Federal Register / Vol. 63, No. 30 / Friday, February 13, 1998 / Proposed Rules 7357

Filing of a written statement at the 30 CFR Parts 730, 731, and 732 have DEPARTMENT OF TRANSPORTATION time of the hearing is requested as it been met. will greatly assist the transcriber. Coast Guard Submission of written statements in National Environmental Policy Act 33 CFR Part 117 advance of the hearing will allow OSM No environmental impact statement is officials to prepare adequate responses required for this rule since section [CGD01±97±020] and appropriate questions. 702(d) of SMCRA (30 U.S.C. 1292(d)) RIN 2115±AE47 The public hearing will continue on provides that agency decisions on the specified date until all persons proposed State regulatory program Drawbridge Operation Regulations: scheduled to speak have been heard. provisions do not constitute major Passaic River, NJ Persons in the audience who have not Federal actions within the meaning of AGENCY: Coast Guard, DOT. been scheduled to speak, and who wish section 102(2)(C) of the National ACTION: Notice of proposed rulemaking. to do so, will be heard following those Environmental Policy Act (42 U.S.C. who have been scheduled. The hearing 4332(2)(C)). SUMMARY: The Coast Guard proposes to will end after all persons scheduled to change the operating rules for five speak and persons present in the Paperwork Reduction Act bridges over the Passic River in New audience who wish to speak have been Jersey: the Jackson Street Bridge, at mile heard. This rule does not contain information collection requirements that 4.6, the Bridge Street Bridge, at mile 5.6, Public Meeting require approval by OMB under the the Clay Street Bridge, at mile 6.0, the New Jersey Transit Rail Operations If only one person requests an Paperwork Reduction Act (44 U.S.C. 3507 et seq.). (NJTRO) Bridge, at mile 11.7, and the opportunity to speak at a hearing, a Route 3 Bridge, at mile 11.8. public meeting, rather than a public Regulatory Flexibility Act Essex and Hudson counties in New hearing, may be held. Persons wishing Jersey who jointly own the Jackson to meet with OSM representatives to The Department of the Interior has Street, Bridge Street and Clay Street discuss the proposed amendment may determined that this rule will not have bridges have requested that their bridges request a meeting by contacting the a significant economic impact on a open on signal after a four hour notice person listed under FOR FURTHER substantial number of small entities is given. The New Jersey Transit Rail INFORMATION CONTACT. All such meetings under the Regulatory Flexibility Act (5 Operations (NJTRO) and New Jersey will be open to the public and, if U.S.C. 601 et seq.). The State submittal Department of Transportation (NJDOT) possible, notices of meetings will be which is the subject of this rule is based who own the NJTRO Bridge and the posted at the locations listed under upon counterpart Federal regulations for Route 3 Bridge, both over the Passaic ADDRESSES. A written summary of each which an economic analysis was River, have requested that their bridges meeting will be made a part of the prepared and certification made that open on signal after a six month notice Administrative Record. such regulations would not have a is given. IV. Procedural Determinations significant economic effect upon a This proposal will relieve the bridge substantial number of small entities. owners of the burden of constantly Executive Order 12866 Accordingly, this rule will ensure that having personnel available to open the This rule is exempted from review by existing requirements previously bridges and should continue to provide the Office of Management and Budget promulgated by OSM will be for the needs of navigation. (OMB) under Executive Order 12866 implemented by the State. In making the DATES: Comments must reach the Coast (Regulatory Planning and Review). determination as to whether this rule Guard on or before April 14, 1998. ADDRESSES: You may mail comments to Executive Order 12988 would have a significant economic impact, the Department relied upon the Commander (obr), First Coast Guard The Department of the Interior has data and assumptions for the District, 408 Atlantic Avenue, Boston, conducted the reviews required by counterpart Federal regulations. Ma. 02110–3350, or deliver them to the section 3 of Executive Order 12988 same address between 7 a.m. and 4 (Civil Justice Reform) and has Unfunded Mandates p.m., Monday through Friday, except determined that, to the extent allowed Federal holidays. The telephone number OSM has determined and certifies is (617) 223–8364. The District by law, this rule meets the applicable pursuant to the Unfunded Mandates standards of subsections (a) and (b) of Commander maintains the public Reform Act (2 U.S.C. 1502 et seq.) that that section. However, these standards docket for