violation should be issued, OFAC will Presidential Memorandum of September navigation position.
issue a final Finding of Violation that 29, 2017: Delegation of Certain DATES: This deviation is effective
will inform the violator of its decision. Functions and Authorities under the without actual notice from March 5,
A final Finding of Violation shall Countering America’s Adversaries 2018 through noon on March 23, 2018.
constitute final agency action. The Through Sanctions Act of 2017, the For purposes of enforcement, actual
violator has the right to seek judicial notice will be used from noon on
Ukraine Freedom Support Act of 2014,
review of that final agency action in February 9, 2018, until March 5, 2018.
and the Support for the Sovereignty,
federal district court. ADDRESSES: The docket for this
Integrity, Democracy, and Economic
(2) Determination that a Finding of deviation, [USCG–2018–0147] is
Stability of Ukraine Act of 2014, may be
Violation is not warranted. If, after available at http://www.regulations.gov.
taken by the Director of OFAC or by any
considering the response, OFAC Type the docket number in the
other person to whom the Secretary of
determines a Finding of Violation is not ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
warranted, then OFAC will inform the the Treasury has delegated authority so Click on Open Docket Folder on the line
alleged violator of its decision not to to act. associated with this deviation.
issue a final Finding of Violation. FOR FURTHER INFORMATION CONTACT: If
Subpart I—Paperwork Reduction Act
Note 1 to paragraph (c)(2): A you have questions on this temporary
determination by OFAC that a final Finding § 510.901 Paperwork Reduction Act notice. deviation, call or email Mr. Hal R. Pitts,
of Violation is not warranted does not Bridge Administration Branch Fifth
preclude OFAC from pursuing other For approval by the Office of District, Coast Guard, telephone 757–
enforcement actions consistent with the Management and Budget (OMB) under 398–6222, email Hal.R.Pitts@uscg.mil.
Guidelines contained in appendix A to part the Paperwork Reduction Act of 1995
501 of this chapter. (44 U.S.C. 3507) of information SUPPLEMENTARY INFORMATION: The
collections relating to recordkeeping Delaware Department of Transportation,
(d) Representation. A representative
and reporting requirements, licensing who owns and operates the SR 13
of the alleged violator may act on behalf
(Market Street) Bridge across Nanticoke
of the alleged violator, but any oral procedures, and other procedures, see
River, mile 39.6, in Seaford, DE, has
communication with OFAC prior to a § 501.901 of this chapter. An agency
requested a temporary deviation from
written submission regarding the may not conduct or sponsor, and a
the current operating regulation. This
specific alleged violations contained in person is not required to respond to, a deviation is necessary to facilitate
the initial Finding of Violation must be collection of information unless it placement of an emergency temporary
preceded by a written letter of displays a valid control number public water line on the bridge due to
representation, unless the initial assigned by OMB. contamination of the town of Blades, DE
Finding of Violation was served upon
Dated: February 22, 2018. water system. The bridge is a bascule
the alleged violator in care of the
Andrea Gacki, bridge and has a vertical clearance in
representative.
Acting Director, Office of Foreign Assets
the closed-to-navigation position of 3
Subpart H—Procedures Control. feet above mean high water.
The current operating schedule is set
§ 510.801 Procedures. Approved: February 22, 2018. out in 33 CFR 117.243(b). Under this
sradovich on DSK3GMQ082PROD with RULES
For license application procedures Sigal P. Mandelker, temporary deviation, the bridge will
and procedures relating to amendments, Under Secretary, Office of Terrorism and remain in the closed-to-navigation
modifications, or revocations of Financial Intelligence, Department of the position from noon on February 9, 2018,
licenses; administrative decisions; Treasury. through noon on March 23, 2018. The
rulemaking; and requests for documents [FR Doc. 2018–04113 Filed 3–1–18; 8:45 am] Nanticoke River in the location of the
pursuant to the Freedom of Information BILLING CODE 4810–AL–P bridge is predominantly used by small
and Privacy Acts (5 U.S.C. 552 and recreational vessels. The bridge has an
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average of one or two bridge openings permission of the Captain of the Port or fireworks display on March 5, 2018, will
per month during the time period of this their designated representative. be a safety concern for anyone within a
temporary deviation. The Coast Guard DATES: This rule is effective from 8 a.m. 100-foot radius of the fireworks barge
has carefully considered the nature and to 10:30 p.m. on March 5, 2018. and anyone within a 560-foot radius of
volume of vessel traffic on the ADDRESSES: To view documents
the fireworks firing site. This rule is
waterway, in relation to the emergency mentioned in this preamble as being needed to protect spectators, vessels,
management purpose for maintaining available in the docket, go to http:// and other property from hazards
the bridge in the closed-to-navigation www.regulations.gov, type USCG–2018– associated with pyrotechnics.
position, in publishing this temporary 0119 in the ‘‘SEARCH’’ box and click IV. Discussion of the Rule
deviation. ‘‘SEARCH.’’ Click on Open Docket
Vessels able to pass through the This rule establishes a temporary
Folder on the line associated with this safety zone during the loading and
bridge in the closed-to-navigation rulemaking.
position may do so at any time. The transit of the fireworks barge, until after
FOR FURTHER INFORMATION CONTACT: If completion of the fireworks display.
bridge will not be able to open for an
emergency and there is no immediate you have questions on this rule, call or During the loading of the pyrotechnics
alternate route for vessels to pass. The email Lieutenant Junior Grade Emily onto the fireworks barge, scheduled to
Coast Guard will also inform the users Rowan, U.S. Coast Guard Sector San take place from 8:00 a.m. to 1:00 p.m.
of the waterway through our Local and Francisco; telephone (415) 399–7443 or on March 5, 2018, at Pier 50 in San
Broadcast Notices to Mariners of the email at D11-PF-MarineEvents@ Francisco, CA, the safety zone will
change in operating schedule for the uscg.mil. encompass the navigable waters around
bridge so that vessel operators can SUPPLEMENTARY INFORMATION: and under the fireworks barge within a
arrange their transits to minimize any radius of 100 feet.
