Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2909 

1A full description of the remote operational 

system is outlined in the aforementioned 

publication, which can be found at http://

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 http://

regulations.gov, (see ADDRESSES for more 

information). 

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. 

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: 

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 

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 http://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 

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 


ethrower on DSK3G9T082PROD with RULES
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 http://

www.regulations.gov. If your material 

cannot be submitted using http://

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 http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacynotice. 

All previously published documents 

mentioned in this document along with 

all public comments will be in our 

online docket at http://

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] 

RIN 1625–AA00 

Safety Zone; Oregon Inlet, Dare 

County, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

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 http://

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 

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. 


ethrower on DSK3G9T082PROD with RULES