[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79534-79536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32735]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0698]
RIN 1625-AA09


Drawbridge Operation Regulation; New Jersey Intracoastal Waterway 
(NJICW), Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operations of two New Jersey Department of Transportation (NJDOT) 
bridges: The Route 30/Absecon Boulevard Bridge across Beach Thorofare, 
NJICW mile 67.2 and the US 40-322 (Albany Avenue) Bridge across Inside 
Thorofare, NJICW mile 70.0, both at Atlantic City, NJ. The change will 
alter the dates that these bridges are allowed to have delayed openings 
or remain in the closed position to accommodate heavy volumes of 
vehicular traffic due to the annual July 4th fireworks shows and the 
annual Air Show at Bader Field.

DATES: This rule is effective January 23, 2012.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2011-0698 and are available online by 
going to http://www.regulations.gov, inserting USCG-2011-0698 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Regulatory Information

    On August 12, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; New Jersey 
Intracoastal Waterway (NJICW), Atlantic City, NJ in the Federal 
Register (76 FR 50161). We received no comments on the proposed rule. 
No public meeting was requested, and none was held.

Basis and Purpose

    NJDOT has requested a change in the operating regulations of the 
Route 30/Absecon Boulevard Bridge across Beach Thorofare, NJICW mile 
67.2 and the US 40-322 (Albany Avenue) Bridge across Inside Thorofare, 
NJICW mile 70.0, both at Atlantic City, NJ. The two Atlantic City July 
4th fireworks shows and the Air Show at Bader Field are annual events 
held at Atlantic City and heavy volumes of vehicular traffic transit 
across both bridges to attend them. This rule allows the above 
mentioned bridges to remain in the closed position from 9:40 p.m. 
through 11:15 p.m. on July 4th or on July 5th should inclement weather 
prevent the fireworks event from taking place as planned. This rule 
also allows the above mentioned bridges to open every two hours on the 
hour from 10 a.m. through 4 p.m. and to remain in the closed position 
from 4 p.m. through 8 p.m. on the third or fourth Wednesday of every 
August during the annual Air Show at Bader Field. The exact dates of 
the closures will be published locally in the Local Notice to Mariners 
and Broadcast Notice to Mariners.
    The Route 30/Absecon Boulevard Bridge is a bascule drawbridge with 
a vertical clearance of 20 feet above mean high water in the closed 
position and unlimited in the open position. The current operating 
schedule for the bridge is set out in 33 CFR 117.733(e) and was last 
amended in April 2009. The operating regulation states that the bridge 
shall open on signal if at least four hours of notice has been given, 
except that from April 1 through October 31 the bridge need only open 
on the hour from 7 a.m. to 11 p.m. The US 40-322 (Albany Avenue Bridge) 
is a bascule drawbridge with a vertical clearance of 10 feet above mean 
high water in the closed position and unlimited in the open position. 
The current operating schedule for the bridge is set out in 33 CFR 
117.733(f) and was last amended in April 2009. The current operating 
regulation states that year-round from 11 p.m. to 7 a.m.; and from 
November 1 through March 31 from 3 p.m. to 11 p.m. the draw need only 
open if at least four hours notice is given. In addition from June 1 
through September 30 the draw of the bridge need only open on the hour 
and half hour from 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m.; and from 
4 p.m. to 6 p.m. the draw need not open.

Discussion of Comments and Changes

    No comments were received on the proposed rule and no changes were 
made to the proposed rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866. The 
Office of Management and Budget has not reviewed it under that Order.
    The changes are expected to have minimal impacts on mariners due to 
the short duration that the drawbridges will be maintained in the 
closed position and have delayed openings. Both events have been 
observed in past years with little to no impact on marine traffic. 
Maintaining the bridges in the closed position for these short time 
periods is also a necessary measure to facilitate public safety that 
allows for the orderly movement of vehicular traffic before, during, 
and after the events.

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

[[Page 79535]]

governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This action will not have a significant impact on a substantial 
number of small entities because the rule adds minimal restrictions to 
the movement of navigation and mariners who plan their transits in 
accordance with the scheduled bridge closures can minimize delay. 
Vessels that can safely transit under the bridges may do so at any 
time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM (SNPRM) we offered 
to assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.

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 (adjusted for 
inflation) 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 will not cause 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, 
eliminate 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 Department of Homeland Security 
Management Directive 023-01 and 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. In Sec.  117.733, revise paragraph (e) and add paragraphs (f)(3) and 
(4) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway

* * * * *
    (e) The draw of the Route 30 Bridge across Beach Thorofare, mile 
67.2 at Atlantic City, shall open on signal if at least four hours of 
notice is given; except that:
    (1) From April 1 through October 31, from 7 a.m. to 11 p.m. the 
draw need only open on the hour.
    (2) On July 4, the draw need not open from 9:40 p.m. until 11:15 
p.m. to accommodate the annual July 4th fireworks show. Should 
inclement weather prevent the fireworks event from taking place as 
planned, the draw need not open from 9:40 p.m. until 11:15 p.m. on July 
5th to accommodate the annual July 4th fireworks show.
    (3) On the third or fourth Wednesday of August the draw will open 
every two hours on the hour from 10 a.m. until 4 p.m. and need not open 
from 4 p.m. until 8 p.m. to accommodate the annual Air Show.
    (f) * * *
    (3) On July 4, the draw need not open from 9:40 p.m. until 11:15 
p.m. to

[[Page 79536]]

accommodate the annual July 4th fireworks show. Should inclement 
weather prevent the fireworks event from taking place as planned, the 
draw need not open from 9:40 p.m. until 11:15 p.m. on July 5th to 
accommodate the annual July 4th fireworks show.
    (4) On the third or fourth Wednesday of August, the draw will open 
every two hours on the hour from 10 a.m. until 4 p.m. and need not open 
from 4 p.m. until 8 p.m. to accommodate the annual Air Show.
* * * * *

    Dated: November 24, 2011.
William D. Lee,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2011-32735 Filed 12-21-11; 8:45 am]
BILLING CODE 9110-04-P