83_FR_2923 83 FR 2909 - Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ

83 FR 2909 - Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 14 (January 22, 2018)

Page Range2909-2910
FR Document2018-00894

The Coast Guard is reopening the comment period to solicit additional comments concerning its Notice of Temporary Deviation from the operating schedule that governs the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This document is to provide additional opportunity for public comment.

Federal Register, Volume 83 Issue 14 (Monday, January 22, 2018) 
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2909-2910]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00894]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0257]


Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; reopening 
comment period.

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SUMMARY: The Coast Guard is reopening the comment period to solicit 
additional comments concerning its Notice of Temporary Deviation from 
the operating schedule that governs the DELAIR Memorial Railroad Bridge 
across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This 
document is to provide additional opportunity for public comment.

DATES: The comment period for the deviation published October 18, 2017, 
at 82 FR 48419, is reopened. Comments and related material must reach 
the Coast Guard on or before March 2, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0257 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 test 
deviation, call or email Mr. Hal R. Pitts, Fifth Coast Guard District 
(dpb); telephone (757) 398-6222, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis

    On April 12, 2017, we published a document in the Federal Register 
entitled, ``Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ'' announcing a temporary deviation from the regulations, 
with request for comments (see 82 FR 17562). The purpose of the 
deviation was to test the newly installed remote operational 
capabilities of the DELAIR Memorial Railroad Bridge across the Delaware 
River, mile 104.6, at Pennsauken Township, NJ, owned and operated by 
Conrail Shared Assets. The installation of the remote operation system 
capabilities did not change the operational schedule of the bridge.\1\
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    \1\ A full description of the remote operational system is 
outlined in the aforementioned publication, which can be found at 
http://regulations.gov. (See ADDRESSES for more information).
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    On June 30, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Delaware River, 
Pennsauken Township, NJ'' (see 82 FR 29800). The original comment 
period closed on August 18, 2017.
    On October 18, 2017, we published a document in the Federal 
Register entitled, ``Drawbridge Operation Regulation; Delaware River, 
Pennsauken Township, NJ'' announcing a temporary deviation from the 
regulations, with request for comments (see 82 FR 48419). This test 
deviation commenced at 8 a.m. on October 21, 2017, and will conclude at 
7:59 a.m. on April 19, 2018. This notice included a request for 
comments and related material to reach the Coast Guard on or before 
January 15, 2018.\2\
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    \2\ Detailed information concerning this second test deviation 
is contained in the Background, Purpose and Legal Basis paragraphs 
of the aforementioned publication, which can be found at http://regulations.gov, (see ADDRESSES for more information).
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    On December 6, 2017, we published a notice of proposed rulemaking; 
reopening of comment period (NPRM); entitled ``Drawbridge Operation 
Regulation; Delaware River, Pennsauken Township, NJ'' in the Federal 
Register (see 82 FR 57561). It included a request for comments and 
related material to reach the Coast Guard on or before January 15, 
2018.
    This document reopening the comment period ensures notice and 
opportunity to comment on the temporary deviation before we decide 
whether to make any changes to it. This

[[Page 2910]]

document is issued under authority of 33 U.S.C. 1223 and 5 U.S.C. 552.

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, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using 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 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    All previously published documents mentioned in this document along 
with 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.

