Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ, 2909-2910 [2018-00894]

Download as PDF Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations annual adjustments as a direct final rule without prior notice or an opportunity for comment and with an effective date immediately upon publication in the Federal Register. Section 553(b) of the Administrative Procedure Act (APA) provides that, when an agency for good cause finds that ‘‘notice and public procedure . . . are impracticable, unnecessary, or contrary to the public interest,’’ the agency may issue a rule without providing notice and an opportunity for prior public comment. Under section 553(b), ONRR finds that there is good cause to promulgate this rule without first providing for public comment. ONRR is promulgating this final rule to implement the statutory directive in the Act, which requires agencies to publish a final rule and to update the civil penalty amounts by applying a specified formula. We have no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Accordingly, it would serve no purpose to provide an opportunity for public comment on this rule prior to promulgation. Thus, providing for notice and public comment is unnecessary. Furthermore, ONRR finds under section 553(d)(3) of the APA that good cause exists to make this direct final rule effective immediately upon publication in the Federal Register. In the Act, Congress expressly required Federal agencies to publish annual inflation adjustments to civil penalties in the Federal Register no later than January 15 of every year, notwithstanding section 553 of the APA. Under the statutory framework and OMB guidance, the new penalty levels are to take effect immediately upon publication. Moreover, an effective date after January 15 would delay application of the new penalty levels, contrary to Congress’s intent. List of Subjects in 30 CFR Part 1241 Administrative practice and procedure, Civil penalties, Coal, Geothermal, Inflation, Mineral resources, Natural gas, Notices of noncompliance, Oil. ethrower on DSK3G9T082PROD with RULES Gregory J. Gould, Director for Office of Natural Resources Revenue. Authority and Issuance For the reasons discussed in the preamble, ONRR amends 30 CFR part 1241 as set forth below: PART 1241—PENALTIES 1. The authority citation for part 1241 continues to read as follows: ■ VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 Authority: 25 U.S.C. 396 et seq., 396a et seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. 1301 et seq., 1331 et seq., 1801 et seq. § 1241.52 [Amended] 2. Amend § 1241.52 by: a. In paragraph (a)(2), removing ‘‘$1,196’’ and adding in its place ‘‘$1,220.’’ ■ b. In paragraph (b) introductory text, removing ‘‘$11,967’’ and adding in its place ‘‘$12,211.’’ ■ ■ § 1241.60 [Amended] 3. Amend § 1241.60 by: a. In paragraph (b)(1) introductory text, removing ‘‘$23,933’’ and adding in its place ‘‘$24,421.’’ ■ b. In paragraph (b)(2), removing ‘‘$59,834’’ and adding in its place ‘‘$61,055.’’ ■ ■ [FR Doc. 2018–00969 Filed 1–19–18; 8:45 am] BILLING CODE 4335–30–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0257] Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ Coast Guard, DHS. Notice of temporary deviation from regulations; reopening comment period. AGENCY: ACTION: The Coast Guard is reopening the comment period to solicit additional comments concerning its Notice of Temporary Deviation from the operating schedule that governs the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This document is to provide additional opportunity for public comment. DATES: The comment period for the deviation published October 18, 2017, at 82 FR 48419, is reopened. Comments and related material must reach the Coast Guard on or before March 2, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2016–0257 using Federal eRulemaking Portal at 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 test SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 2909 deviation, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); telephone (757) 398–6222, email Hal.R.Pitts@uscg.mil. SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis On April 12, 2017, we published a document in the Federal Register entitled, ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ announcing a temporary deviation from the regulations, with request for comments (see 82 FR 17562). The purpose of the deviation was to test the newly installed remote operational capabilities of the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ, owned and operated by Conrail Shared Assets. The installation of the remote operation system capabilities did not change the operational schedule of the bridge.1 On June 30, 2017, we published a notice of proposed rulemaking (NPRM) entitled, ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ (see 82 FR 29800). The original comment period closed on August 18, 2017. On October 18, 2017, we published a document in the Federal Register entitled, ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ announcing a temporary deviation from the regulations, with request for comments (see 82 FR 48419). This test deviation commenced at 8 a.m. on October 21, 2017, and will conclude at 7:59 a.m. on April 19, 2018. This notice included a request for comments and related material to reach the Coast Guard on or before January 15, 2018.2 On December 6, 2017, we published a notice of proposed rulemaking; reopening of comment period (NPRM); entitled ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ in the Federal Register (see 82 FR 57561). It included a request for comments and related material to reach the Coast Guard on or before January 15, 2018. This document reopening the comment period ensures notice and opportunity to comment on the temporary deviation before we decide whether to make any changes to it. This 1 A full description of the remote operational system is outlined in the aforementioned publication, which can be found at https:// regulations.gov. (See ADDRESSES for more information). 2 Detailed information concerning this second test deviation is contained in the Background, Purpose and Legal Basis paragraphs of the aforementioned publication, which can be found at https:// regulations.gov, (see ADDRESSES for more information). E:\FR\FM\22JAR1.SGM 22JAR1 2910 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations document is issued under authority of 33 U.S.C. 1223 and 5 U.S.C. 552. II. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using 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 personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacynotice. All previously published documents mentioned in this document along with 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. Dated: January 12, 2018. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2018–00894 Filed 1–19–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0964] ethrower on DSK3G9T082PROD with RULES RIN 1625–AA00 Safety Zone; Oregon Inlet, Dare County, NC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on SUMMARY: VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 the navigable waters of Oregon Inlet in Dare County, North Carolina in support of construction of the new Herbert C. Bonner Bridge. This temporary safety zone is intended to protect mariners, vessels, and construction crews from the hazards associated with installing the navigation span, and will restrict vessel traffic from the bridge’s navigation span as it is under construction by preventing vessel traffic on a portion of Oregon Inlet. Entry of vessels or persons into this safety zone is prohibited. DATES: This rule is effective from January 29, 2018, through March 24, 2018, with alternate dates of March 25, 2018, through May 6, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0964 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Matthew Tyson, Waterways Management Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: (910) 772– 2221, email: Matthew.I.Tyson@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code COTP Captain of the Port II. Background Information and Regulatory History On October 10, 2017, the North Carolina Department of Transportation notified the Coast Guard that they will be installing the navigation span of the new Herbert C. Bonner Bridge in Oregon Inlet in Dare County, North Carolina on January 29 through March 24, 2018, with alternate dates of March 25 through May 6, 2018. The construction will take place over an estimated 33 days during this period. In response, on December 5, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Oregon Inlet, Dare County, NC (82 FR 57413). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended December 20, 2017, we received 5 comments. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because immediate action is needed protect persons, vessels, and the marine environment on the navigable waters in Oregon Inlet during this construction phase. A Notice of Proposed Rulemaking was published in order to inform the public and solicit comments. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP North Carolina has determined that potential safety hazards associated with the construction would be a concern for anyone transiting the Oregon Inlet navigation channel. The purpose of this rule is to protect persons, vessels, and the marine environment on the navigable waters in Oregon Inlet during this construction phase. IV. Discussion of Comments, Changes, and the Rule As noted above, we received 5 comments on our NPRM published December 5, 2017. Most of the submissions were not relevant to this rulemaking. The first comment inquired about the benefits of the new bridge construction and its impact on the human environment. This rule pertains only to the creation of a safety zone for the navigation span construction phase and not the entire bridge construction project. The environmental impact analysis and other regulatory analyses for this rule are based only on the creation of this safety zone. This safety zone is necessary to protect persons, vessels, and the marine environment on the navigable waters in Oregon Inlet during this construction phase. The impact on the human environment is considered not significant because the closure is only for a two hour period on each construction day and the safety zone will not be active until after the normal morning traffic typically transits and will end before the evening traffic typically transits. The second comment mentioned bridge safety and its obstruction to the waterway. This comment is outside the scope of this rulemaking dealing with the establishment of a safety zone. However, the Coast Guard would like to take this opportunity to state that this bridge will have the same horizontal clearance of the original Bonner Bridge. The new bridge is also designed with multiple spans that can be used if the waterway conditions change due to shoaling. E:\FR\FM\22JAR1.SGM 22JAR1

