[Federal Register Volume 71, Number 224 (Tuesday, November 21, 2006)]
[Rules and Regulations]
[Pages 67302-67303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19673]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-131]
RIN 1625-AA09
Drawbridge Operation Regulations; New Jersey Intracoastal
Waterway, Manasquan River, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final Rule.
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SUMMARY: The Coast Guard is changing the 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
final rule will allow the drawbridge to provide vessel openings upon
four hours advance notice from December 1 to March 31. This change will
eliminate the continual attendance of draw tender services during the
non-peak boating season while still providing the reasonable needs of
navigation.
DATES: This rule is effective December 21, 2006.
ADDRESSES: 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 CGD05-05-131 and are available for inspection or
copying at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The Fifth Coast Guard District maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Bill H. Brazier, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6422.
SUPPLEMENTARY INFORMATION:
Regulatory History
On December 21, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; New Jersey
Intracoastal Waterway; Manasquan River, NJ'' in the Federal Register
(70 FR 75765). We received no 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.
The Route 35 Bridge, a bascule-type drawbridge, has a vertical
clearance in the closed position to vessels of 30 feet, at mean high
water.
The NJDOT has requested a change to the existing regulations for
the Route 35 Bridge. This final rule will reduce draw tender services
during the non-peak boating season by requiring openings of the bridge
if at least four hours advance notice is given from December 1 to March
31.
We reviewed the yearly drawbridge logs provided by NJDOT for the
years 2000 to 2004, which revealed that the bridge opened for vessels
970, 835, 811, 716 and 685 times, respectively. NJDOT contends that the
vessel traffic through the bridge is minimal during the winter months.
During the period from December 1 to March 31, from 7 a.m. to 11 p.m.,
the bridge data for the years 2000 to 2004, the bridge opened 51, 61,
49, 48 and 47 times, respectively. The data shows a significant
decrease in the number of bridge openings during the non-peak boating
season.
Based on the data provided, this change will have minimal impact on
vessel traffic.
Discussion of Comments and Changes
The Coast Guard received no comments on the NPRM, and no changes
were made.
Discussion of Rule
This final rule amends the regulations 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) by revising paragraph(b)(2).
An amended paragraph (b)(2) will read ``Year-round from 11 p.m. to
8 a.m. and at all times from December 1 to March 31, the draw need only
open if at least four hours notice is given.''
Regulatory Evaluation
This 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 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 this change supports 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 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.
For the reasons cited in the section on economic effects above, the
Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not
have a significant economic impact on a substantial number of small
entities.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process.
[[Page 67303]]
No assistance was requested from any small entity.
Collection of Information
This rule calls 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 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 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 rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminates ambiguity, and reduce burden.
Protection of Children
We have analyzed this 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 rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide 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 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 amends 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; 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.
0
2. In Sec. 117.733, paragraph (b)(2) is revised to read as follows:
Sec. 117.733 New Jersey Intracoastal Waterway.
* * * * *
(b)(2) Year-round from 11 p.m. to 8 a.m., and at all times from
December 1 to March 31, the draw need only open if at least four hours
notice is given.
* * * * *
Dated: November 7, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E6-19673 Filed 11-20-06; 8:45 am]
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