this rulemaking. Comments this rule will not impose a cost of $100 are not applicable to the actual language and documents as indicated in this of State regulatory programs and million or more in any given year on preamble will become part of this program amendments since each such local, state, or tribal governments or docket and will be available for program is drafted and promulgated by private entities. inspection or copying at the above a specific State, not by OSM. Under List of Subjects in 30 CFR Part 943 address during business hours. sections 503 and 505 of SMCRA (30 FOR FURTHER INFORMATION CONTACT: John U.S.C. 1253 and 1255) and 30 CFR Intergovernmental relations, Surface W. McDonald, Project Officer, First 730.11, 732.15, and 732.17(h)(10), mining, Underground mining. Coast Guard District, (617) 223–8364. decisions on proposed State regulatory Dated: February 6, 1998. SUPPLEMENTARY INFORMATION: programs and program amendments submitted by the States must be based Brent Wahlquist, Request for Comments solely on a determination of whether the Regional Director, Mid-Continent Regional The Coast Guard encourages submittal is consistent with SMCRA and Coordinating Center. interested persons to participate in this its implementing Federal regulations [FR Doc. 98–3761 Filed 2–12–98; 8:45 am] rulemaking by submitting written data, and whether the other requirements of BILLING CODE 4310±05±M views, or arguments. Persons submitting 7358 Federal Register / Vol. 63, No. 30 / Friday, February 13, 1998 / Proposed Rules comments should include their names based upon their opening records. This for profit organizations that are and addresses, identify this rulemaking proposed change to the operating independently owned and operated and (CGD1–97–020) and specific section of regulations will require the NJTRO and are not dominant in their fields, and this proposal to which their comments Route 3 bridges to open on signal if six governmental jurisdictions with apply, and give reasons for each months notice is given. populations less than 50,000. Therefore, comment. Please submit two copies of The Coast Guard received requests to for the reasons discussed in the all comments and attachments in an change the operating regulations on the Regulatory Evaluation section above, the unbound format, no larger than 81⁄2 by Jackson Street, Bridge Street and Clay Coast Guard certifies under 5 U.S.C. 11 inches, suitable for copying and Street bridges from Essex and Hudson 605(b) that this proposed rule, if electronic filing. Persons wanting counties to require the bridges to open adopted, will not have a significant acknowledgment of receipt of comments on signal if four hours notice is given. economic impact on a substantial should enclose a stamped, self- Additionally, the Coast Guard received number of small entities. If, however, addressed postcard or envelope. requests to change the operating you think that your business or The Coast Guard will consider all regulations for the NJTRO and Route 3 organization qualifies as a small entity comments received during the comment bridges from New Jersey Transit Rail and that this proposed rule will have a period. It may change this proposal in Operations and New Jersey Department significant economic impact on your response to comments received. The of Transportation to require the bridges business or organization, please submit Coast Guard does not plan to hold a to open on signal if a six month notice a comment (see ADDRESSES) explaining public hearing; however, persons may is given. These changes have been why you think it qualifies and in what request a public hearing by writing to requested for these five bridges because way and to what degree this proposed the Coast Guard at the address listed there have been so few requests to open rule will economically affect it. under ADDRESSES in this document. The these bridges that the requested changes request should include the reasons why in the operating regulations is expected Collection of Information a hearing would be beneficial. If it is to relieve the bridge owners of the This proposed rule does not provide determined that the opportunity for oral burden of crewing the bridges at times for a collection of information under the presentations will aid this matter, the and still meet the present needs of Paperwork Reduction Act of 1995 (44 Coast Guard will hold a public hearing navigation. U.S.C. 3501 et seq.). at a time and place announced by a Regulatory Evaluation subsequent notice published in the Federalism Federal Register . This proposed rule is not a significant The Coast Guard has analyzed this regulatory action under section 3(f) of Background proposed rule in accordance with the Executive Order 12866 and does not principles and criteria contained in The clearances at mean high water require an assessment of potential