82 FR 60116 - Drawbridge Operation Regulation; Newark Bay, Newark, NJ
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 242 (December 19, 2017)
Coast Guard
Federal Register Volume 82, Issue 242 (December 19, 2017)
| Page Range | 60116-60117 | |
| FR Document | 2017-27298 |
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)] [Rules and Regulations] [Pages 60116-60117] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27298] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-1026] Drawbridge Operation Regulation; Newark Bay, Newark, NJ AGENCY: Coast Guard, DHS. ACTION: Notice of deviation from drawbridge regulations. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Lehigh Valley Railroad Bridge across the Newark Bay, mile 4.3, at Newark, New Jersey. The deviation is necessary to test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation allows the Lehigh Valley RR Bridge to operate under an alternate schedule for ninety (90) days to alleviate high volume of rail service across the Lehigh Valley RR Bridge and to better accommodate vessel traffic. DATES: This deviation is effective from 12:01 a.m. on January 1, 2018 to 11:59 p.m. on March 31, 2018. Comments and related material must reach by the Coast Guard on or before March 31, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2017-1026 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Judy K. Leung-Yee, Project Officer, First Coast Guard District; telephone 212-514-4336, email [email protected]. SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis The Lehigh Valley Railroad Bridge across the Newark Bay, mile 4.3, at Newark, New Jersey is a lift bridge with a vertical clearance of 35 feet at mean high water and 39 feet at mean low water in the closed position. The existing drawbridge operating regulations are listed at 33 CFR 117.5 and 33 CFR 117.735. The owner of the bridge, Consolidated Rail Corporation, requested a change to the Drawbridge Operation Regulations because the volume of train traffic and maneuvering of train movements from the adjacent rail yard across the bridge cause significant delays to marine traffic. The waterway users are seasonal recreational vessels and commercial vessels of various sizes. The Coast Guard is publishing this temporary deviation to test the proposed regulation change to determine whether a permanent change to the schedule is necessary to better balance the needs of marine and rail traffic. Under this deviation, in effect from 12:01 a.m. on January 1, 2018 to 11:59 p.m. on March 31, 2018, the Lehigh Valley Railroad Bridge will open on signal if at least one hour advance notice is given. Vessels able to pass through the bridge in the closed position may do so at anytime. There are no alternate routes. The bridge will be able to open for emergencies. The Coast Guard contacted the waterway users regarding this proposed temporary deviation to test a proposed change to the Drawbridge Operation Regulations and no objections were received. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners and other appropriate local media of the change in operating schedule for the bridge so that vessel operators may 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. II. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicating the specific section of this document to which each comment applies, and provide reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any person information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacynotice. Documents mentioned in this notice as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. [[Page 60117]] Dated: December 14, 2017. Christopher J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2017-27298 Filed 12-18-17; 8:45 am] BILLING CODE 9110-04-P
![60116 Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Rules and Regulations
■ 2. Add § 886.5300 to subpart F to read schedule that governs the Lehigh Valley signal if at least one hour advance
as follows: Railroad Bridge across the Newark Bay, notice is given.
mile 4.3, at Newark, New Jersey. The Vessels able to pass through the
§ 886.5300 Tear electrostimulation device. deviation is necessary to test a change bridge in the closed position may do so
(a) Identification. A tear to the drawbridge operation schedule to at anytime. There are no alternate
electrostimulation device is a non- determine whether a permanent change routes. The bridge will be able to open
implantable, electrostimulation device to the schedule is needed. This for emergencies.
intended to increase tear production. deviation allows the Lehigh Valley RR The Coast Guard contacted the
(b) Classification. Class II (special Bridge to operate under an alternate waterway users regarding this proposed
controls). The special controls for this schedule for ninety (90) days to alleviate temporary deviation to test a proposed
device are: high volume of rail service across the change to the Drawbridge Operation
(1) Non-clinical performance testing Lehigh Valley RR Bridge and to better Regulations and no objections were
must assess the following electrical accommodate vessel traffic. received. The Coast Guard will also
output specifications: waveforms,
DATES: This deviation is effective from inform the users of the waterways
output modes, maximum output
12:01 a.m. on January 1, 2018 to 11:59 through our Local and Broadcast
voltage, maximum output current, pulse
p.m. on March 31, 2018. Notices to Mariners and other
duration, frequency, net charge per
Comments and related material must appropriate local media of the change in
pulse, maximum phase charge at 500
reach by the Coast Guard on or before operating schedule for the bridge so that
ohms, maximum current density,
March 31, 2018. vessel operators may arrange their
maximum average current, and
ADDRESSES: You may submit comments
transits to minimize any impact caused
maximum average power density.
