Drawbridge Operation Regulation; Hood Canal, WA, 12514-12517 [2012-4928]
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12514
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Proposed Rules
Reporting and recordkeeping
requirements.
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
For the reasons set out above, 21 CFR
Part 1308 is proposed to be amended as
follows:
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
2. Section 1308.11 is amended by
redesignating paragraphs (d)(18)
through (35) as paragraphs (d)(19)
through (36) and adding a new
paragraph (d)(18) to read as follows:
§ 1308.11
*
Schedule I.
*
*
*
*
(d) * * *
(18) Cannabimimetic agents
(i) 1-Butyl-3-(1-naphthoyl)indole (Other names: JWH–073) ............................................................................................................
(ii) 5-(1,1-Dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol (Other names: CP–47,497) ..............................................................
(iii) 5-(1,1-Dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol (Other names: Cannabicyclohexanol and CP–47,497 C8 homologue) ...............................................................................................................................................................................................
(iv) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (Other names: JWH–200) ..........................................................................
(v) 1-Pentyl-3-(1-naphthoyl)indole (Other names: JWH–018 and AM678) .....................................................................................
*
*
*
*
*
misleading and are in need of
clarification.
Dated: February 24, 2012.
Michele M. Leonhart,
Administrator.
[FR Doc. 2012–4982 Filed 2–28–12; 11:15 am]
BILLING CODE 4410–09–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–157714–06]
RIN 1545–BG43
Determination of Governmental Plan
Status; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of public hearing on an
advance notice of proposed rulemaking;
correction.
AGENCY:
This document corrects a
notice of public hearing on an advance
proposed rulemaking (REG–157714–06)
that was published in the Federal
Register on Friday, February 3, 2012 (77
FR 5442) relating to the determination
of governmental plans.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Pamela Kinard at (202) 622–6060, and
regarding the submission of public
comments and the public hearing, Ms.
Oluwafunmilayo (Funmi) Taylor, at
(202) 622–7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
srobinson on DSK4SPTVN1PROD with PROPOSALS
SUMMARY:
Background
The notice of public hearing on an
advance notice proposed rulemaking
(REG–133233–08) that is the subject of
this correction is under section 414(d) of
the Internal Revenue Code.
Need for Correction
As published, REG–157714–06,
contains errors that may prove to be
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17:03 Feb 29, 2012
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Correction of Publication
Accordingly, the publication of the
notice of public hearing on an advance
proposed rulemaking (REG–157714–06)
which was the subject of FR. Doc. 2012–
2499, is corrected as follows:
■ 1. On page 5442, column 2, in the
preamble, under the caption DATES:, line
four, the language ‘‘Building. The IRS
must receive outlines’’ is corrected to
read ‘‘Building. Written or electronic
comments must be received by June 18,
2012. The IRS must receive outlines’’
■ 2. On page 5442, column 2, in the
preamble, under the caption
ADDRESSES:, second paragraph, first
line, the language ‘‘Mail outlines to
CC:PA:LPD:PR (REG-’’ is corrected to
read ’’ Mail submissions and outlines to
CC:PA:LPD:PR (REG-‘‘.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2012–4905 Filed 2–29–12; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0074, Formerly
USCG–2011–0314]
RIN 1625–AA09
Drawbridge Operation Regulation;
Hood Canal, WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the drawbridge operating
regulation for the Hood Canal floating
drawbridge near Port Gamble. This
SUMMARY:
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modification would relieve heavy rush
hour road traffic on State Routes 3 and
104, by allowing the draws of the bridge
to not open for maritime traffic during
afternoon rush hour in the summer
months.
DATES: Comments and related material
must reach the Coast Guard on or before
April 16, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0074 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. 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 rule, call or
email the Bridge Administrator, Coast
Guard Thirteenth District; telephone
206–220–7282 email
randall.d.overton@uscg.mil. 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:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Proposed Rules
comments received will be posted,
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
srobinson on DSK4SPTVN1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0074),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2012–0074’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert USCG–2012–
0074 and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
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17:03 Feb 29, 2012
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of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC, 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before April 2, 2012, using
one of the four methods specified under
ADDRESSES. Please explain why one
would be beneficial. If we determine
that a public meeting would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Basis and Purpose
Senator Phil Rockefeller and
Representative Christine Rolfes of the
Washington State Legislature requested
that the operating regulations of the
Hood Canal Bridge be changed to
provide some relief to road traffic on
State Routes 3 and 104. Traffic queues
south of the eastern end of the bridge
can be in excess of 45 minutes during
and after openings of the draw span.
The stopped road traffic on this twolane highway blocks access to
intersecting streets along the queue. The
current operating regulations for the
bridge are found at 33 CFR 117.1045.