costs Executive Order 12612 and has (MHW) and mean low water (MLW) for and benefits under section 6(a)(3) of that determined that this proposed rule does the five bridges affected by this Order. It has not been reviewed by the not have sufficient federalism proposed rule change are as follows: Office of Management and Budget under implications to warrant the preparation ′ ′ Jackson Street 15 MHW & 20 MLW, that Order. It is not significant under the of a Federalism Assessment. Bridge Street 7′ MHW & 12′ MLW, Clay regulatory policies and procedures of Street 8′ MHW & 13′ MLW, NJTRO 26′ the Department of Transportation (DOT) Environment MHW & 31′ MLW and Route 3 35′ MHW (44 FR 11040; February 26, 1979). The The Coast Guard considered the & 40′ MLW. Coast Guard expects the economic environmental impact of this proposed The Jackson Street, Bridge Street and impact of this proposed rule to be so rule and concluded that, under section Clay Street bridges presently open on minimal that a full Regulatory 2.B.2.e.(34) of Commandant Instruction signal, except that, notice must be given Evaluation under paragraph 10e of the M16475.1B, this rule is categorically before 2:30 a.m. for openings between regulatory policies and procedures of excluded from further environmental 4:30 p.m. and 7 p.m. This proposed DOT is unnecessary. This conclusion is documentation because promulgation of change to the operating regulations based on the fact that bridges must changes to drawbridge regulations have would require the bridges to open on operate in accordance with the needs of been found not to have a significant signal after four hours notice is given. navigation while providing for the effect on the environment. A The NJTRO Bridge presently opens on reasonable needs of land transportation. ‘‘Categorical Exclusion Determination’’ signal from 8 a.m. to 4 p.m., if at least This rule adopts the operating hours is available in the docket for inspection six hours notice is given. From 4 p.m. which the Coast Guard believes to be or copying where indicated under to 8 a.m., the draw need not be opened. appropriate based on the results of past ADDRESSES. the Route 3 Bridge presently opens on experience with the roving drawtender signal, if at least six hours notice is crew operation and public comments. List of Subjects in 33 CFR Part 117 given. New Jersey Transit Rail The Coast Guard believes this rule Bridges. Operations records indicate there has achieves the requirement of balancing not been a request to open the NJTRO the navigational rights of recreational Regulations Bridge since December, 1991. The New boaters and the needs of land based For the reasons set out in the Jersey Department of Transportation transportation. preamble, the Coast Guard proposes to records indicate there have been only Small Entities amend 33 CFR part 117 as follows: ten bridge openings during the last ten years for the Route 3 Bridge. All ten Under the Regulatory Flexibility Act PART 117ÐDRAWBRIDGE openings were test openings. (5 U.S.C. 601 et seq.), the Coast Guard OPERATION REGULATIONS considers whether this proposed rule, if Discusison of Proposal adopted, will have a significant 1. The authority citation for part 117 This proposal to require a six month economic impact on a substantial continues to read as follows: notice for bridge openings for the number of small entities. ‘‘Small Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 NJTRO and Route 3 bridges is warranted entities’’ include small businesses, not- CFR 1.05–1(g); section 117.255 also issued Federal Register / Vol. 63, No. 30 / Friday, February 13, 1998 / Proposed Rules 7359 under the authority of Pub. L. 102–587, 106 which may be used in calculating limits, Dated: February 9, 1998. Stat. 5039. will have until April 20, 1998 to submit Robert Perciasepe, 2. In section 117.739 revise data. This extension is being granted Assistant Administrator for Water. paragraphs (d), (f), (i), (m), and (n) to while taking into consideration the [FR Doc. 98–3753 Filed 2–12–98; 8:45 am] read as follows: court-ordered promulgation date. BILLING CODE 6560±50±P § 117.739 Passaic River. DATES: Comments regarding all issues related to the proposed rule will be * * * * * DEPARTMENT OF HEALTH AND (d) The draw of the Jackson Street accepted until March 19, 1998. HUMAN SERVICES Bridge, mile 4.6, shall open on signal if Performance data, as specified herein, at least four hours notice is given by will be accepted until April 20, 1998. Health Care Financing Administration calling the number posted at the bridge. ADDRESSES: Send written comments to * * * * * W–97–14, Ms. Marta E. Jordan, 42 CFR Chapter IV (f) The draw of the Bridge Street Engineering and Analysis Division [HCFA±1037±N] Bridge, mile 5.6, shall open on signal if (4303), U. S. EPA, 401 M. Street S.W., at least four hours notice is given by