[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Rules and Regulations]
[Pages 7649-7651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02058]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0334]
RIN 1625-AA09


Drawbridge Operation Regulation; New Jersey Intracoastal 
Waterway, Atlantic City, 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 Route 30 (Absecon Boulevard) Bridge across 
the New Jersey Intracoastal Waterway (NJICW), Beach Thorofare, mile 
67.2, at Atlantic City, NJ. This temporary modification will allow the 
drawbridge to remain in the closed-to-navigation position to 
accommodate critical bridge maintenance.

DATES: This temporary final rule is effective from March 3, 2021, 
through 5 p.m. on March 31, 2023.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0334 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Mickey Sanders, Bridge Administration Branch, Fifth 
District, U.S. Coast Guard, telephone (757) 398-6587, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
NJICW New Jersey Intercoastal Waterway

II. Background Information and Regulatory History

    On September 16, 2020, the Coast Guard published a notice of 
proposed rulemaking entitled ``Drawbridge Operation Regulation; New 
Jersey Intracoastal Waterway, Atlantic City, NJ'' in the Federal 
Register (85 FR 57808). We received one favorable comment and one 
irrelevant comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The New Jersey Department of Transportation, which owns and operates 
the Route 30 (Absecon Boulevard) Bridge, across the NJICW Beach 
Thorofare, at mile 67.2, in Atlantic City, NJ, requested the 
modification to allow the drawbridge to remain in the closed-to-
navigation position. The closure is necessary to facilitate bridge 
maintenance of the drawbridge, while ensuring the safety of those 
performing bridge maintenance and vessels navigating in the area. A 
work platform will reduce the horizontal clearance of the navigation 
channel to approximately 30 feet and temporary shielding will reduce 
the vertical clearance of the entire bridge to approximately 19 feet 
above mean high water in the closed position.
    Under the temporary final rule, the drawbridge will remain in the 
closed-to-navigation position from 8 a.m. on March 3, 2021, through 5 
p.m. on March 31, 2021; from 8 a.m. on November 1, 2021, through 5 p.m. 
on March 31, 2022; and from 8 a.m. on November 1, 2022, through 5 p.m. 
on March 31, 2023. At all other times the drawbridge will operate per 
33 CFR 117.733 (e). The bridge will not be able to open for emergencies 
and there is no immediate alternative route for vessels unable to pass 
through the bridge in the closed position. Vessels that can safely 
transit through the bridge in the closed position with the reduced 
vertical and horizontal clearances may do so, if at least 30 minutes 
notice is given, to allow for safe navigation.

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

    The Coast Guard provided a period of 30 days and two comments were 
received. One was in favor of the schedule change, and the other was 
outside the scope of the proposed regulation. No changes were made to 
the regulatory text of this temporary final rule.

V. Regulatory Analyses

    The Coast Guard developed this rule after considering numerous 
statues and Executive Orders related to rulemaking.

[[Page 7650]]

Below we summarize our analyses based on a number of these statues and 
Executive Orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that the 
closure will occur outside of recreational boating season on the NJICW, 
and only during specific daily hours. An average of only 40 annual 
bridge openings occurred for recreational vessels and light tugs from 
November 1 to March 31 between 2015 through 2017.

B. 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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, 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series), which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined 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 and is categorically excluded 
from further review, under paragraph L49, of Chapter 3, Table 3-1 of 
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

G. 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.

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.  117.733 by adding paragraph (e)(4) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (e) * * *
    (4) From 8 a.m. on March 3, 2021, through 5 p.m. on March 31, 2021; 
from 8 a.m. on November 1, 2021, through 5 p.m. on March 31, 2022; and 
from 8 a.m. on November 1, 2022, through 5 p.m. on March 31, 2023, the 
drawbridge will be maintained in the closed-to-navigation position. A 
work platform will reduce the horizontal clearance of the navigation 
channel to approximately 30

[[Page 7651]]

feet and temporary shielding will reduce the vertical clearance of the 
entire bridge to approximately 19 feet above mean high water in the 
closed position. Vessels that can safely transit through the bridge in 
the closed position with the reduced clearances may do so, if at least 
30 minutes notice is given, to allow for safe navigation.
* * * * *

    Dated: January 13, 2021.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-02058 Filed 1-29-21; 8:45 am]
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