[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44696-44698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18282]



[[Page 44696]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0711]
RIN 1625-AA09


Drawbridge Operation Regulation; Raccoon Creek, Bridgeport, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the U.S. Route 130 lift bridge over Raccoon Creek at mile 
marker 1.8 in Bridgeport, NJ. The new rule will change the time of year 
that the bridge opens on signal. For the months that no longer open on 
signal, the bridge will open with four hours advanced notice.

DATES: This rule is effective September 2, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0711. 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 rule, 
call or email Mrs. Jessica Shea, Fifth Coast Guard District Bridge 
Administration Division, Coast Guard; telephone 757-398-6422, email 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, 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
NJDOT New Jersey Department of Transportation
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On October 28, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Raccoon Creek, 
Bridgeport, NJ in the Federal Register (78 FR 64189). We received two 
comments on the proposed rule. On May 29, 2014, we published a notice 
to reopen the comment period in the Federal Register (79 FR 30781). No 
comments were made in response to the May 29, 2014 notice. No public 
meeting was requested, and none was held.

B. Basis and Purpose

    The bridge owner, NJDOT, requested a change in the operation 
regulation for the U.S. Route 130 bridge, mile 1.8, across Raccoon 
Creek. The majority of vessels that use this waterway are recreational 
boats that travel during the summer and fall months of May through 
October. The current operating schedule requires openings on signal 
from 7 a.m. to 11 p.m. between the months of March through November and 
a 4 hour advance notice at all other times. NJDOT provided the Coast 
Guard with the bridge tender logs to illustrate the marine traffic 
patterns on Raccoon Creek. Based on the information provided by the 
bridge tenders, there have been very few requests requiring openings 
between March 1 through April 30 and November 1 through November 30 
during the 7 a.m. to 11 p.m. time period. (See Table A)

                                                   Table A--Bridge Openings for January 2007-June 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Month                        2013            2012            2011            2010            2009            2008            2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
January.................................               8               0               0               2               0               2               0
February................................               8               0               0               1               0               0               0
March...................................               7               0               0               5               0               0               0
April...................................              22               5               0              10              15              13               2
May.....................................              39              12              13              33              14              20              17
June....................................              52              27              33              42              33              38              40
July....................................  ..............              36              19              30              81              49              65
August..................................  ..............              27              14              21              59              38              57
September...............................  ..............              34               8              31              59              45              56
October.................................  ..............              12              12               4              26              17              10
November................................  ..............               8              14               1               2              10               1
December................................  ..............               1               4               0               6               0               2
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................  ..............             162             117             180             295             232             250
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The vertical clearance of the vertical lift bridge is 5 feet above 
mean high water in the closed position and 64 feet above mean high 
water in the open position. In order to align the operating schedule 
with the observed marine traffic, this rule changes the open on demand 
requirement for March 1 through April 30 and November 1 through 
November 30 to require a 4 hour advance notice.

C. Discussion of Comments, Changes and the Final Rule

    Two comments were made in response to the Notice of Proposed 
Rulemaking published on October 28, 2013 (78 FR 64189). These comments 
were posted to the Docket USCG-2013-0711. The first comment was 
regarding the rationale behind the proposed change. The second comment 
was regarding the history of marine transits on the waterway during the 
month of April. We addressed both of these comments in the notice that 
was published in the Federal Register on May 29, 2014 (79 FR 30781). 
The Coast Guard did not change the proposed regulation in response to 
either of the comments.
    Under this rule, if vessels require an opening during any time of 
the year outside the summer and fall season (May through October) or 
between the hours of 11 p.m. and 7 a.m., the bridge will open with a 4 
hour advanced notice. The impact to vessels of the proposed change to 
the regulation is that vessels which require openings

[[Page 44697]]

during March, April or November will need to provide 4 hours advanced 
notice.

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. The impact to vessels of this 
regulation is that vessels which require openings during March, April, 
or November will need to provide 4 hours advanced notice. Based on the 
average logged openings during 2007-2013 during the months of March, 
April and November, the bridge tender logs indicate that fewer than 20 
vessels annually require openings in those months. This regulation 
change should not have an adverse effect on their transit because the 
bridge is able to open if the mariner provides at least 4 hours of 
advance notice.

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.
    The Coast Guard received a comment from a marina owner on Raccoon 
Creek regarding the month of April. The modification to the operating 
schedule for the Route 130 bridge over Raccoon Creek will not 
significantly impact the marina because vessels may still request an 
opening from the bridge during the month of April with four hours 
notice. The regulatory text remains unchanged from the Notice of 
Proposed Rulemaking.
    Furthermore, this rule amends the months of the year when the draw 
must open on signal when it is documented that vessel traffic is low. 
Vessels may still transit the bridge by requesting an opening with 4 
hours advanced notice during the months of March, April, and November.

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 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 an 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.

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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 that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule promulgates the operating regulations or 
procedures for drawbridges. 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 Sec.  117.741(a) to read as follows:


Sec.  117.741  Raccoon Creek.

    (a) The draw of the Route 130 highway bridge, mile 1.8 at 
Bridgeport, shall open on signal:
    (1) May 1 through October 31, from 7 a.m. to 11 p.m.
    (2) At all other times, if at least four hours notice is given.
* * * * *

    Dated: July 17, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2014-18282 Filed 7-31-14; 8:45 am]
BILLING CODE 9110-04-P