Washington, DC 20460. Please submit Medicare Program; Meeting of the calling the number posted at the bridge. any references cited in your comments. Negotiated Rulemaking Committee on * * * * * EPA requests an original and three the Provider-Sponsored Organization (i) The draw of the Clay Street Bridge, copies of your written comments and Solvency Standards mile 6.0, shall open on signal if at least enclosures (including references). four hours notice is given by calling the AGENCY: Health Care Financing number posted at the bridge. FOR FURTHER INFORMATION CONTACT: Administration (HCFA), HHS. ACTION: * * * * * Marta E. Jordan, Engineering and Notice of Meeting. Analysis Division (4303), U.S. (m) The draw of the NJTRO Bridge, SUMMARY: In accordance with section Environmental Protection Agency, 401 mile 11.7, shall open on signal if at least 10(a) of the Federal Advisory Committee M. St. SW, Washington, DC 20460 or six months notice is given by calling the Act, this document announces the date call (202) 260–0817. number posted at the bridge. and location for a planned seventh (n) The draw of the Route 3 Bridge, SUPPLEMENTARY INFORMATION: On meeting of the Negotiated Rulemaking mile 11.8, shall open on signal if at least December 17, 1997, EPA published Committee on the provider-sponsored six months notice is given by calling the proposed effluent limitations guidelines organization (PSO) solvency standards. number posted at the bridge. and pretreatment standards for the The purpose of this committee meeting * * * * * industrial laundries industry in the is to negotiate a consensus of an interim Dated: January 9, 1998. Federal Register for review and final rule establishing solvency R.M. Larrabee, comment (62 FR 66182). The comment standards for provider-sponsored Rear Admiral, U.S. Coast Guard, Commander, period was scheduled to end February organizations under Part C of the First Coast Guard District. 17, 1998. Medicare program, as statutorily- [FR Doc. 98–3627 Filed 2–12–98; 8:45 am] mandated by the Balanced Budget Act EPA held two public hearings during BILLING CODE 4910±14±M of 1997, Pub. L. 105–33. this comment period to provide DATE AND ADDRESSES: Unless canceled opportunities for the regulated by the Committee, this meeting will be community and other interested parties ENVIRONMENTAL PROTECTION held from 9:00 a.m. to 5:00 p.m. on to comment on issues pertaining to the AGENCY March 3 and 4, 1998, in Room 800, proposed rule. Hubert H. Humphrey Building, 200 40 CFR Part 441 EPA has received more than 100 Independence Ave., SW, Washington, [FRL±5967±1] requests to extend the comment period DC, 20201–0001. to allow more time to address the issues MEETING INFORMATION: This is a planned Extension of Comment Period for on which EPA solicited public meeting that may be canceled. The Effluent Limitations Guidelines and comment. The comment period for all decision whether to hold this meeting Pretreatment Standards for the issues in the proposed rule is extended will be available via the Internet on the Industrial Laundries Point Source by 30 days, to March 19, 1998. In HCFA homepage: http://www.hcfa.gov/ Category; Proposed Rule addition, EPA will accept performance medicare/mgdcare1.htm. For further data, as specified below, until April 20, AGENCY: Environmental Protection information and/or a voicemail message 1998. Data that EPA will consider most Agency (EPA). as to whether the Committee will meet useful is performance data that should be directed to Maureen Miller, ACTION: Proposed rule; notice of conforms to the EPA protocols (410) 786–1097. extension of comment period. delineated in the quality assurance SUPPLEMENTARY INFORMATION: The SUMMARY: EPA is extending the project plan (QAPP) and sampling and Balanced Budget Act (BBA) of 1997 comment period for the proposed analysis plans. The QAPP and sampling establishes a new Medicare+Choice effluent limitations guidelines and and analysis plans can be found in program under part C of title XVIII of pretreatment standards for the industrial sections 5.5 and 6.5 of the rulemaking the Social Security Act (the Act). Under laundries point source category. The record, respectively. EPA is scheduled this program, an eligible individual may proposed rule was published in the to promulgate pretreatment standards elect to receive Medicare benefits Federal Register on December 17, 1997. for this industry by June 1999. EPA is through enrollment in a The comment period for the proposed using its best efforts to comply with this Medicare+Choice plan that has a rule is extended by 30 days, ending on deadline and expects to meet the contract with us, which may include a March 19, 1998. In addition, interested schedule even with this extension of the health plan offered by a PSO. The BBA parties providing performance data, comment period. establishes a definition of PSOs that will