Drawbridge Operation Regulations; Hackensack River, Jersey City, NJ, Maintenance, 63632-63633 [E8-25520]

Download as PDF 63632 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations employers, and it does not establish new rights and obligations (see Public Citizen v. Department of State, 276 F.3d 634, 640–41 (D.C. Cir. 2002); American Hospital Ass’n v. Bowen, 834 F.2d 1037, 1047 (D.C. Cir. 1987)). Under this rulemaking, VETS is merely consolidating and correcting conditional, outdated information contained in the appendix to its USERRA regulations, and permitting employers to retain the current, uncorrected notices that inform employees of the rights, benefits, and obligations of employees and employers under USERRA. This rulemaking imposes no economic burden on employers subject to USERRA employee-notification requirements because covered employers can comply with these requirements by posting in the workplace the text of the original USERRA rights notice provided by VETS in a previous rulemaking. Further, this rule results in no burdens under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) or the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), and is not a significant regulatory action under section 3(f) of Executive Order 12866 (58 FR 51735; September 30, 1993). List of Subjects in 20 CFR Part 1002 Administrative practice and procedure, Employment, Enforcement, Labor, Veterans, Working conditions. Authority: 38 U.S.C. 4331(a), 4334(b); Secretary of Labor’s Order No. 03–2004. Signed at Washington, DC, on October 9, 2008. John M. McWilliam, Deputy Assistant Secretary of Labor for Veterans’ Employment and Training. Based on the explanations provided by the preamble, VETS is amending 20 CFR part 1002 as follows: ■ PART 1002—REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 1. The authority citation for part 1002 continues to read as follows: ■ Authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103–353, 108 Stat. 3150). 2. Revise the Appendix to part 1002 to read as follows: sroberts on PROD1PC70 with RULES ■ Appendix to Part 1002—Notice of Your Rights Under USERRA Pursuant to 38 U.S.C. 4334(a), each employer shall provide to persons entitled to VerDate Aug<31>2005 18:13 Oct 24, 2008 Jkt 214001 rights and benefits under USERRA a notice of the rights, benefits, and obligations of such persons and such employers under USERRA. The requirement for the provision of notice under this section may be met by posting the following notice where employers customarily place notices for employees. Posting one of the original notices published in 70 FR 75316 (Dec. 19, 2005) will also satisfy this requirement. The following text is provided by the Secretary of Labor to employers pursuant to 38 U.S.C. 4334(b). Text for Use by All Employers Your Rights Under USERRA A. The Uniformed Services Employment and Reemployment Rights Act USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. B. Reemployment Rights You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and: • You ensure that your employer receives advance written or verbal notice of your service; • You have five years or less of cumulative service in the uniformed services while with that particular employer; • You return to work or apply for reemployment in a timely manner after conclusion of service; and • You have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job. C. Right To Be Free From Discrimination and Retaliation If you: • Are a past or present member of the uniformed service; • Have applied for membership in the uniformed service; or • Are obligated to serve in the uniformed service; then an employer may not deny you • Initial employment; • Reemployment; • Retention in employment; • Promotion; or • Any benefit of employment because of this status. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. D. Health Insurance Protection • If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 dependents for up to 24 months while in the military. • Even if you do not elect to continue coverage during your military service, you have the right to be reinstated in your employer’s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for serviceconnected illnesses or injuries. E. Enforcement • The U.S. Department of Labor, Veterans’ Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1–866–4–USA–DOL or visit its Web site at http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed at http://www.dol.gov/elaws/ userra.htm. • If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, for representation. • You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA. The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the Internet at this address: http:// www.dol.gov/vets/programs/userra/ poster.htm. Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees. U.S. Department of Labor, Veterans’ Employment and Training Service, 1–866–487–2365. [FR Doc. E8–25447 Filed 10–24–08; 8:45 am] BILLING CODE 4510–79–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–1041] Drawbridge Operation Regulations; Hackensack River, Jersey City, NJ, Maintenance 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 Witt Penn Bridge across the Hackensack River, mile 3.1, at Jersey City, New Jersey. Under this temporary deviation the bridge may remain in the closed position for one E:\FR\FM\27OCR1.SGM 27OCR1 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations sroberts on PROD1PC70 with RULES day to facilitate bridge maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times. DATES: This deviation is effective from 7 a.m. to 3 p.m. on October 25, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 1041 and are available online at www.regulations.gov. They are also available for inspection or copying at two locations: the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Joe Arca, Project Officer, First Coast Guard District, at (212) 668–7165. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: The Witt Penn Bridge, across the Hackensack River, mile 3.1, at Jersey City, New Jersey, has a vertical clearance in the closed position of 35 feet at mean high water and 40 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.5. The waterway has seasonal recreational vessels, and commercial vessels of various sizes. The owner of the bridge, New Jersey Department of Transportation, requested a temporary deviation to facilitate the replacement of deflector sheaves at the bridge. Under this temporary deviation the Witt Penn Bridge may remain in the closed position from 7 a.m. to 3 p.m. on October 25, 2008. Vessels that can pass under the bridge without a bridge opening may do so at all times. 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. Dated: October 16, 2008. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E8–25520 Filed 10–24–08; 8:45 am] BILLING CODE 4910–15–P VerDate Aug<31>2005 17:05 Oct 24, 2008 Jkt 214001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–1007] Drawbridge Operation Regulations; Jamaica Bay, New York, NY, Maintenance Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Beach Channel Railroad Bridge at mile 6.7, across Jamaica Bay, at New York City, New York. Under this temporary deviation the Beach Channel Railroad Bridge may remain in the closed position for three weekends in November. This deviation is necessary to facilitate bridge track repairs. DATES: This deviation is effective from November 8, 2008 through November 23, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 10007 and are available online at www.regulations.gov. They are also available for inspection or copying at two locations: the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Judy Leung-Yee, Project Officer, First Coast Guard District, at (212) 668–7165. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The Beach Channel Railroad Bridge, across Jamaica Bay, mile 6.7, at New York, New York, has a vertical clearance in the closed position of 26 feet at mean high water and 31 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.5. The owner of the bridge, New York City Transit Authority, requested a SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 63633 temporary deviation to facilitate maintenance repairs to the bridge rails. Under this temporary deviation the Beach Channel Railroad Bridge need not open for the passage of vessel traffic on Saturday and Sunday between 6 a.m. and 9 p.m., on November 8, 9, 15, 16, 22, and 23, 2008. 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. Dated: October 16, 2008. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E8–25527 Filed 10–24–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–1052] RIN 1625–AA11 Regulated Navigation Area and Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is revising the dates and reinstating a temporary regulated navigation area and safety zone on the Chicago Sanitary and Ship Canal near Romeoville, IL. This regulated navigation area and safety zone places navigational and operational restrictions on all vessels transiting through the electrical dispersal barrier IIA. DATES: This rule is effective from October 16, 2008, to November 1, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 1052 and are available online by going to http://www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG–2008–1052 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. They are also available for inspection or copying at two locations: the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, E:\FR\FM\27OCR1.SGM 27OCR1

