[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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