[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Rules and Regulations]
[Pages 10433-10435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1915]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-05-079]
RIN 1625-AA09


Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway, Manasquan River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily changing the operating 
regulations that govern the operation of the Route 35 Bridge, at New 
Jersey Intracoastal Waterway (NJICW) mile 1.1, across Manasquan River, 
at Brielle, New Jersey. The bridge will be closed to navigation on 
three four-month closure periods from 8 a.m. November 1, 2006 until 5 
p.m. March 1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March 
1, 2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 1, 
2009. Extensive structural, mechanical, and electrical repairs and 
improvements necessitate these closures.

DATES: This temporary final rule is effective from April 17, 2006.

ADDRESSES: The 5th 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 are part of docket CGD05-05-079 and are available for inspection 
or copying at Commander (obr), Fifth Coast Guard District, Federal 
Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23703-
5004, between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6629.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 20, 2005, we published a notice of proposed rule making 
(NPRM)

[[Page 10434]]

entitled ``Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway, Manasquan River'' in the Federal Register (FR Doc.05-14322). 
We received four (4) comments on the proposed rule. No public meeting 
was requested, and none was held.

Background and Purpose

    The New Jersey Department of Transportation (NJDOT) owns and 
operates the Route 35 Bridge, at NJICW mile 1.1, across Manasquan 
River, at Brielle, New Jersey. The current operating regulations set 
out in 33 CFR 117.733(b) requires the drawbridge to open on signal 
except as follows: from May 15 through September 30, on Saturdays, 
Sundays and Federal holidays, from 8 a.m. to 10 p.m., the draw need 
only open 15 minutes before the hour and 15 minutes after the hour; on 
Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, except 
Federal holidays from 12 p.m. to 7 p.m., the draw need only open 15 
minutes before the hour and 15 minutes after hour; and year-round from 
11 p.m. to 8 a.m., the draw need only open if at least four hours 
notice is given.
    Parsons Brinkerhoff, a design consultant, on behalf of NJDOT 
requested a temporary change to the existing regulations for the Route 
35 Bridge to facilitate necessary repairs. The repairs, which consist 
of extensive structural rehabilitation, mechanical, and electrical 
repairs and improvements, necessitate this closure. To facilitate 
repairs, the bascule span must be closed to vessel traffic on three 
four-month closure periods from 8 a.m. on November 1, 2006 until 5 p.m. 
March 1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 
2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 1, 2009.
    The Coast Guard has reviewed the bridge data provided by NJDOT. The 
data, from years 2003 to 2005, shows a substantial decrease in the 
number of bridge openings and vessel traffic transiting the area 
between November and March. Based on the data provided, these closure 
dates will have minimal impact on vessel traffic.

Discussion of Comments and Changes

    The Coast Guard received four (4) comments on the NPRM [FR Doc.05-
14322] governing the Route 35 Bridge over the Manasquan River, at NJICW 
mile 1.1, at Brielle, New Jersey, set out in 33 CFR 117.733(b). The 
comments were from local vessel owners and supportive of the temporary 
change. The Coast Guard will temporarily suspend 33 CFR 117.733(b) and 
insert this new specific regulation at 33 CFR 117.733(l).
    Paragraph (l) would allow the draw to be closed to vessel traffic 
during the rehabilitation project on three four-month closure periods 
from 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; from 8 a.m. 
on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. on 
November 1, 2008 until 5 p.m. March 1, 2009.

Discussion of Rule

    The Coast Guard made a drafting error in the NPRM [FR Doc. 05-
14322]. However, this error does not affect the intent of this 
temporary final rule, so a supplemental NPRM will not be published.
    The text of the rule will be revised as described in the next 
paragraph.
    From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2009; in 
Sec.  117.733, suspend paragraph (b) and add a new paragraph (l) to 
read as follows:
    (l) The draw of the Route 35 Bridge, mile 1.1 across Manasquan 
River at Brielle, shall open on signal except as follows:
    (1) From May 15 through September 30:
    (i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10 
p.m., the draw need only open 15 minutes before the hour and 15 minutes 
after the hour.
    (ii) On Mondays to Thursdays from 4 p.m. to 7 p.m. and on Fridays, 
except Federal holidays from 12 p.m. to 7 p.m., the draw need only open 
15 minutes before the hour and 15 minutes after the hours.
    (2) Year-round, unless provided by (1)(3), from 11 p.m. to 8 a.m., 
the draw need only open if at least four hours notice is given.
    (3) From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; 
from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 
a.m. on November 1, 2008 until 5 p.m. March 1, 2009, the Route 35 
Bridge, mile 1.1, at Brielle may remain in the closed position to 
navigation.

Regulatory Evaluation

    This temporary final 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 (DHS).
    We expect the economic impact of this temporary final 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 historical data, and on the fact that the closure periods 
support minimal impact due to the reduced number of vessels requiring 
transit through the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this temporary final 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 temporary 
final rule would not have a significant economic impact on a 
substantial number of small entities. The off-season closure dates for 
the bridge are designed to minimize the number of small entities 
affected.
    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 (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. 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. 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 temporary final rule would call for no new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

[[Page 10435]]

Federalism

    A temporary final 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 temporary final 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 temporary final rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This 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 temporary final 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 temporary final 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 safety that 
might disproportionately affect children.

Indian Tribal Governments

    This temporary final 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 temporary final rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this temporary final rule under Commandant 
Instruction M16475.lD, 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 temporary final rule is categorically 
excluded, under figure 2-1, paragraph (32)(e) of the Instruction, from 
further environmental documentation because it has been determined that 
the promulgation of operating regulations for drawbridges are 
categorically excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard will amend 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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 Pub. L. 102-587, 106 Stat. 5039.

0
2. From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2009; in Sec.  
117.733, suspend paragraph (b) an add a new paragraph (l) to read as 
follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (l) The draw of the Route 35 Bridge, mile 1.1 across Manasquan 
River at Brielle, shall open on signal except as follows:
    (1) From May 15 through September 30:
    (i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10 
p.m., the draw need only open 15 minutes before the hour and 15 minutes 
after the hour.
    (ii) On Mondays to Thursdays from 4 p.m. to 7 p.m. and on Fridays, 
except Federal holidays from 12 p.m. to 7 p.m., the draw need only open 
15 minutes before the hour and 15 minutes after the hours.
    (2) Year-round, unless otherwise provided by paragraph (l)(3) of 
this section, from 11 p.m. to 8 a.m., the draw need only open if at 
least four hours notice is given.
    (3) From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; 
from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 
a.m. on November 1, 2008 until 5 p.m. March 1, 2009, the Route 35 
Bridge, mile 1.1, at Brielle may remain in the closed position to 
navigation.

    Dated: February 17, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-1915 Filed 2-28-06; 8:45 am]
BILLING CODE 4910-15-P