[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Proposed Rules]
[Pages 72138-72140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27217]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-127]
RIN 2115-AE47


Drawbridge Operation Regulations; Shrewsbury River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations governing the operation of the Route 36 Bridge, mile 1.8, 
across the Shrewsbury River at Highlands, New Jersey. This proposed 
change to the drawbridge operation regulations would allow the bridge 
owner to require an advance notice for bridge openings during periods 
the bridge has received few requests to open from 11 p.m. to 7 a.m., 
each day, and all day during the winter months December 1 through March 
31. This action is expected to help relieve the bridge owner from the 
burden of crewing the bridge at all times while continuing to meet the 
present needs of navigation.

DATES: Comments must reach the Coast Guard on or before February 11, 
2005.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, Bridge Branch, One South Street, Battery Park Building, New 
York, New York, 10004, or deliver them to the same address between 7 
a.m. and 3 p.m., Monday through Friday, except, Federal holidays. The 
telephone number is (212) 668-7165. The First Coast Guard District, 
Bridge Branch, 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 First Coast Guard District, Bridge Branch, 7 a.m. to 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast 
Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

[[Page 72139]]

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-04-
127), 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 to know if 
they reached us, 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 them.

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 First Coast Guard District, 
Bridge Branch, 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 and place announced by a later notice in the 
Federal Register.

Background

    The Route 36 Bridge, mile 1.8, across the Shrewsbury River at 
Highlands, New Jersey, has a vertical clearance of 35 feet at mean high 
water and 39 feet at mean low water.
    The existing regulations listed at 33 CFR 117.755, require the 
Route 36 Bridge to open on signal; except that, from May 15 through 
October 15, 7 a.m. to 8 p.m., the draw need open only on the hour and 
half hour.
    The bridge owner, New Jersey Department of Transportation (NJDOT), 
requested a change to the drawbridge operation regulations that govern 
the Route 36 Bridge to allow the bridge owner to require a 4-hour 
advance notice for bridge openings from 11 p.m. to 7 a.m., each day, 
and all day from December 1 through March 31. The bridge rarely opens 
after 11 p.m. and during the winter months. This proposed rule, if 
adopted, would help relieve the bridge owner from the burden of crewing 
the bridge during time periods when the bridge has had few requests to 
open.

Discussion of Proposal

    This proposed change would amend 33 CFR 117.755(a) by revising 
paragraph (a), which lists the Route 36 Bridge drawbridge operation 
regulations. This proposed change would allow the Route 36 Bridge to 
open on signal after a 4-hour advance notice is given from 11 p.m. to 7 
a.m., each day, and all day, from December 1 through March 31.

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 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.
    This conclusion is based on the fact that the bridge will continue 
to open for vessel traffic at all times after the advance notice is 
given.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 section 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 conclusion is based on the fact that the bridge will continue 
to open for vessel traffic at all times after the advance notice is 
given.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 (Pub. L. 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. 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 us in writing at, Commander 
(obr), First Coast Guard District, Bridge Branch, 408 Atlantic Avenue, 
Boston, MA. 02110-3350. The telephone number is (617) 223-8364. The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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 effect a taking of private property or 
otherwise have taking implications under E.O. 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 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

[[Page 72140]]

environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This 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 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 
environment documentation because it has been determined that the 
promulgation of operating regulations or procedures for drawbridges are 
categorically excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.755 is amended by revising paragraph (a) to read as 
follows:


Sec. 117.755  Shrewsbury River.

    (a) The Route 36 Bridge, mile 1.8, at Highlands, New Jersey, shall 
open on signal; except that:
    (1) From 11 p.m. to 7 a.m. the draw shall open on signal after at 
least a 4-hour advance notice is given.
    (2) From May 15 through October 15, 7 a.m. to 8 p.m., the draw need 
open on the hour and half hour only.
    (3) From December 1 through March 31, the draw shall open on signal 
at all times after at least a 4-hour advance notice is given.
    (4) The owners of the bridge shall provide and keep in good legible 
condition, two clearance gauges, with figures not less than eight 
inches high, designed, installed, and maintained according to the 
provisions of Sec.  118.160 of this chapter.
* * * * *

    Dated: November 29, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-27217 Filed 12-10-04; 8:45 am]
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