Agencies

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2909-2910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00894]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0257]


Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ

AGENCY: Coast Guard, DHS.

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

-----------------------------------------------------------------------

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

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

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

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis

    On April 12, 2017, we published a document in the Federal Register 
entitled, ``Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ'' announcing a temporary deviation from the regulations, 
with request for comments (see 82 FR 17562). The purpose of the 
deviation was to test the newly installed remote operational 
capabilities of the DELAIR Memorial Railroad Bridge across the Delaware 
River, mile 104.6, at Pennsauken Township, NJ, owned and operated by 
Conrail Shared Assets. The installation of the remote operation system 
capabilities did not change the operational schedule of the bridge.\1\
---------------------------------------------------------------------------

    \1\ A full description of the remote operational system is 
outlined in the aforementioned publication, which can be found at 
https://regulations.gov. (See ADDRESSES for more information).
---------------------------------------------------------------------------

    On June 30, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Delaware River, 
Pennsauken Township, NJ'' (see 82 FR 29800). The original comment 
period closed on August 18, 2017.
    On October 18, 2017, we published a document in the Federal 
Register entitled, ``Drawbridge Operation Regulation; Delaware River, 
Pennsauken Township, NJ'' announcing a temporary deviation from the 
regulations, with request for comments (see 82 FR 48419). This test 
deviation commenced at 8 a.m. on October 21, 2017, and will conclude at 
7:59 a.m. on April 19, 2018. This notice included a request for 
comments and related material to reach the Coast Guard on or before 
January 15, 2018.\2\
---------------------------------------------------------------------------

    \2\ Detailed information concerning this second test deviation 
is contained in the Background, Purpose and Legal Basis paragraphs 
of the aforementioned publication, which can be found at https://regulations.gov, (see ADDRESSES for more information).
---------------------------------------------------------------------------

    On December 6, 2017, we published a notice of proposed rulemaking; 
reopening of comment period (NPRM); entitled ``Drawbridge Operation 
Regulation; Delaware River, Pennsauken Township, NJ'' in the Federal 
Register (see 82 FR 57561). It included a request for comments and 
related material to reach the Coast Guard on or before January 15, 
2018.
    This document reopening the comment period ensures notice and 
opportunity to comment on the temporary deviation before we decide 
whether to make any changes to it. This

[[Page 2910]]

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

II. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using 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 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacynotice.
    All previously published documents mentioned in this document along 
with 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.

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