I. Table of Acronyms The fireworks barge will remain at
impact caused by the temporary
deviation. Pier 50 until the start of its transit to the
APA Administrative Procedure Act
In accordance with 33 CFR 117.35(e), display location. Towing of the barge
COTP U.S. Coast Guard Captain on the Port
the drawbridge must return to its regular DHS Department of Homeland Security from Pier 50 to the display location is
operating schedule immediately at the FR Federal Register scheduled to take place from 6:00 p.m.
end of the effective period of this NOAA National Oceanic and Atmospheric to 6:30 p.m. on March 5, 2018, where it
temporary deviation. This deviation Administration will remain until the conclusion of the
from the operating regulations is NPRM Notice of Proposed Rulemaking fireworks display.
authorized under 33 CFR 117.35. PATCOM U.S. Coast Guard Patrol At 9:10 p.m. on March 5, 2018, 30
Commander minutes prior to the commencement of
Dated: February 22, 2018. U.S.C. United States Code the 18-minute fireworks display, the
Hal R. Pitts, safety zone will increase in size and
II. Background Information and
Bridge Program Manager, Fifth Coast Guard Regulatory History encompass the navigable water around
District. and under the fireworks barge within a
[FR Doc. 2018–04342 Filed 3–2–18; 8:45 am] The Coast Guard is issuing this radius of 560 feet in approximate
BILLING CODE 9110–04–P temporary final rule without prior position 37°48′37″ N, 122°26′49″ W
notice and opportunity to comment (NAD 83) for the St. Francis Yacht Club
pursuant to authority under section 4(a) Fireworks Display. The safety zone shall
DEPARTMENT OF HOMELAND of the Administrative Procedure Act terminate at 10:30 p.m. on March 5,
SECURITY (APA) (5 U.S.C. 553(b)). This provision 2018.
authorizes an agency to issue a rule The effect of the temporary safety
Coast Guard without prior notice and opportunity to zone is to restrict navigation in the
comment when the agency for good vicinity of the fireworks loading, transit,
33 CFR Part 165 cause finds that those procedures are and firing site. Except for persons or
‘‘impracticable, unnecessary, or contrary vessels authorized by the COTP or the
[Docket No. USCG–2018–0119] to the public interest.’’ Under 5 U.S.C. COTP’s designated representative, no
553(b)(B), the Coast Guard finds that person or vessel may enter or remain in
RIN 1625–AA00
good cause exists for not publishing a the restricted areas. These regulations
Safety Zone: St. Francis Yacht Club notice of proposed rulemaking (NPRM) are needed to keep spectators and
Fireworks, San Francisco, CA with respect to this rule. Since the Coast vessels away from the immediate
Guard received notice of this event on vicinity of the fireworks firing sites to
AGENCY: Coast Guard, DHS. February 9, 2018, notice and comment ensure the safety of participants,
ACTION: Temporary final rule. procedures would be impracticable in spectators, and transiting vessels.
this instance.
SUMMARY: The Coast Guard is For similar reasons as those stated V. Regulatory Analyses
establishing a temporary moving safety above, under 5 U.S.C. 553(d)(3), the We developed this rule after
zone in the navigable waters of the San Coast Guard finds that good cause exists considering numerous statutes and
Francisco Bay near St. Francis Yacht for making this rule effective less than executive orders related to rulemaking.
Club in support of the St. Francis Yacht 30 days after publication in the Federal Below we summarize our analyses
Club Fireworks Display on March 5, Register. based on a number of these statutes and
sradovich on DSK3GMQ082PROD with RULES
2018. This safety zone is established to Executive orders, and we discuss First
ensure the safety of participants and III. Legal Authority and Need for Rule
Amendment rights of protestors.
spectators from the dangers associated The Coast Guard is issuing this rule
with pyrotechnics. Unauthorized under authority in 33 U.S.C. 1231. The A. Regulatory Planning and Review
persons or vessels are prohibited from Captain of the Port (COTP) San E.O.s 12866 (‘‘Regulatory Planning
entering into, transiting through, or Francisco has determined that potential and Review’’) and 13563 (‘‘Improving
remaining in the safety zone without hazards associated with the planned Regulation and Regulatory Review’’)
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Document Created: 2018-03-03 02:45:28
Document Modified: 2018-03-03 02:45:28
| 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 without actual notice from March 5, 2018 through noon on March 23, 2018. For purposes of enforcement, actual notice will be used from noon on February 9, 2018, until March 5, 2018. | |
| 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] | |
| FR Citation | 83 FR 9204 |
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