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Federal Register/Vol. 63, No. 30/Friday, February 13

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Federal Register/Vol. 63, No. 30/Friday, February 13 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.
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