Drawbridge Operation Regulation; Newark Bay, Newark, NJ, 60116-60117 [2017-27298]
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Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Rules and Regulations
2. Add § 886.5300 to subpart F to read
as follows:
■
§ 886.5300
Tear electrostimulation device.
(a) Identification. A tear
electrostimulation device is a nonimplantable, electrostimulation device
intended to increase tear production.
(b) Classification. Class II (special
controls). The special controls for this
device are:
(1) Non-clinical performance testing
must assess the following electrical
output specifications: waveforms,
output modes, maximum output
voltage, maximum output current, pulse
duration, frequency, net charge per
pulse, maximum phase charge at 500
ohms, maximum current density,
maximum average current, and
maximum average power density.
(2) Patient-contacting components of
the device must be demonstrated to be
biocompatible.
(3) Performance testing must
demonstrate the electrical, thermal, and
mechanical safety along with
electromagnetic compatibility (EMC) of
the device in the intended use
environment.
(4) Software verification, validation,
and hazard analysis must be performed.
(5) Physician and patient labeling
must include:
(i) Summaries of electrical stimulation
parameters;
(ii) Instructions on how to correctly
use and maintain the device;
(iii) Instructions and explanations of
all user-interface components;
(iv) Information related to
electromagnetic compatibility
classification; and
(v) Instructions on how to clean the
device.
Dated: December 13, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017–27280 Filed 12–18–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
sradovich on DSK3GMQ082PROD with RULES
[Docket No. USCG–2017–1026]
Drawbridge Operation Regulation;
Newark Bay, Newark, NJ
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
SUMMARY:
VerDate Sep<11>2014
16:00 Dec 18, 2017
Jkt 244001
schedule that governs the Lehigh Valley
Railroad Bridge across the Newark Bay,
mile 4.3, at Newark, New Jersey. The
deviation is necessary to test a change
to the drawbridge operation schedule to
determine whether a permanent change
to the schedule is needed. This
deviation allows the Lehigh Valley RR
Bridge to operate under an alternate
schedule for ninety (90) days to alleviate
high volume of rail service across the
Lehigh Valley RR Bridge and to better
accommodate vessel traffic.
DATES: This deviation is effective from
12:01 a.m. on January 1, 2018 to 11:59
p.m. on March 31, 2018.
Comments and related material must
reach by the Coast Guard on or before
March 31, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–1026 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
signal if at least one hour advance
notice is given.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. There are no alternate
routes. The bridge will be able to open
for emergencies.
The Coast Guard contacted the
waterway users regarding this proposed
temporary deviation to test a proposed
change to the Drawbridge Operation
Regulations and no objections were
received. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast
Notices to Mariners and other
appropriate local media of the change in
operating schedule for the bridge so that
vessel operators may arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
If
you have questions on this temporary
deviation, call or email Judy K. LeungYee, Project Officer, First Coast Guard
District; telephone 212–514–4336, email
Judy.K.Leung-Yee@uscg.mil.
SUPPLEMENTARY INFORMATION:
II. Public Participation and Request for
Comments
FOR FURTHER INFORMATION CONTACT:
I. Background, Purpose and Legal Basis
The Lehigh Valley Railroad Bridge
across the Newark Bay, mile 4.3, at
Newark, New Jersey is a lift bridge with
a vertical clearance of 35 feet at mean
high water and 39 feet at mean low
water in the closed position. The
existing drawbridge operating
regulations are listed at 33 CFR 117.5
and 33 CFR 117.735.
The owner of the bridge, Consolidated
Rail Corporation, requested a change to
the Drawbridge Operation Regulations
because the volume of train traffic and
maneuvering of train movements from
the adjacent rail yard across the bridge
cause significant delays to marine
traffic.
The waterway users are seasonal
recreational vessels and commercial
vessels of various sizes.
The Coast Guard is publishing this
temporary deviation to test the proposed
regulation change to determine whether
a permanent change to the schedule is
necessary to better balance the needs of
marine and rail traffic.
Under this deviation, in effect from
12:01 a.m. on January 1, 2018 to 11:59
p.m. on March 31, 2018, the Lehigh
Valley Railroad Bridge will open on
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We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicating the specific section of this
document to which each comment
applies, and provide reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
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 https://
www.regulations.gov and will include
any person information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this notice
as being available in this docket and all
public comments, will be in our online
docket at https://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.