(2) Patient-contacting components of identified by docket number USCG– by the temporary deviation.
the device must be demonstrated to be 2017–1026 using Federal eRulemaking In accordance with 33 CFR 117.35(e),
biocompatible. Portal at http://www.regulations.gov. the drawbridge must return to its regular
(3) Performance testing must See the ‘‘Public Participation and operating schedule immediately at the
demonstrate the electrical, thermal, and Request for Comments’’ portion of the end of the effective period of this
mechanical safety along with SUPPLEMENTARY INFORMATION section
temporary deviation. This deviation
electromagnetic compatibility (EMC) of below for instructions on submitting from the operating regulations is
the device in the intended use comments. authorized under 33 CFR 117.35.
environment. II. Public Participation and Request for
(4) Software verification, validation, FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary Comments
and hazard analysis must be performed.
(5) Physician and patient labeling deviation, call or email Judy K. Leung- We view public participation as
must include: Yee, Project Officer, First Coast Guard essential to effective rulemaking, and
(i) Summaries of electrical stimulation District; telephone 212–514–4336, email will consider all comments and material
parameters; Judy.K.Leung-Yee@uscg.mil. received during the comment period.
(ii) Instructions on how to correctly SUPPLEMENTARY INFORMATION: Your comment can help shape the
use and maintain the device; outcome of this rulemaking. If you
I. Background, Purpose and Legal Basis submit a comment, please include the
(iii) Instructions and explanations of
all user-interface components; The Lehigh Valley Railroad Bridge docket number for this rulemaking,
(iv) Information related to across the Newark Bay, mile 4.3, at indicating the specific section of this
electromagnetic compatibility Newark, New Jersey is a lift bridge with document to which each comment
classification; and a vertical clearance of 35 feet at mean applies, and provide reason for each
(v) Instructions on how to clean the high water and 39 feet at mean low suggestion or recommendation.
device. water in the closed position. The We encourage you to submit
Dated: December 13, 2017. existing drawbridge operating comments through the Federal
Leslie Kux, regulations are listed at 33 CFR 117.5 eRulemaking Portal at http://
Associate Commissioner for Policy.
and 33 CFR 117.735. www.regulations.gov, contact the person
The owner of the bridge, Consolidated in the FOR FURTHER INFORMATION
[FR Doc. 2017–27280 Filed 12–18–17; 8:45 am]
Rail Corporation, requested a change to CONTACT section of this document for
BILLING CODE 4164–01–P
the Drawbridge Operation Regulations alternate instructions.
because the volume of train traffic and We accept anonymous comments. All
maneuvering of train movements from comments received will be posted
DEPARTMENT OF HOMELAND the adjacent rail yard across the bridge without change to http://
SECURITY cause significant delays to marine www.regulations.gov and will include
traffic. any person information you have
Coast Guard
The waterway users are seasonal provided. For more about privacy and
recreational vessels and commercial the docket, visit http://
33 CFR Part 117
vessels of various sizes. www.regulations.gov/privacynotice.
[Docket No. USCG–2017–1026] The Coast Guard is publishing this Documents mentioned in this notice
temporary deviation to test the proposed as being available in this docket and all
Drawbridge Operation Regulation; regulation change to determine whether public comments, will be in our online
sradovich on DSK3GMQ082PROD with RULES
Newark Bay, Newark, NJ a permanent change to the schedule is docket at http://www.regulations.gov
AGENCY: Coast Guard, DHS. necessary to better balance the needs of and can be viewed by following that
ACTION:Notice of deviation from marine and rail traffic. website’s instructions. Additionally, if
drawbridge regulations. Under this deviation, in effect from you go to the online docket and sign up
12:01 a.m. on January 1, 2018 to 11:59 for email alerts, you will be notified
SUMMARY: The Coast Guard has issued a p.m. on March 31, 2018, the Lehigh when comments are posted or a final
temporary deviation from the operating Valley Railroad Bridge will open on rule is published.
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![Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Rules and Regulations 60117
Dated: December 14, 2017. Service to provide such evidence of endanger the entire program. Such legal
Christopher J. Bisignano, postage payment ‘‘as may be necessary risks would offset any potential revenue
Supervisory Bridge Management Specialist, or desirable.’’ 39 U.S.C. 404(a)(4). The increases attributable to the eligibility of
First Coast Guard District. Postal Service exercises this authority nonprofit content. Excluding entire
[FR Doc. 2017–27298 Filed 12–18–17; 8:45 am] through 39 CFR part 501, which protects categories of content altogether to help
BILLING CODE 9110–04–P postal revenues by regulation of avoid unlawful viewpoint
manufacturer-distributors of Postage discrimination is an eminently
Evidencing Systems. Customized reasonable limitation made in
POSTAL SERVICE Postage products were developed accordance with First Amendment
through market tests allowing principles. This exclusion does not
39 CFR Part 501 Authorized Postage Evidencing System constitute unlawful discrimination
providers to combine evidence of against nonprofit mailers, who may
Revisions to the Requirements for prepayment of postage with a customer- purchase Customized Postage products
Authority To Manufacture and selected or customer-provided graphic subject to the same terms and
Distribute Postage Evidencing image for printing and fulfillment. See, conditions as other users of the mail.
