Drawbridge Operation Regulations; Cheesequake Creek, Morgan, NJ, 68503-68504 [E7-23568]
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Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
‘‘thirtieth day after issuance of initial
FOIA determination * * *’’ 15 CFR Sec.
410(a)); Wilbur v.Central Intelligence
Agency, 355 F.3rd 675 (DC. Cir. 2004)
(The CIA’s FOIA regulations require that
any administrative appeal ‘‘be received
within 45 days of the agency’s initial
decision.’’ 32 CFR Sec. 1900.42.)
III. Administrative Procedures Act
Because the change involves rules of
agency organization, procedure or
practice, the Agency is not required to
publish it for comment under Section
553 of the Administrative Procedure Act
(5 U.S.C. 553).
IV. Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required for procedural
rules, the requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) pertaining to regulatory
flexibility analysis do not apply to these
rules. However, even if the Regulatory
Flexibility Act were to apply, the NLRB
certifies that these changes will not have
a significant economic impact on small
business entities since the changes
merely codify the actual practice under
the existing rules.
V. Small Business Regulatory
Enforcement Fairness Act
Because the rule relates to Agency
procedure and practice and merely
modifies the agency’s existing filing
procedures, the Board has determined
that the Congressional review
provisions of the Small Business
Regulatory Enforcement Fairness Act (5
U.S.C. 801) do not apply.
VI. Paperwork Reduction Act
This revision does not impose any
reporting or record keeping
requirements under the Paperwork
Reduction Act of 1995.
Lists of Subjects in 29 CFR Part 102
Administrative practice and
procedure, Labor Management relations.
I For the reasons set forth above, the
NLRB proposes to amend 29 CFR part
102 as follows:
PART 102—RULES AND
REGULATIONS
1. The authority citation for 29 CFR
part 102 continues to read as follows:
sroberts on PROD1PC70 with RULES
I
Authority: Section 6, National Labor
Relations Act, as amended ((29 U.S.C. 151,
156). Section 102.117(c) also issued under
Section 552(a)(4)(A) of the Freedom of
Information Act, as amended (5 U.S.C.
552(a)(4)(A)). Sections 102.143 through
102.155 also issued under Section 504(c)(1)
of the Equal Access to Justice Act, as
amended (5 U.S.C. 504(c)(1)).
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17:07 Dec 04, 2007
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2. Section 102.117(c)(2)(v) is revised
to read as follows:
I
§ 102.117 Freedom of Information Act
Regulations: Board materials and formal
documents available for public inspection
and copying; requests for described
records; time limit for response; appeal
from denial of request; fees for document
search and duplication; files and records
not subject to inspection.
*
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*
(c) * * *
(2) * * *
(v) An appeal from an adverse
determination made pursuant to
paragraph (c)(2)(iii) of this section must
be filed within 28 calendar days of the
service of the notification of the adverse
determination, in whole or in part. If the
adverse determination was made in a
Regional Office, a Subregional Office, or
by the Freedom of Information Officer,
Office of the General Counsel, the
appeal shall be filed with the General
Counsel in Washington, DC. If the
adverse determination was made by the
Executive Secretary of the Board or the
Inspector General, the appeal shall be
filed with the Chairman of the Board in
Washington, DC. Within 20 working
days after receipt of an appeal the
General Counsel or the Chairman of the
Board, as the case may be, shall make
a determination with respect to such
appeal and shall notify the person
making the request in writing. If the
determination is to comply with the
request, the record shall be made
promptly available to the person making
the request upon receipt of payment of
any charges due in accordance with the
provisions of paragraph (d)(2) of this
section. If on appeal the denial of the
request for records is upheld in whole
or in part, the person making the request
shall be notified of the reasons for the
determination, the name and title or
position of each person responsible for
the denial, and the provisions for
judicial review of that determination
under the provisions of 5 U.S.C.
552(4)(B). Even though no appeal is
filed from a denial in whole or in part
of a request for records by the person
making the request, the General Counsel
or the Chairman of the Board may,
without regard to the time limit for
filing of an appeal, sua sponte initiate
consideration of an adverse
determination under this appeal
procedure by written notification to the
person making the request. In such
event the time limit for making the
determination shall commence with the
issuance of such notification. An
adverse determination by the General
Counsel or the Chairman of the Board,
as the case may be, will be the final
action of the Agency. If the requester
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68503
wishes to seek review by a court of any
adverse determination, the requester
must first appeal it under this section.
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Dated: Washington, DC, November 29,
2007.
By Direction of the Board.
Lester A. Heltzer,
Executive Secretary.
