[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Proposed Rules]
[Pages 63109-63111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24255]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-04-169]
RIN 1625-AA09


Drawbridge Operation Regulations: New Jersey Intracoastal 
Waterway, Point Pleasant Canal, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the Route 13/Lovelandtown Bridge across Point Pleasant 
Canal, at New Jersey Intracoastal Waterway (NJICW) mile 3.9, in Point 
Pleasant, NJ. The bridge will be closed to navigation beginning 8 a.m. 
on January 3, 2005, through 5 p.m. on March 31, 2005. This closure is 
necessary to facilitate extensive mechanical rehabilitation and to 
maintain the bridge's operational integrity.

DATES: Comments and related material must reach the Coast Guard on or 
before December 28, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand 
delivered to the same address between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. The Commander (obr), Fifth Coast Guard 
District maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at the 
above address.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking CGD05-04-
169, indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like 
confirmation to know if they were received, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of those comments.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Commander, Fifth Coast Guard 
District at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time at a place announced by a later notice in the 
Federal Register.

Background and Purpose

    The New Jersey Department of Transportation (NJDOT) owns and 
operates the vertical-lift span of the Route 13/Lovelandtown Bridge 
across Point Pleasant Canal, in Point Pleasant, New Jersey. The bridge 
has a vertical clearance in the closed and full open position of 30 
feet and 65 feet, at mean high water, respectively. The current 
regulations are outlined under the general regulations at 33 CFR 117.5,

[[Page 63110]]

which require the bridge to open on signal.
    Carr & Duff, Inc., (the contractor), on behalf of NJDOT, has 
requested a change to the existing regulations for the Route 13/
Lovelandtown Bridge to facilitate necessary repairs. The repairs 
consist of the reinstallation of the motor, brakes and new electrical 
gear and control systems of the bridge. To facilitate the repairs, the 
vertical-lift span of the drawbridge will be locked in the closed-to-
navigation position from 8 a.m. on January 3, 2005, through 5 p.m. on 
March 31, 2005.
    The Coast Guard reviewed the bridge logs. The logs revealed for the 
months of January, February and March 2004, the bridge opened for 
vessels 5, 2, and 9 times, respectively. Vessel operators with mast 
height lower than 30 feet still can transit thorough the drawbridge 
across Point Pleasant Canal during the rehabilitation. With 24 hours 
advance notice, the contractor will provide a bridge opening between 
the hours of 9 a.m. and 2 p.m. Monday through Friday for vessels with 
mast height greater than 30 feet requiring an opening of draw span 
during the proposed closure period. Calling the Bridge Operations 
Office at (732) 528-9494 or the contractor at (215) 416-1235 will 
provide for advance opening requests. Also, the Atlantic Ocean is an 
alternate route for vessels with a mast height greater than 30 feet. 
Therefore, vessels should not be negatively impacted by this proposal.

Discussion of Proposed Rule

    The Coast Guard proposes to amend the regulations governing the 
Route 13/Lovelandtown Bridge across Point Pleasant Canal, ICW mile 3.9, 
which currently opens on signal. The Coast Guard proposes to 
temporarily amend 33 CFR 117.733 by adding a new paragraph (c) which 
would contain the operating schedule for the Route 13/Lovelandtown 
Bridge across Point Pleasant Canal, ICW mile 3.9, in Point Pleasant. 
This proposed rule would allow the bridge to remain closed to 
navigation from 8 a.m. on January 5, 2005, to 5 p.m. on March 31, 2005, 
and the advance notice condition for opening the bridge. Upon 
completion of the repairs, the bridge would return to the current 
operating schedule.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    We reached this conclusion based on the fact that the proposed 
changes have only a minimal impact on maritime traffic transiting the 
bridge. Vessel operators with mast height lower than 30 feet still can 
transit thorough the drawbridge across Point Pleasant Canal during the 
rehabilitation. For vessels with mast height greater than 30 feet 
requiring an opening of draw span during the proposed closure period, 
the contractor will provide a bridge opening between the hours of 9 
a.m. and 2 p.m. Monday through Friday if requested 24 hours in advance. 
Also, the Atlantic Ocean is an alternate route for vessels with a mast 
height greater than 30 feet.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities because vessels with mast height 
greater than 30 feet requiring an opening of draw span during the 
proposed closure period, the contractor will provide a bridge opening 
between the hours of 9 a.m. and 2 p.m. Monday through Friday if 
requested with 24 hours in advance. This should not prove to be 
problematic to commercial operations because they normally schedule the 
movement of their equipment well in advance. Vessel operators with mast 
height lower than 30 feet still can transit thorough the drawbridge. 
Also, the Atlantic Ocean is an alternate route for vessels with a mast 
height greater than 30 feet.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Waverly W. 
Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, (757) 
398-6222.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice

[[Page 63111]]

Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to security that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to temporarily amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of P.L. 102-587, 106 Stat. 5039.

    2. From 8 a.m. on January 3, 2005, through 5 p.m. on March 31, 
2005, add a new temporary paragraph (l) to Sec.  117.733 to read as 
follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (l) The draw of the Route 13/Lovelandtown Bridge across Point 
Pleasant Canal, at mile 3.9, at Point Pleasant, need not be opened for 
the passage of vessels from 8 a.m. on January 3, 2005, through 5 p.m. 
on March 31, 2005. However, between 9 a.m. to 2 p.m. Monday to Friday, 
the draw shall open on signal if at least 24 hours advance notice is 
given by calling (732) 528-9494 or (215) 416-1235.

    Dated: October 19, 2004.
Sally Brice-O'Hara,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-24255 Filed 10-28-04; 8:45 am]
BILLING CODE 4910-15-P