[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Rules and Regulations]
[Pages 70372-70373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28127]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0930]
RIN 1625-AA09


Drawbridge Operation Regulation; Shark River (South Channel), 
Avon Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation that governs the opening of the S35 Bridge, mile 0.9, across 
Shark River (South Channel) at Avon Township, NJ. The existing 
regulation contains a drawbridge operation schedule for the S35 Bridge. 
However, the existing bridge was modified in 2006 from a movable bridge 
to a fixed bridge. Since the bridge is no longer a movable bridge, the 
regulation controlling the opening and closing of the bridge is no 
longer necessary.

DATES: This rule is effective November 26, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2012-0930 and are available by 
going to http://www.regulations.gov, inserting USCG-2012-0930 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Jim Rousseau, Bridge Management Specialist, Fifth Coast 
Guard District; telephone 757-398-6557, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the S35 bridge that once required 
draw operations as outlined in 33 CFR 117.751 was modified from a 
movable bridge to a fixed bridge. As such, the bridge no longer opens 
for the passage of vessels. Therefore, the regulation is no longer 
applicable and should be removed from publication. It is unnecessary to 
publish an NPRM because this regulatory action does not purport to 
place any restrictions on mariners but rather removes a restriction 
that has no further use or value.
    Under 5 U.S.C. 553(d)(1), a rule that relieves a restriction is not 
required to provide the 30 day notice period before its effective date. 
Since the purpose of this rule is to remove the S35 Bridge operation 
requirements under 33 CFR 117.751, the Coast Guard is removing a 
regulatory restriction currently imposed on the public. As such, the 
Coast Guard finds that good cause exists for making this rule effective 
in less than 30 days after publication in the Federal Register. The 
bridge has been a fixed bridge for 6 years and this rule merely 
requires an administrative change to the Federal Register, in order to 
omit a regulatory requirement that is no longer applicable or 
necessary. The modification has already taken place and the removal of 
the regulation will not affect mariners currently operating on this 
waterway.

B. Basis and Purpose

    On June 25, 1999, a Coast Guard Bridge Permit (1-99-5) was issued 
to the New Jersey Department of Transportation (NJDOT) to replace the 
existing bascule bridge, which carries S35 over Shark River (South 
Channel) at Avon Township NJ, with a new fixed bridge. NJDOT completed 
construction for a new fixed bridge in June 2006. The elimination of 
this drawbridge necessitates the removal of the drawbridge operation 
regulation, in 33 CFR 117.751 that contains an operating schedule 
pertaining to the former drawbridge.

C. Discussion of the Final Rule

    The Coast Guard is changing the regulation in 33 CFR part 117 
without publishing an NPRM. The change removes the regulation governing 
a movable bridge that was modified to a fixed bridge. Specifically, 
this rule will remove the section of 33 CFR 117.751 that refers to the 
S35 Bridge at mile 0.9, from the Code of Federal Regulations since it 
governs a bridge that is no longer able to be opened.

D. Regulatory Planning and Review

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

1. Regulatory Analysis

    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 13653, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
Order 12866 or under section 1 of Executive Order 13563. The Office of 
Management and Budget has not reviewed it under those Orders. We 
reached this conclusion based on the fact that a special operating 
regulation exists for movable bridges and as this bridge has been 
modified to a fixed bridge, the regulation is unnecessary.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small

[[Page 70373]]

entities during rulemaking. 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 rule will not have a 
significant economic impact on a substantial number of small entities. 
This final rule would affect the following entities, some of which 
might be small entities: None. Due to the fact that the bridge has been 
a fixed bridge for 6 years, this final rule will not have a significant 
economic impact on a substantial number of small entities.

3. 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.).

4. 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 States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
We have analyzed this rule under that Order and have determined that it 
does not have implications for federalism.

5. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

6. 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.

7. Taking of Private Property

    This rule will 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.

8. 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.

9. 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 does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

10. 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.

11. 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.

12. Technical Standards

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

13. 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. Revise the introductory text and paragraph (a) of Sec.  117.751 to 
read as follows:


Sec.  117.751  Shark River (South Channel).

    The draws of the S71 Bridge, mile 0.8, and the Railroad Bridge, 
mile 0.9, both at Avon, operate as follows:
    (a) The bridges operate as one unit. The owners shall provide 
signal systems so connected that the operator of either bridge may 
simultaneously notify the operator of the other bridge. The operator of 
the first bridge to be passed shall be responsible for observing the 
approach vessels, for receiving and acknowledging signals, and for 
coordinating the opening of the other draw.
* * * * *

    Dated: October 25, 2012.
Steven H. Ratti,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2012-28127 Filed 11-23-12; 8:45 am]
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