Systems; Customized Postage 70 FR 21821 (April 27, 2005); 71 FR Comments from existing providers
Products 12718 (March 13, 2006). Subsequently, argued that Customized Postage
Customized Postage was approved as a restrictions should be uniformly applied
AGENCY: Postal Service.
Special Service by the Postal Regulatory across other Postal Service programs or
ACTION: Final rule. products that allow some degree of
Commission. See, 75 FR 11452, 11459
SUMMARY: In January, 2017, the Postal (March 11, 2010). The amendments to customization. However, tailoring
Service proposed to amend its Postage 39 CFR part 501 create standardized content restrictions to the unique
Evidencing Systems regulations to definitions, requirements, and context of each of its various
standardize requirements for the procedures applicable to the customizable products or programs is
authorization to produce Customized authorization to provide Customized necessary to serve the Postal Service’s
Postage, a Special Service approved by Postage products, and incorporate diverse interests and goals and is
the Postal Regulatory Commission. protections for the Postal Service’s legal, consistent with First Amendment forum
Comments were received by all financial, and brand interests. analysis.
authorized providers of Customized Comments from Authorized Postage
All comments received in response to Evidencing System providers also
Postage products and the Alliance of the proposed rules published at 82 FR
Nonprofit Mailers. The Postal Service requested acceptance of otherwise
1294 (January 5, 2017) requested the eligible images containing incidental
considered these comments and creation of a nonprofit category of
addresses them below. depictions of certain prohibited content.
content in addition to the strictly For alcohol, tobacco, gambling, and
Customized Postage products are commercial or limited social categories
provided through authorized Postage weapons, the Postal Service agrees that
of content designated as eligible for allowing incidental depictions of these
Evidencing System manufacturer- customer-provided or customer-selected
distributors or through companies prohibited categories of content
images. All comments claimed that the contained within otherwise eligible
affiliated with authorized Postage inclusion of an eligible nonprofit
Evidencing System manufacturer- images would be consistent with
content category would increase program purposes while maintaining or
distributors and approved by the Postal program revenues, and the Alliance of
Service. During the development of the increasing revenues. For example, an
Nonprofit Mailers specifically alleged image of toasting wedding celebrants
Customized Postage program, that excluding nonprofit content from
requirements for authorization to may remain eligible despite depictions
the categories of eligible content would of alcohol, an image of an armed
produce Customized Postage products constitute unlawful discrimination
were described in Federal Register services member may remain eligible
against nonprofit mailers. The Postal despite depictions of weaponry, and so
notices and in individual approval Service disagrees on both counts.
letters issued to providers. These final on. However, for religious, violent, or
Customized Postage products are not political content, the Postal Service does
rules give regulatory form to the existing U.S. stamps; they are a specialized form not agree that incidental depictions of
requirements for authorization to of evidence of prepayment of postage these prohibited categories of content
produce Customized Postage products, offered through statutory authority contained within otherwise eligible
and incorporate procedures for the contained in 39 U.S.C. 404(a)(4). images would be consistent with
protection of Postal Service business Because they share the function and program purposes. Such an expansion
interests. Existing providers of appearance of U.S. stamps, however, the would delegate unduly fine-grained
Customized Postage products may Postal Service must limit eligible private distinctions to providers and increase
continue provision of Customized content to protect its own business and First Amendment and brand liability.
Postage products subject to these final brand interests against dilution, false The eligibility of alcoholic beverage
rules upon their effective date, which attribution, appearances of logos in the commercial content
coincides with renewal of the product endorsement, and other potential category was requested. Although
year, and any requirements set forth in impacts. The First Amendment requires allowing incidental depictions of
individual authorization letters. that such content- or speaker-based alcohol in a commercial or social
DATES: These amendments take effect on restrictions be reasonable and context, as explained above, is
sradovich on DSK3GMQ082PROD with RULES
May 15, 2018. viewpoint-neutral. See, Matal v. Tam, acceptable under the final rules,
FOR FURTHER INFORMATION CONTACT: 137 S.Ct. 1744, 1763 (2017). Selective allowing the non-incidental display of
Christy Noel, Legal Policy & Legislative acceptance of only those nonprofit logos promoting alcoholic beverage
Advice, U.S. Postal Service, (202) 268– causes or organizations that do not sales creates more brand risks, and
3484. present threats to the Postal Service’s arguably opens other commercial
SUPPLEMENTARY INFORMATION: The Postal brand would constitute impermissible categories that the Postal Service may be
Reorganization Act authorizes the Postal viewpoint discrimination, which would compelled to accept by First
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Document Created: 2017-12-19 01:31:12
Document Modified: 2017-12-19 01:31:12
| 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 regulations. | |
| Dates | This deviation is effective from 12:01 a.m. on January 1, 2018 to 11:59 p.m. on March 31, 2018. | |
| Contact | If you have questions on this temporary deviation, call or email Judy K. Leung-Yee, Project Officer, First Coast Guard District; telephone 212-514-4336, email Judy.K.Leung- [email protected] | |
| FR Citation | 82 FR 60116 |
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