E:\FR\FM\19DER1.SGM
19DER1
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Rules and Regulations
Dated: December 14, 2017.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–27298 Filed 12–18–17; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 501
Revisions to the Requirements for
Authority To Manufacture and
Distribute Postage Evidencing
Systems; Customized Postage
Products
Postal Service.
Final rule.
AGENCY:
ACTION:
In January, 2017, the Postal
Service proposed to amend its Postage
Evidencing Systems regulations to
standardize requirements for the
authorization to produce Customized
Postage, a Special Service approved by
the Postal Regulatory Commission.
Comments were received by all
authorized providers of Customized
Postage products and the Alliance of
Nonprofit Mailers. The Postal Service
considered these comments and
addresses them below.
Customized Postage products are
provided through authorized Postage
Evidencing System manufacturerdistributors or through companies
affiliated with authorized Postage
Evidencing System manufacturerdistributors and approved by the Postal
Service. During the development of the
Customized Postage program,
requirements for authorization to
produce Customized Postage products
were described in Federal Register
notices and in individual approval
letters issued to providers. These final
rules give regulatory form to the existing
requirements for authorization to
produce Customized Postage products,
and incorporate procedures for the
protection of Postal Service business
interests. Existing providers of
Customized Postage products may
continue provision of Customized
Postage products subject to these final
rules upon their effective date, which
coincides with renewal of the product
year, and any requirements set forth in
individual authorization letters.
DATES: These amendments take effect on
May 15, 2018.
FOR FURTHER INFORMATION CONTACT:
Christy Noel, Legal Policy & Legislative
Advice, U.S. Postal Service, (202) 268–
3484.
SUPPLEMENTARY INFORMATION: The Postal
Reorganization Act authorizes the Postal
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:00 Dec 18, 2017
Jkt 244001
Service to provide such evidence of
postage payment ‘‘as may be necessary
or desirable.’’ 39 U.S.C. 404(a)(4). The
Postal Service exercises this authority
through 39 CFR part 501, which protects
postal revenues by regulation of
manufacturer-distributors of Postage
Evidencing Systems. Customized
Postage products were developed
through market tests allowing
Authorized Postage Evidencing System
providers to combine evidence of
prepayment of postage with a customerselected or customer-provided graphic
image for printing and fulfillment. See,
70 FR 21821 (April 27, 2005); 71 FR
12718 (March 13, 2006). Subsequently,
Customized Postage was approved as a
Special Service by the Postal Regulatory
Commission. See, 75 FR 11452, 11459
(March 11, 2010). The amendments to
39 CFR part 501 create standardized
definitions, requirements, and
procedures applicable to the
authorization to provide Customized
Postage products, and incorporate
protections for the Postal Service’s legal,
financial, and brand interests.
All comments received in response to
the proposed rules published at 82 FR
1294 (January 5, 2017) requested the
creation of a nonprofit category of
content in addition to the strictly
commercial or limited social categories
of content designated as eligible for
customer-provided or customer-selected
images. All comments claimed that the
inclusion of an eligible nonprofit
content category would increase
program revenues, and the Alliance of
Nonprofit Mailers specifically alleged
that excluding nonprofit content from
the categories of eligible content would
constitute unlawful discrimination
against nonprofit mailers. The Postal
Service disagrees on both counts.
Customized Postage products are not
U.S. stamps; they are a specialized form
of evidence of prepayment of postage
offered through statutory authority
contained in 39 U.S.C. 404(a)(4).
Because they share the function and
appearance of U.S. stamps, however, the
Postal Service must limit eligible private
content to protect its own business and
brand interests against dilution, false
attribution, appearances of
endorsement, and other potential
impacts. The First Amendment requires
that such content- or speaker-based
restrictions be reasonable and
viewpoint-neutral. See, Matal v. Tam,
137 S.Ct. 1744, 1763 (2017). Selective
acceptance of only those nonprofit
causes or organizations that do not
present threats to the Postal Service’s
brand would constitute impermissible
viewpoint discrimination, which would
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60117
endanger the entire program. Such legal
risks would offset any potential revenue
increases attributable to the eligibility of
nonprofit content. Excluding entire
categories of content altogether to help
avoid unlawful viewpoint
discrimination is an eminently
reasonable limitation made in
accordance with First Amendment
principles. This exclusion does not
constitute unlawful discrimination
against nonprofit mailers, who may
purchase Customized Postage products
subject to the same terms and
conditions as other users of the mail.