[FR Doc. E7–23521 Filed 12–4–07; 8:45 am]
BILLING CODE 7545–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–07–158]
Drawbridge Operation Regulations;
Cheesequake Creek, Morgan, NJ
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the New Jersey Transit
Rail Operation (NJTRO) Railroad Bridge
across Cheesequake Creek, mile 0.2, at
Morgan, New Jersey. Under this
temporary deviation, the bridge may
remain in the closed position from
January 2, 2008 through March 31, 2008.
Vessels that can pass under the draw
without a bridge opening may do so at
all times. This deviation is necessary to
facilitate scheduled bridge maintenance.
DATES: This deviation is effective from
January 2, 2008 through March 31, 2008.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at the First Coast Guard
District, Bridge Branch Office, One
South Street, New York, New York
10004, between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is (212)
668–7165. The First Coast Guard
District Bridge Branch Office maintains
the public docket for this temporary
deviation.
Joe
Arca, Project Officer, First Coast Guard
District, at (212) 668–7069.
SUPPLEMENTARY INFORMATION: The
NJTRO railroad bridge has a vertical
clearance of 3 feet at mean high water,
and 8 feet at mean low water in the
closed position. The existing
drawbridge operating regulations, listed
at 33 CFR 117.709(b), require the bridge
to open on signal; except that, at least
FOR FURTHER INFORMATION CONTACT:
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05DER1
68504
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
a four hour notice for bridge openings
is required from January 1 through
March 31 from 6 p.m. to 6 a.m.
The bridge owner, New Jersey Transit
Rail Operations (NJTRO), requested a
bridge closure to facilitate structural and
mechanical rehabilitation at the NJTRO
railroad bridge.
Under this temporary deviation, the
NJTRO railroad bridge may remain
closed to navigation from January 1,
2008 through March 31, 2008. Vessels
that can pass under the bridge without
an opening may do so at all times.
A small number of fishing boats are
docked upstream from the NJTRO
railroad bridge; however, Cheesequake
Creek is predominantly a recreational
waterway. From January through March,
the recreational vessels are in winter
storage and the waterway is normally
not transited. The Coast Guard met with
the mariners to discuss this bridge
project and related closure. The
mariners agreed with the closure dates
since that is the time period the bridge
seldom opens and the waterway is
normally frozen.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Should the bridge maintenance
authorized by this temporary deviation
be completed before the end of the
effective period published in this notice,
the Coast Guard will rescind the
remainder of this temporary deviation,
and the bridge shall be returned to its
normal operating schedule. Notice of
the above action shall be provided to the
public in the Local Notice to Mariners
and the Federal Register, where
practicable.
Dated: November 26, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E7–23568 Filed 12–4–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. CGD01-07-150]
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RIN 1625-AA00
Safety Zone: Wantagh Parkway 3
Bridge over the Sloop Channel, Town
of Hempstead, New York
AGENCY:
Coast Guard, DHS.
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ACTION:
Temporary final rule.
SUMMARY: The Coast Guard is extending
the effective period of a temporary
safety zone previously established on
the waters surrounding the Wantagh
Parkway Number 3 Bridge across the
Sloop Channel in Town of Hempstead,
New York. The extended effective
period of this zone is necessary to
protect vessels transiting in the area
from hazards imposed by construction
barges and equipment that are being
utilized to construct a new bascule
bridge over the Sloop Channel. Entry
into this zone is prohibited unless
authorized by the Captain of the Port
Long Island Sound, New Haven,
Connecticut.
DATES: This rule is effective from
January 4, 2008 until 11:59 p.m. June
30, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD01-07-150
and will be available for inspection or
copying at Sector Long Island Sound,
New Haven, CT, between 9 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant D. Miller, Assistant Chief,
Waterways Management Division, Coast
Guard Sector Long Island Sound at (203)
468-4596.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553 (b)(B),
the Coast Guard finds that good cause
exists for not publishing an NPRM. Any
delay encountered in this regulation’s
effective date would be impracticable
and contrary to public interest since
immediate action to restrict and control
maritime traffic transiting in the vicinity
of the Sloop Channel under the
Wantagh Parkway Number 3 Bridge in
the Town of Hempstead, Nassau
County, Long Island, New York is
needed to ensure the safety of vessels
transiting the area.
In 2003, the Coast Guard approved
bridge construction and issued a permit
for bridge construction for the Wantagh
Parkway Number 3 Bridge over the
Sloop Channel. Contractors began work
constructing the two bascule piers for
the new bridge in early June 2004. A
safety zone was not deemed necessary at
the inception of the construction, as this
channel is primarily used by smaller
recreational vessels, which could
maneuver outside of the channel.
