[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21626-21628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08787]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0926]
RIN 1625-AA09


Drawbridge Operation Regulation; New Jersey Intracoastal Waterway 
(NJICW), Barnegat Bay, Seaside Heights, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the S37 Bridge, at NJICW mile 14.1 over Barnegat 
Bay, at Seaside Heights, NJ. Over the span of two and half years, the 
bridge will be closed to navigation for three four-month closure 
periods. Extensive replacement of parts and repairs to the bridge 
necessitate these closures.

DATES: This temporary final rule is effective from 8 a.m., on December 
1, 2015 to 8 p.m., March 31, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0926. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 
temporary rule, call or email Mr. Jim Rousseau,

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Bridge Management Specialist, Coast Guard, telephone (757) 398-6557, 
email [email protected]. If you have questions on reviewing 
the docket, call Cheryl Collins, Program Manager, Docket Operations, 
(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

    On December 17, 2013, we published a NPRM titled, ``Drawbridge 
Operation Regulation; New Jersey Intracoastal Waterway, Barnegat Bay, 
Seaside Heights, NJ'' in the Federal Register (78 FR 76255). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.

B. Basis and Purpose

    Parsons Brinkerhoff, a design consultant on behalf of NJDOT, 
requested a temporary change to the existing regulations for the S37 
Bridge to facilitate necessary repairs. The repairs consist of 
extensive structural rehabilitation, decking replacement, bearing 
replacement, electrical repairs, gate replacement and improvements to 
necessitate this closure. To facilitate repairs, the bascule span will 
be maintained in the closed position to navigation on three four-month 
closure periods beginning at 8 a.m., December 1, 2015 until 8 p.m., 
March 31, 2016; from 8 a.m., December 1, 2016 until 8 p.m., March 31, 
2017; and from 8 a.m., December 1, 2017 until 8 p.m. March 31, 2018.
    The Coast Guard has reviewed the bridge data provided by NJDOT. The 
data, from years 2004 to 2013, shows a substantial decrease in the 
number of bridge openings and vessel traffic transiting the area 
between December and March. Spring and fall average openings are 
approximately 100 per month. In the winter months, openings average 
approximately 6 vessel openings per month. A survey was conducted with 
nine local commercial marinas that also indicated, there will be 
minimal impact to their customers and operations. The S37 Bridge, also 
known locally as the Thomas A. Mathis Bridge, is a double leaf bascule 
bridge with a vertical clearance of approximately 30 feet, above mean 
high water. Based on the data provided, the proposed closure dates will 
have minimal impact on vessel traffic.

C. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard will temporarily revise the operating regulations 
at 33 CFR 117.733(c)(1) governing the S37 Bridge, at NJICW mile 14.1, 
over Barnegat Bay, at Seaside Heights, NJ. The Coast Guard will 
temporarily suspend 33 CFR 117.733(c)(1) and insert this new regulation 
at 33 CFR 117.733(c)(4).
    Paragraph (c)(4) will allow the draw to be maintained in the closed 
position to vessels during the extensive rehabilitation project on 
three four-month closure periods beginning 8 a.m., December 1, 2015 
until 8 p.m., March 31, 2016; from 8 a.m., December 1, 2016 until 8 
p.m., March 31, 2017; and from 8 a.m., December 1, 2017 until 8 p.m., 
March 31, 2018. Vessels with a mast height of less than 30 feet can 
pass underneath the bridge in the closed position at anytime. The 
Atlantic Ocean is the only alternate route available for vessels unable 
to pass underneath the bridge and the bridge will be unable to open 
during the closure period. The Coast Guard provided a comment period of 
60 days and no comments were received on the proposed rule.

D. Regulatory Analyses

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

1. 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 Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. This change is not a 
significant regulatory action because it is expected to have minimal 
impact on mariners due to a slow down of users in the winter months 
with no anticipated change to vessel traffic.

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 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 received no comments from the Small Business 
Administration on this rule. 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 economic impact on a 
substantial number of small entities for the following reasons. There 
have been minimal vessel requests requiring openings for the past 9 
years in the winter months. Vessels that can safely transit under the 
bridge may do so at any time.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the 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

[[Page 21628]]

have determined that it does not have implications for federalism.

6. 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.

7. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. 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 involves the change to the operating schedule 
for the S37 Barnegat Bay Bridge in order to accommodate necessary 
repair. 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 
temporarily 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, suspend paragraph (c)(1) and add a new paragraph 
(c)(4), to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (c) * * *
    (4) From 8 a.m. December 1, 2015 until 8 p.m. March 31, 2016; from 
8 a.m. December 1, 2016 until 8 p.m. March 31, 2017; and from 8 a.m. 
December 1, 2017 until 8 p.m. March 31, 2018, the S37 Bridge, mile 
14.1, at Seaside Heights may remain closed to navigation.
* * * * *

    Dated: April 2, 2014.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2014-08787 Filed 4-16-14; 8:45 am]
BILLING CODE 9110-04-P