Per existing operating regulations, the
bridge shall open on signal if at least
one hour notice is provided and that the
draw shall be opened horizontally for
three hundred feet unless the maximum
opening of 600 feet is requested. The
current regulations remain in effect
except for the establishment of the
restricted period. Navigation on the
waterway consists of commercial tugs
with tows, recreational vessels of
various sizes, commercial fishing
vessels, and U.S. naval vessels with
escort vessels including those of the
U.S. Coast Guard. This proposed change
to the Hood Canal draw span operating
schedule will not affect commercial tug
and tow vessels nor will it affect U.S.
Naval Vessels or vessels in service to the
U.S. Navy or other pubic vessels of the
United States because pursuant to the
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modification, the bridge is required to
open for these types of vessels during
the restricted period. The Coast Guard
conducted a test deviation of the bridge
operating schedule from May 27, 2011
through September 30, 2011 during
which the bridge was not required to
open from 3 p.m. to 6 p.m. except for
U.S. Navy Vessels and vessels attending
the missions of the U.S. Navy. This test
deviation was published in the Federal
Register under docket number USCG–
2010–0314 and comments were received
and evaluated during the comment
period which ended November 30,
2011.
Comments received, during the test
deviation, from waterway and roadway
users as well as public and private
interest were evaluated and considered
while developing this proposed
deviation.
Discussion of Proposed Rule
The proposed deviation will allow the
bridge to not open for vessel traffic from
3 p.m. to 6:15 p.m. daily from 3 p.m.
May 22 to 6:15 p.m. September 30
except for commercial tug and tow
vessels and vessels of the U.S. Navy or
vessels attending the missions of the
U.S. Navy and other public vessels of
the United States. At all other times the
bridge will operate in accordance with
33 CFR 117.1045.
The Hood Canal Bridge provides three
navigational openings for vessel
passage, the movable floating span,
subject to this proposed change, and
two fixed navigational openings; one on
the east end of the bridge at Salsbury
Point, and one on the west end of the
bridge at Termination Point. The fixed
navigational opening on the east end of
the bridge provides a horizontal
clearance of 230 feet and a vertical
clearance of 50 feet above mean high
water. The opening on the west end of
the bridge provides a horizontal
clearance of 230 feet and a vertical
clearance of 35 feet above mean high
water. Vessels that are able to safely
pass through the fixed navigational
openings are allowed to do so during
the restricted period.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, as
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Proposed Rules
supplemented by Executive Order
13563, and does not require an
assessment of potential costs and
benefits under section 6(a)(3) of
Executive Order 12866. The Office of
Management and Budget has not
reviewed it under that Order. We have
reached this conclusion by the fact that
commercial tow vessels and U.S. Naval
Vessels are exempt from the restricted
openings. Vessels that would be
primarily affected are recreational
vessels that are not able to pass through
the fixed navigational channels of the
bridge. Vessels affected by the restricted
opening schedule will be able to plan
their trips to avoid the restricted period.
srobinson on DSK4SPTVN1PROD with PROPOSALS
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would
primarily affect recreational sailboats
which have mast heights that preclude
them from passing under the fixed
navigational openings in the bridge.
Vessels which require an opening will
be informed of the restricted closure
period via the Coast Guard’s Local
Notice to Mariners which will allow
them to plan trips to avoid this time
frame.
If you think your business,
organization or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Randall
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Overton, Coast Guard Bridge
Administrator, 13th Coast Guard
District, at (206) 220–7282. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
and Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Proposed Rules
the human environment because it
simply promulgates the operating
regulations or procedures for
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 117.1045 by adding the
below text as paragraph (b) and
changing the current paragraph (b) to
read (c) and current paragraph (c) to
read (d):
§ 117.1045
Hood Canal.
(b) The draw of the Hood Canal
Bridge, mile 5.0, need not open for
vessel traffic from 3 p.m. to 6:15 p.m.
daily from 3 p.m. May 22 to 6:16 p.m.
September 30, except for commercial
tug and tow vessels and vessels of the
U.S. Navy or vessels attending the
missions of the U.S. Navy and other
public vessels of the United States. At
all other times the bridge will operate in
accordance with subparagraph (a) of this
section.
Dated: February 6, 2012.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard Commander,
Thirteenth Coast Guard District.
[FR Doc. 2012–4928 Filed 2–29–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AN99
VA Dental Insurance Program
Department of Veterans Affairs
and Department of Defense.
ACTION: Proposed rule.
srobinson on DSK4SPTVN1PROD with PROPOSALS
AGENCY:
The Department of Veterans
Affairs (VA) proposes to amend its
regulations to establish a pilot program
to offer premium-based dental insurance
to enrolled veterans and certain
survivors and dependents of veterans.