Agencies

[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Rules and Regulations]
[Pages 63632-63633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25520]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-1041]


Drawbridge Operation Regulations; Hackensack River, Jersey City, 
NJ, Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
Witt Penn Bridge across the Hackensack River, mile 3.1, at Jersey City, 
New Jersey. Under this temporary deviation the bridge may remain in the 
closed position for one

[[Page 63633]]

day to facilitate bridge maintenance. Vessels that can pass under the 
draw without a bridge opening may do so at all times.

DATES: This deviation is effective from 7 a.m. to 3 p.m. on October 25, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-1041 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and the First 
Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, 
Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Joe Arca, Project Officer, First Coast Guard District, at 
(212) 668-7165. If you have questions on viewing or submitting material 
to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:
    The Witt Penn Bridge, across the Hackensack River, mile 3.1, at 
Jersey City, New Jersey, has a vertical clearance in the closed 
position of 35 feet at mean high water and 40 feet at mean low water. 
The existing drawbridge operation regulations are listed at 33 CFR 
117.5.
    The waterway has seasonal recreational vessels, and commercial 
vessels of various sizes.
    The owner of the bridge, New Jersey Department of Transportation, 
requested a temporary deviation to facilitate the replacement of 
deflector sheaves at the bridge.
    Under this temporary deviation the Witt Penn Bridge may remain in 
the closed position from 7 a.m. to 3 p.m. on October 25, 2008. Vessels 
that can pass under the bridge without a bridge opening may do so at 
all times.
    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.

    Dated: October 16, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E8-25520 Filed 10-24-08; 8:45 am]
BILLING CODE 4910-15-P