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

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 The proposed amendment to the operating schedule is withdrawn because this change would not improve drawbridge operations.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 State Initiated 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


### 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