VA would contract with a private
SUMMARY:
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insurer through the Federal contracting
process to offer dental insurance, and
the private insurer would then be
responsible for the administration of the
dental insurance plan. VA’s role would
primarily be to form the contract with
the private insurer and verify the
eligibility of veterans, survivors, and
dependents. The program is authorized,
and this rulemaking is required, by
section 510 of the Caregivers and
Veterans Omnibus Health Services Act
of 2010 (the 2010 Act).
DATES: Comments must be received by
VA on or before April 30, 2012.
ADDRESSES: Written comments may be
submitted through https://
www.regulations.gov; by mail or hand
delivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AN99, VA Dental Insurance Program.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m., Monday
through Friday (except holidays). Please
call (202) 461–4902 (this is not a tollfree number) for an appointment. In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kristin Cunningham, Director, Business
Policy, Chief Business Office (10NB),
Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420; (202) 461–1599. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: Pursuant
to section 510(a) of the 2010 Act, VA
‘‘shall carry out a pilot program to
assess the feasibility and advisability of
providing a dental insurance plan to
veterans and survivors and dependents
of veterans.’’ In order to comply with
section 510, VA would contract with a
private dental insurer that would offer
dental coverage to the persons identified
in section 510(b) of the 2010 Act. This
proposed rule would establish rules and
procedures for the VA Dental Insurance
Program (VADIP), in accordance with
section 510(k) of the 2010 Act, which
requires VA to prescribe regulations.
Section 510(c) of the 2010 Act is a
‘‘sunset provision’’ that authorizes
VADIP to run from January 30, 2011, to
January 30, 2014. Public Law 111–163,
§ 510(c) (‘‘The pilot program shall be
carried out during the 3-year program
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12517
beginning on the date that is 270 days
after enactment of this Act,’’ which was
May 5, 2010). However, we would not
include that date limitation in the
proposed rule, as we were not able to
begin the pilot program on January 30,
2011, due to the need to prescribe
regulations, a time-intensive process.
We nonetheless interpret section 510(c)
to require that the pilot program be
administered for no less than three
years, and would conduct the program
for three years once commenced. Our
interpretation is further supported by
the Secretary’s duty as stated in section
510(a) of the 2010 Act, to ‘‘assess the
feasibility and advisability of providing
a dental insurance plan to veterans and
survivors and dependants of veterans’’,
and we believe that this assessment
would be incomplete unless afforded
the full duration of the program as
prescribed by law. We can easily ensure
the termination of VADIP through
contract if no extension is provided and
the program is no longer authorized by
law. If VADIP is not extended, we
would remove the rule from the Code of
Federal Regulations and, in the
meantime, would no longer offer the
benefit.
Paragraph (a)(1) of proposed § 17.169
would generally establish VADIP and
explain what the program provides. We
would note that ‘‘[e]nrollment in VADIP
does not affect the covered beneficiary’s
eligibility for VA outpatient dental
services and treatment, and related
dental appliances under 38 U.S.C.
1712.’’ This reiterates the requirement
in section 510(j) of the 2010 Act.
Proposed paragraph (a)(2) would
define the terms ‘‘insured’’ and
‘‘participating insurer,’’ which are used
throughout the proposed rule to identify
persons enrolled in an insurance plan
through VADIP and providers of VADIP
insurance, respectively. Defining the
terms as such would help ensure that
the proposed rule is easily understood.
Proposed paragraph (b) would
identify the persons who are eligible for
insurance through VADIP, and would
require that a participating insurer offer
coverage to such persons. These
individuals are clearly identified by
section 510(b) of the 2010 Act, and the
proposed rule would use language that
is virtually identical to the language
used in section 510(b). We would
require that a participating insurer offer
coverage to all persons identified in the
paragraph in order to ensure that we
have fully assessed the feasibility and
advisability of VADIP, as required by
section 510(a) of the 2010 Act. We note
that we would not geographically limit
coverage by regulation, but would allow
the participating insurer to incorporate
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Agencies
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Proposed Rules]
[Pages 12514-12517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4928]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0074, Formerly USCG-2011-0314]
RIN 1625-AA09
Drawbridge Operation Regulation; Hood Canal, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the drawbridge operating
regulation for the Hood Canal floating drawbridge near Port Gamble.
This modification would relieve heavy rush hour road traffic on State
Routes 3 and 104, by allowing the draws of the bridge to not open for
maritime traffic during afternoon rush hour in the summer months.
