Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Proposed Rules 36609 

Waverly.W.Gregory@uscg.mil. If you 

have questions on viewing material in 

the docket call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 20, 2009, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Drawbridge Operation 

Regulations; Atlantic Intracoastal 

Waterway, (AIWW) Scotts Hill, NC’’ in 

the Federal Register (74 FR 7844–7847). 

The rulemaking would have allowed the 

drawbridge to open on signal every hour 

on the half hour for the passage of 

pleasure vessels. Our investigation 

along with comments received revealed 

that the proposed change would 

significantly increase delays to 

recreational boaters and would provide 

an unsafe environment for slow moving 

vessel traffic. 

Withdrawal 

The Figure Eight Homeowner 

Association Inc. (FEHAI), who owns 

and operates the Figure Eight Swing 

Bridge, had requested a change to the 

existing regulations in an effort to 

improve the schedule for both roadway 

and waterway users. The swing bridge 

provides the only route on and off 

Figure Eight Island. The proposal would 

not have changed the requirement for 

the bridge to open on signal at any time 

for commercial and government vessels. 

FEHAI believed that the proposal would 

facilitate pleasure craft in navigating the 

AIWW, and also help ease vehicular 

traffic congestion. 

The Coast Guard received several 

comments opposing changes to the 

proposed rulemaking. We conducted a 

lengthy and thorough investigation that 

included a site visit. 

Our investigation along with the 

majority of the comments revealed that 

the request to change the regulations for 

pleasure craft from half-hour openings 

to hourly openings would not affect 

power boats along the AIWW, but 

would significantly affect sailboats. 

Increasing travel time between 

drawbridge openings will increase the 

number of vessels waiting for an 

opening in a narrow and restricted 

channel, making safe navigation more 

difficult. In addition, no data was 

submitted to the docket to support 

concerns that vehicle traffic across the 

bridge had increased or was 

unreasonably impeded by the current 

operating schedule of the bridge. The 

proposed amendment to the operating 

schedule is withdrawn because this 

change would not improve drawbridge 

operations. 

Authority 

This action is taken under the 

authority of 33 U.S.C. 499; 33 CFR 1.05– 

1; Department of Homeland Security 

Delegation No. 0170.1. 

Dated: June 9, 2010. 

Wayne E. Justice, 

Rear Admiral, U.S. Coast Guard Commander, 

Fifth Coast Guard District. 

[FR Doc. 2010–15560 Filed 6–25–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2009–0708; FRL–9162–1] 

Arkansas: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: During a review of Arkansas’ 

regulations, the EPA identified a variety 

of State-initiated changes to Arkansas’ 

hazardous waste program under the 

Resource Conservation and Recovery 

Act, as amended (RCRA), for which the 

State had not previously sought 

authorization. The EPA proposes to 

authorize the State for the program 

changes. In addition, the EPA proposes 

to codify in the regulations entitled 

‘‘Approved State Hazardous Waste 

Management Programs’’, Arkansas’ 

authorized hazardous waste program. 

The EPA will incorporate by reference 

into the Code of Federal Regulations 

(CFR) those provisions of the State 

regulations that are authorized and that 

EPA will enforce under RCRA. 

DATES: Send written comments by July 

28, 2010. 

ADDRESSES: Send written comments to 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

phone number (214) 665–8533. You 

may also submit comments 

electronically or through hand delivery/ 

courier; please follow the detailed 

instructions in the ADDRESSES section of 

the direct final rule which is located in 

the Rules section of this Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, (214) 665–8533. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is authorizing 

the changes to the Arkansas program, 

and codifying and incorporating by 

reference the State’s hazardous waste 

program as a direct final rule. The EPA 

did not make a proposal prior to the 

direct final rule because we believe 

these actions are not controversial and 

do not expect comments that oppose 

them. We have explained the reasons for 

this authorization and incorporation by 

reference in the preamble to the direct 

final rule. Unless we get written 

comments which oppose this 

authorization and incorporation by 

reference during the comment period, 

the direct final rule will become 

effective on the date it establishes, and 

we will not take further action on this 

proposal. If we get comments that 

oppose these actions, we will withdraw 

the direct final rule and it will not take 

effect. We will then respond to public 

comments in a later final rule based on 

this proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you must do so 

at this time. 

For additional information, please see 

the direct final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: May 5, 2010. 