    Dated: January 12, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-00894 Filed 1-19-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2909 annual adjustments as a direct final rule Authority: 25 U.S.C. 396 et seq., 396a et deviation, call or email Mr. Hal R. Pitts, without prior notice or an opportunity seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 Fifth Coast Guard District (dpb); for comment and with an effective date et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. telephone (757) 398–6222, email 1301 et seq., 1331 et seq., 1801 et seq. immediately upon publication in the Hal.R.Pitts@uscg.mil. Federal Register. § 1241.52 [Amended] SUPPLEMENTARY INFORMATION: Section 553(b) of the Administrative Procedure Act (APA) provides that, ■ 2. Amend § 1241.52 by: I. Background, Purpose and Legal Basis ■ a. In paragraph (a)(2), removing when an agency for good cause finds On April 12, 2017, we published a ‘‘$1,196’’ and adding in its place that ‘‘notice and public procedure . . . document in the Federal Register ‘‘$1,220.’’ are impracticable, unnecessary, or ■ b. In paragraph (b) introductory text, entitled, ‘‘Drawbridge Operation contrary to the public interest,’’ the Regulation; Delaware River, Pennsauken removing ‘‘$11,967’’ and adding in its agency may issue a rule without Township, NJ’’ announcing a temporary place ‘‘$12,211.’’ providing notice and an opportunity for deviation from the regulations, with prior public comment. Under section § 1241.60 [Amended] request for comments (see 82 FR 17562). 553(b), ONRR finds that there is good ■ 3. Amend § 1241.60 by: The purpose of the deviation was to test cause to promulgate this rule without ■ a. In paragraph (b)(1) introductory the newly installed remote operational first providing for public comment. text, removing ‘‘$23,933’’ and adding in capabilities of the DELAIR Memorial ONRR is promulgating this final rule to its place ‘‘$24,421.’’ Railroad Bridge across the Delaware implement the statutory directive in the ■ b. In paragraph (b)(2), removing River, mile 104.6, at Pennsauken Act, which requires agencies to publish ‘‘$59,834’’ and adding in its place Township, NJ, owned and operated by a final rule and to update the civil ‘‘$61,055.’’ Conrail Shared Assets. The installation penalty amounts by applying a specified of the remote operation system [FR Doc. 2018–00969 Filed 1–19–18; 8:45 am] formula. We have no discretion to vary capabilities did not change the BILLING CODE 4335–30–P the amount of the adjustment to reflect operational schedule of the bridge.1 any views or suggestions provided by On June 30, 2017, we published a commenters. Accordingly, it would notice of proposed rulemaking (NPRM) serve no purpose to provide an DEPARTMENT OF HOMELAND entitled, ‘‘Drawbridge Operation opportunity for public comment on this SECURITY Regulation; Delaware River, Pennsauken rule prior to promulgation. Thus, Township, NJ’’ (see 82 FR 29800). The Coast Guard original comment period closed on providing for notice and public comment is unnecessary. August 18, 2017. 