DATES: Comments and related material must reach the Coast Guard on or
before April 16, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0074 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
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 rule,
call or email the Bridge Administrator, Coast Guard Thirteenth
District; telephone 206-220-7282 email randall.d.overton@uscg.mil. 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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All
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comments received will be posted, without change to https://www.regulations.gov and will include any personal information you have
provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0074), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (https://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via https://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2012-0074'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert USCG-2012-0074 and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC, 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before April 2, 2012, using one of the four
methods specified under ADDRESSES. Please explain why one would be
beneficial. If we determine that a public meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Basis and Purpose
Senator Phil Rockefeller and Representative Christine Rolfes of the
Washington State Legislature requested that the operating regulations
of the Hood Canal Bridge be changed to provide some relief to road
traffic on State Routes 3 and 104. Traffic queues south of the eastern
end of the bridge can be in excess of 45 minutes during and after
openings of the draw span. The stopped road traffic on this two-lane
highway blocks access to intersecting streets along the queue. The
current operating regulations for the bridge are found at 33 CFR
117.1045. Per existing operating regulations, the bridge shall open on
signal if at least one hour notice is provided and that the draw shall
be opened horizontally for three hundred feet unless the maximum
opening of 600 feet is requested. The current regulations remain in
effect except for the establishment of the restricted period.
Navigation on the waterway consists of commercial tugs with tows,
recreational vessels of various sizes, commercial fishing vessels, and
U.S. naval vessels with escort vessels including those of the U.S.
Coast Guard. This proposed change to the Hood Canal draw span operating
schedule will not affect commercial tug and tow vessels nor will it
affect U.S. Naval Vessels or vessels in service to the U.S. Navy or
other pubic vessels of the United States because pursuant to the
modification, the bridge is required to open for these types of vessels
during the restricted period. The Coast Guard conducted a test
deviation of the bridge operating schedule from May 27, 2011 through
September 30, 2011 during which the bridge was not required to open
from 3 p.m. to 6 p.m. except for U.S. Navy Vessels and vessels
attending the missions of the U.S. Navy. This test deviation was
published in the Federal Register under docket number USCG-2010-0314
and comments were received and evaluated during the comment period
which ended November 30, 2011.
Comments received, during the test deviation, from waterway and
roadway users as well as public and private interest were evaluated and
considered while developing this proposed deviation.
Discussion of Proposed Rule
The proposed deviation will allow the bridge to not open for vessel
traffic from 3 p.m. to 6:15 p.m. daily from 3 p.m. May 22 to 6:15 p.m.
September 30 except for commercial tug and tow vessels and vessels of
the U.S. Navy or vessels attending the missions of the U.S. Navy and
other public vessels of the United States. At all other times the
bridge will operate in accordance with 33 CFR 117.1045.
The Hood Canal Bridge provides three navigational openings for
vessel passage, the movable floating span, subject to this proposed
change, and two fixed navigational openings; one on the east end of the
bridge at Salsbury Point, and one on the west end of the bridge at
Termination Point. The fixed navigational opening on the east end of
the bridge provides a horizontal clearance of 230 feet and a vertical
clearance of 50 feet above mean high water. The opening on the west end
of the bridge provides a horizontal clearance of 230 feet and a
vertical clearance of 35 feet above mean high water. Vessels that are
able to safely pass through the fixed navigational openings are allowed
to do so during the restricted period.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as
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supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866. The Office of Management and Budget has not
reviewed it under that Order. We have reached this conclusion by the
fact that commercial tow vessels and U.S. Naval Vessels are exempt from
the restricted openings. Vessels that would be primarily affected are
recreational vessels that are not able to pass through the fixed
navigational channels of the bridge. Vessels affected by the restricted
opening schedule will be able to plan their trips to avoid the
restricted period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would primarily affect
recreational sailboats which have mast heights that preclude them from
passing under the fixed navigational openings in the bridge. Vessels
which require an opening will be informed of the restricted closure
period via the Coast Guard's Local Notice to Mariners which will allow
them to plan trips to avoid this time frame.
If you think your business, organization or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Randall Overton, Coast Guard
Bridge Administrator, 13th Coast Guard District, at (206) 220-7282. The
Coast Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on
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the human environment because it simply promulgates the operating
regulations or procedures for drawbridges. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Amend Sec. 117.1045 by adding the below text as paragraph (b)
and changing the current paragraph (b) to read (c) and current
paragraph (c) to read (d):
Sec. 117.1045 Hood Canal.
(b) The draw of the Hood Canal Bridge, mile 5.0, need not open for
vessel traffic from 3 p.m. to 6:15 p.m. daily from 3 p.m. May 22 to
6:16 p.m. September 30, except for commercial tug and tow vessels and
vessels of the U.S. Navy or vessels attending the missions of the U.S.
Navy and other public vessels of the United States. At all other times
the bridge will operate in accordance with subparagraph (a) of this
section.
Dated: February 6, 2012.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. 2012-4928 Filed 2-29-12; 8:45 am]
BILLING CODE 9110-04-P