Lawerence E. Starfield, 

Regional Administrator, EPA Region 6. 

[FR Doc. 2010–15333 Filed 6–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R06–RCRA–2009–0567; FRL–9162–6] 

Oklahoma: Incorporation by Reference 

of State Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA proposes to codify 

in the regulations entitled ‘‘Approved 

State Hazardous Waste Management 

Programs’’, Oklahoma’s authorized 

hazardous waste program. The EPA will 

incorporate by reference into the Code 

of Federal Regulations (CFR) those 

provisions of the State regulations that 

are authorized and that the EPA will 

enforce under the Solid Waste Disposal 

Act, commonly referred to as the 

Resource Conversation and Recovery 

Act (RCRA). In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, the EPA is codifying and 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
36610 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Proposed Rules 

incorporating by reference the State’s 

hazardous waste program as an 

immediate final rule. The EPA did not 

make a proposal prior to the immediate 

final rule because we believe these 

actions are not controversial and do not 

expect comments that oppose them. We 

have explained the reasons for this 

codification and incorporation by 

reference in the preamble to the 

immediate final rule. Unless we get 

written comments which oppose this 

incorporation by reference during the 

comment period, the immediate final 

rule will become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we get 

comments that oppose these actions, we 

will withdraw the immediate final rule 

and it will not take effect. 

We will then respond to public 

comments in a later final rule based on 

this proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you must do so 

at this time. 

DATES: Send written comments by 

July 28, 2010. 

ADDRESSES: Send written comments to 

Alima Patterson, Region 6 Regional 

Authorization Coordinator, OR Julia 

Banks, Codification Coordinator, State/ 

Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

Phone numbers: (214) 665–8533 or (214) 

665–8178. You may also submit 

comments electronically or through 

hand delivery/courier; please follow the 

detailed instructions in the ADDRESSES

section of the immediate final rule 

which is located in the Rules section of 

this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, (214) 665–8533 or Julia 

Banks, (214) 665–8178. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: April 30, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2010–15329 Filed 6–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 482 and 485 

[CMS–3228–P] 

RIN 0938–AQ06 

Medicare and Medicaid Programs: 

Changes to the Hospital and Critical 

Access Hospital Conditions of 

Participation To Ensure Visitation 

Rights for All Patients 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

revise the Medicare conditions of 

participation for hospitals and critical 

access hospitals (CAHs) to ensure the 

visitation rights of all patients. 

Medicare- and Medicaid-participating 

hospitals and CAHs would be required 

to have written policies and procedures 

regarding the visitation rights of 

patients, including those setting forth 

any clinically necessary or reasonable 

restriction or limitation that the hospital 

or CAH may need to place on such 

rights as well as the reasons for the 

clinical restriction or limitation. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on August 27, 2010. 

ADDRESSES: In commenting, please refer 

to file code CMS–3228–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on this proposed 

regulation to http:// 

www.regulations.gov. Follow the 

instructions under the ‘‘More Search 

Options’’ tab. 

2. By regular mail. You may mail 

written comments to the following 

address only: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–3228–P, P.O. Box 8010, Baltimore, 

MD 21244–1850. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address only: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–3228–P, Mail 

Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments before the close 

of the comment period to either of the 

following addresses: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue, SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

Federal government identification, 

commenters are encouraged to leave 

their comments in the CMS drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain a proof of 

filing by stamping in and retaining an 

extra copy of the comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786– 

9994 in advance to schedule your 

arrival with one of our staff members. 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 

For information on viewing public 

comments, see the beginning of the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: CDR 

Scott Cooper, USPHS, (410) 786–9465. 

Marcia Newton, (410) 786–5265. Jeannie 

Miller, (410) 786–3164. 

SUPPLEMENTARY INFORMATION: Inspection 

of Public Comments: All comments 

received before the close of the 

comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all comments 

received before the close of the 

comment period on the following Web 

site as soon as possible after they have 

been received: http:// 

www.regulations.gov. Follow the search 

instructions on that Web site to view 

public comments. 

Comments received timely will also 

be available for public inspection as 

they are received, generally beginning 

approximately 3 weeks after publication 

of a document, at the headquarters of 

the Centers for Medicare & Medicaid 


jlentini on DSKJ8SOYB1PROD with PROPOSALS