33 CFR Part 117 On October 18, 2017, we published a Furthermore, ONRR finds under section 553(d)(3) of the APA that good [Docket No. USCG–2016–0257] document in the Federal Register cause exists to make this direct final entitled, ‘‘Drawbridge Operation rule effective immediately upon Drawbridge Operation Regulation; Regulation; Delaware River, Pennsauken publication in the Federal Register. In Delaware River, Pennsauken Township, NJ’’ announcing a temporary the Act, Congress expressly required Township, NJ deviation from the regulations, with Federal agencies to publish annual AGENCY: Coast Guard, DHS. request for comments (see 82 FR 48419). inflation adjustments to civil penalties This test deviation commenced at 8 a.m. ACTION: Notice of temporary deviation on October 21, 2017, and will conclude in the Federal Register no later than from regulations; reopening comment January 15 of every year, at 7:59 a.m. on April 19, 2018. This period. notice included a request for comments notwithstanding section 553 of the APA. Under the statutory framework and SUMMARY: The Coast Guard is reopening and related material to reach the Coast OMB guidance, the new penalty levels the comment period to solicit additional Guard on or before January 15, 2018.2 are to take effect immediately upon comments concerning its Notice of On December 6, 2017, we published publication. Moreover, an effective date Temporary Deviation from the operating a notice of proposed rulemaking; after January 15 would delay schedule that governs the DELAIR reopening of comment period (NPRM); application of the new penalty levels, Memorial Railroad Bridge across the entitled ‘‘Drawbridge Operation contrary to Congress’s intent. Delaware River, mile 104.6, at Regulation; Delaware River, Pennsauken Pennsauken Township, NJ. This Township, NJ’’ in the Federal Register List of Subjects in 30 CFR Part 1241 (see 82 FR 57561). It included a request document is to provide additional Administrative practice and opportunity for public comment. for comments and related material to procedure, Civil penalties, Coal, reach the Coast Guard on or before DATES: The comment period for the Geothermal, Inflation, Mineral January 15, 2018. deviation published October 18, 2017, at This document reopening the resources, Natural gas, Notices of non- 82 FR 48419, is reopened. Comments compliance, Oil. comment period ensures notice and and related material must reach the opportunity to comment on the Gregory J. Gould, Coast Guard on or before March 2, 2018. temporary deviation before we decide Director for Office of Natural Resources ADDRESSES: You may submit comments whether to make any changes to it. This Revenue. identified by docket number USCG– 2016–0257 using Federal eRulemaking 1 A full description of the remote operational Authority and Issuance Portal at http://www.regulations.gov. system is outlined in the aforementioned For the reasons discussed in the See the ‘‘Public Participation and publication, which can be found at http:// ethrower on DSK3G9T082PROD with RULES preamble, ONRR amends 30 CFR part regulations.gov. (See ADDRESSES for more Request for Comments’’ portion of the information). 1241 as set forth below: SUPPLEMENTARY INFORMATION section 2 Detailed information concerning this second test below for instructions on submitting deviation is contained in the Background, Purpose PART 1241—PENALTIES comments. and Legal Basis paragraphs of the aforementioned publication, which can be found at http:// ■ 1. The authority citation for part 1241 FOR FURTHER INFORMATION CONTACT: If regulations.gov, (see ADDRESSES for more continues to read as follows: you have questions on this test information). VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\22JAR1.SGM 22JAR1