However, bridge construction
equipment that remains under the
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Wantagh Parkway Number 3 Bridge
poses a potential hazard greater than
originally anticipated. A safety zone was
deemed necessary and was established
on October 9, 2004 through December
31, 2004, the date when construction
impacting the navigable channel was
estimated to be complete. A second
safety zone was implemented on
January 1, 2005 and extended until
December 31, 2005 due to delays in
construction, requiring equipment to be
in the channel in a manner that would
leave the waterway unsafe to marine
traffic. Due to continued significant
delays in bridge construction, the safety
zone was extended until December 31,
2006. Construction delays continued
and the safety zone extended again to
December 31, 2007. The contractor for
this project continues to experience
significant delays in bridge
construction. In order to continue
construction in a more rapid and safe
manner, barges will need to
continuously block the channel under
the bridge. Accordingly, the New York
State Department of Transportation
(NYSDOT) has requested that a safety
zone be put in place through June 30,
2008. At that time, the construction
progress will allow the contractors to
remove the equipment from the
channel.
As the construction equipment is
presently obstructing the navigable
channel, immediate action is needed to
prevent accidents by limiting vessel
movement in the area with the
construction equipment. Traffic exists
in this area year round and increases
significantly in the summer months
with the return of recreational traffic.
Background and Purpose
Currently, there is a fixed bridge over
the Wantagh Parkway Number 3 Bridge
over the Sloop Channel in the Town of
Hempstead, New York. New York
Department of Transportation
determined that a moveable bridge
would benefit the boating community.
In 2003, the Coast Guard approved
bridge construction and issued a permit
for bridge construction for the Wantagh
Parkway Number 3 Bridge over the
Sloop Channel. Contractors began work
constructing the two-bascule piers for
the new bridge in early June 2004. The
equipment necessary for the
construction of the bridge occupies the
entire navigable channel. While there
are side channels, which can be
navigated, the equipment in the channel
is extensive and poses a hazard to
recreational vessels attempting to transit
the waterway via the side channels
under the bridge. Construction,
requiring equipment in the navigable
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05DER1
Agencies
[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Rules and Regulations]
[Pages 68503-68504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23568]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-07-158]
Drawbridge Operation Regulations; Cheesequake Creek, Morgan, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations.
-----------------------------------------------------------------------
SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
New Jersey Transit Rail Operation (NJTRO) Railroad Bridge across
Cheesequake Creek, mile 0.2, at Morgan, New Jersey. Under this
temporary deviation, the bridge may remain in the closed position from
January 2, 2008 through March 31, 2008. Vessels that can pass under the
draw without a bridge opening may do so at all times. This deviation is
necessary to facilitate scheduled bridge maintenance.
DATES: This deviation is effective from January 2, 2008 through March
31, 2008.
ADDRESSES: Materials referred to in this document are available for
inspection or copying at the First Coast Guard District, Bridge Branch
Office, One South Street, New York, New York 10004, between 7 a.m. and
3 p.m., Monday through Friday, except Federal holidays. The telephone
number is (212) 668-7165. The First Coast Guard District Bridge Branch
Office maintains the public docket for this temporary deviation.
FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast
Guard District, at (212) 668-7069.
SUPPLEMENTARY INFORMATION: The NJTRO railroad bridge has a vertical
clearance of 3 feet at mean high water, and 8 feet at mean low water in
the closed position. The existing drawbridge operating regulations,
listed at 33 CFR 117.709(b), require the bridge to open on signal;
except that, at least
[[Page 68504]]
a four hour notice for bridge openings is required from January 1
through March 31 from 6 p.m. to 6 a.m.
The bridge owner, New Jersey Transit Rail Operations (NJTRO),
requested a bridge closure to facilitate structural and mechanical
rehabilitation at the NJTRO railroad bridge.
Under this temporary deviation, the NJTRO railroad bridge may
remain closed to navigation from January 1, 2008 through March 31,
2008. Vessels that can pass under the bridge without an opening may do
so at all times.
A small number of fishing boats are docked upstream from the NJTRO
railroad bridge; however, Cheesequake Creek is predominantly a
recreational waterway. From January through March, the recreational
vessels are in winter storage and the waterway is normally not
transited. The Coast Guard met with the mariners to discuss this bridge
project and related closure. The mariners agreed with the closure dates
since that is the time period the bridge seldom opens and the waterway
is normally frozen.
In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.
Should the bridge maintenance authorized by this temporary
deviation be completed before the end of the effective period published
in this notice, the Coast Guard will rescind the remainder of this
temporary deviation, and the bridge shall be returned to its normal
operating schedule. Notice of the above action shall be provided to the
public in the Local Notice to Mariners and the Federal Register, where
practicable.
Dated: November 26, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E7-23568 Filed 12-4-07; 8:45 am]
BILLING CODE 4910-15-P