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