2910 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations document is issued under authority of the navigable waters of Oregon Inlet in days after publication in the Federal 33 U.S.C. 1223 and 5 U.S.C. 552. Dare County, North Carolina in support Register. Delaying the effective date of of construction of the new Herbert C. this rule would be impracticable II. Public Participation and Request for Bonner Bridge. This temporary safety because immediate action is needed Comments zone is intended to protect mariners, protect persons, vessels, and the marine We view public participation as vessels, and construction crews from the environment on the navigable waters in essential to effective rulemaking, and hazards associated with installing the Oregon Inlet during this construction will consider all comments and material navigation span, and will restrict vessel phase. A Notice of Proposed received during the comment period. traffic from the bridge’s navigation span Rulemaking was published in order to Your comment can help shape the as it is under construction by preventing inform the public and solicit comments. outcome of this rulemaking. If you vessel traffic on a portion of Oregon submit a comment, please include the Inlet. Entry of vessels or persons into III. Legal Authority and Need for Rule docket number for this rulemaking, this safety zone is prohibited. The Coast Guard is issuing this rule indicate the specific section of this DATES: This rule is effective from under authority in 33 U.S.C. 1231. The document to which each comment January 29, 2018, through March 24, COTP North Carolina has determined applies, and provide a reason for each 2018, with alternate dates of March 25, that potential safety hazards associated suggestion or recommendation. 2018, through May 6, 2018. with the construction would be a We encourage you to submit concern for anyone transiting the ADDRESSES: To view documents comments through the Federal Oregon Inlet navigation channel. The mentioned in this preamble as being eRulemaking Portal at http:// purpose of this rule is to protect available in the docket, go to http:// www.regulations.gov. If your material persons, vessels, and the marine www.regulations.gov, type USCG–2017– cannot be submitted using http:// environment on the navigable waters in www.regulations.gov, contact the person 0964 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Oregon Inlet during this construction in the FOR FURTHER INFORMATION Folder on the line associated with this phase. CONTACT section of this document for alternate instructions. rule. IV. Discussion of Comments, Changes, We accept anonymous comments. All FOR FURTHER INFORMATION CONTACT: If and the Rule comments received will be posted you have questions on this rule, call or without change to http:// email Petty Officer Matthew Tyson, As noted above, we received 5 www.regulations.gov and will include Waterways Management Division, U.S. comments on our NPRM published any personal information you have Coast Guard Sector North Carolina, December 5, 2017. Most of the provided. For more about privacy and Wilmington, NC; telephone: (910) 772– submissions were not relevant to this the docket, visit http:// 2221, email: Matthew.I.Tyson@uscg.mil. rulemaking. www.regulations.gov/privacynotice. SUPPLEMENTARY INFORMATION: The first comment inquired about the All previously published documents benefits of the new bridge construction I. Table of Abbreviations and its impact on the human mentioned in this document along with all public comments will be in our CFR Code of Federal Regulations environment. This rule pertains only to online docket at http:// DHS Department of Homeland Security the creation of a safety zone for the www.regulations.gov and can be viewed FR Federal Register navigation span construction phase and by following that website’s instructions. NPRM Notice of proposed rulemaking not the entire bridge construction § Section project. The environmental impact Additionally, if you go to the online U.S.C. United States Code docket and sign up for email alerts, you COTP Captain of the Port analysis and other regulatory analyses will be notified when comments are for this rule are based only on the posted or a final rule is published. II. Background Information and creation of this safety zone. This safety Regulatory History zone is necessary to protect persons, Dated: January 12, 2018. On October 10, 2017, the North vessels, and the marine environment on Hal R. Pitts, Carolina Department of Transportation the navigable waters in Oregon Inlet Bridge Program Manager, Fifth Coast Guard District. notified the Coast Guard that they will during this construction phase. The be installing the navigation span of the impact on the human environment is [FR Doc. 2018–00894 Filed 1–19–18; 8:45 am] new Herbert C. Bonner Bridge in Oregon considered not significant because the BILLING CODE 9110–04–P Inlet in Dare County, North Carolina on closure is only for a two hour period on January 29 through March 24, 2018, each construction day and the safety DEPARTMENT OF HOMELAND with alternate dates of March 25 zone will not be active until after the SECURITY through May 6, 2018. The construction normal morning traffic typically transits will take place over an estimated 33 and will end before the evening traffic Coast Guard days during this period. In response, on typically transits. December 5, 2017, the Coast Guard The second comment mentioned 33 CFR Part 165 published a notice of proposed bridge safety and its obstruction to the rulemaking (NPRM) titled Safety Zone; waterway. This comment is outside the [Docket Number USCG–2017–0964] Oregon Inlet, Dare County, NC (82 FR scope of this rulemaking dealing with RIN 1625–AA00 57413). There we stated why we issued the establishment of a safety zone. the NPRM, and invited comments on However, the Coast Guard would like to Safety Zone; Oregon Inlet, Dare take this opportunity to state that this ethrower on DSK3G9T082PROD with RULES our proposed regulatory action related County, NC to this fireworks display. During the bridge will have the same horizontal AGENCY: Coast Guard, DHS. comment period that ended December clearance of the original Bonner Bridge. ACTION: Temporary final rule. 20, 2017, we received 5 comments. The new bridge is also designed with Under 5 U.S.C. 553(d)(3), the Coast multiple spans that can be used if the SUMMARY: The Coast Guard is Guard finds that good cause exists for waterway conditions change due to establishing a temporary safety zone on making this rule effective less than 30 shoaling. VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\22JAR1.SGM 22JAR1


Document Created: 2018-01-23 21:36:02
Document Modified: 2018-01-23 21:36:02
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 temporary deviation from regulations; reopening comment period.
DatesThe comment period for the deviation published October 18, 2017, at 82 FR 48419, is reopened. Comments and related material must reach the Coast Guard on or before March 2, 2018.
ContactIf you have questions on this test deviation, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); telephone (757) 398-6222, email [email protected]
FR Citation83 FR 2909 
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