Comments from existing providers
argued that Customized Postage
restrictions should be uniformly applied
across other Postal Service programs or
products that allow some degree of
customization. However, tailoring
content restrictions to the unique
context of each of its various
customizable products or programs is
necessary to serve the Postal Service’s
diverse interests and goals and is
consistent with First Amendment forum
analysis.
Comments from Authorized Postage
Evidencing System providers also
requested acceptance of otherwise
eligible images containing incidental
depictions of certain prohibited content.
For alcohol, tobacco, gambling, and
weapons, the Postal Service agrees that
allowing incidental depictions of these
prohibited categories of content
contained within otherwise eligible
images would be consistent with
program purposes while maintaining or
increasing revenues. For example, an
image of toasting wedding celebrants
may remain eligible despite depictions
of alcohol, an image of an armed
services member may remain eligible
despite depictions of weaponry, and so
on. However, for religious, violent, or
political content, the Postal Service does
not agree that incidental depictions of
these prohibited categories of content
contained within otherwise eligible
images would be consistent with
program purposes. Such an expansion
would delegate unduly fine-grained
distinctions to providers and increase
First Amendment and brand liability.
The eligibility of alcoholic beverage
logos in the commercial content
category was requested. Although
allowing incidental depictions of
alcohol in a commercial or social
context, as explained above, is
acceptable under the final rules,
allowing the non-incidental display of
logos promoting alcoholic beverage
sales creates more brand risks, and
arguably opens other commercial
categories that the Postal Service may be
compelled to accept by First
E:\FR\FM\19DER1.SGM
19DER1
]]>Agencies
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Rules and Regulations]
[Pages 60116-60117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27298]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-1026]
Drawbridge Operation Regulation; Newark Bay, Newark, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of deviation from drawbridge regulations.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Lehigh Valley Railroad Bridge
across the Newark Bay, mile 4.3, at Newark, New Jersey. The deviation
is necessary to test a change to the drawbridge operation schedule to
determine whether a permanent change to the schedule is needed. This
deviation allows the Lehigh Valley RR Bridge to operate under an
alternate schedule for ninety (90) days to alleviate high volume of
rail service across the Lehigh Valley RR Bridge and to better
accommodate vessel traffic.
DATES: This deviation is effective from 12:01 a.m. on January 1, 2018
to 11:59 p.m. on March 31, 2018.
Comments and related material must reach by the Coast Guard on or
before March 31, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-1026 using Federal eRulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Judy K. Leung-Yee, Project Officer,
First Coast Guard District; telephone 212-514-4336, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Background, Purpose and Legal Basis
The Lehigh Valley Railroad Bridge across the Newark Bay, mile 4.3,
at Newark, New Jersey is a lift bridge with a vertical clearance of 35
feet at mean high water and 39 feet at mean low water in the closed
position. The existing drawbridge operating regulations are listed at
33 CFR 117.5 and 33 CFR 117.735.
The owner of the bridge, Consolidated Rail Corporation, requested a
change to the Drawbridge Operation Regulations because the volume of
train traffic and maneuvering of train movements from the adjacent rail
yard across the bridge cause significant delays to marine traffic.
The waterway users are seasonal recreational vessels and commercial
vessels of various sizes.
The Coast Guard is publishing this temporary deviation to test the
proposed regulation change to determine whether a permanent change to
the schedule is necessary to better balance the needs of marine and
rail traffic.
Under this deviation, in effect from 12:01 a.m. on January 1, 2018
to 11:59 p.m. on March 31, 2018, the Lehigh Valley Railroad Bridge will
open on signal if at least one hour advance notice is given.
Vessels able to pass through the bridge in the closed position may
do so at anytime. There are no alternate routes. The bridge will be
able to open for emergencies.
The Coast Guard contacted the waterway users regarding this
proposed temporary deviation to test a proposed change to the
Drawbridge Operation Regulations and no objections were received. The
Coast Guard will also inform the users of the waterways through our
Local and Broadcast Notices to Mariners and other appropriate local
media of the change in operating schedule for the bridge so that vessel
operators may arrange their transits to minimize any impact caused by
the temporary deviation.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.
II. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicating the specific section of this document to which
each comment applies, and provide reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://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 https://www.regulations.gov and will include any
person information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacynotice.
Documents mentioned in this notice as being available in this
docket and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
[[Page 60117]]
Dated: December 14, 2017.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2017-27298 Filed 12-18-17; 8:45 am]
BILLING CODE 9110-04-P
