[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Proposed Rules]
[Pages 16153-16156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05154]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0647]
RIN 1625-AA09


Drawbridge Operation Regulation; New Jersey Intracoastal 
Waterway, Point Pleasant, NJ

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Route 88 (Veterans Memorial) Bridge and Route 13 
(Lovelandtown) Bridge across the New Jersey Intracoastal Waterway 
(NJICW) at Point Pleasant Canal, mile 3.0 and 3.9, respectively at 
Point Pleasant, NJ. This proposed modification will allow the 
drawbridges to be maintained in the closed position overnight.

DATES: Comments and related material must reach the Coast Guard on or 
before April 26, 2021.

[[Page 16154]]


ADDRESSES:  You may submit comments identified by docket number USCG-
2020-0647 using Federal e-Rulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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 Intracoastal Waterway

II. Background, Purpose and Legal Basis

    The New Jersey Department of Transportation, which owns and 
operates the Route 88 (Veterans Memorial) Bridge and Route 13 
(Lovelandtown) Bridge, across the NJICW at Point Pleasant Canal, mile 
3.0 and 3.9, respectively, at Point Pleasant, NJ, has requested this 
modification to reduce the number of bridge openings during off-peak 
hours.
    The Route 88 (Veterans Memorial) Bridge across the NJICW at Point 
Pleasant Canal, mile 3.0, at Point Pleasant, NJ, has a vertical 
clearance of 10 feet above mean high water in the closed-to-navigation 
position. The bridge currently operates under 33 CFR 117.5.
    The Route 13 (Lovelandtown) Bridge across the NJICW at Point 
Pleasant Canal, mile 3.9, at Point Pleasant, NJ, has a vertical 
clearance of 30 feet above mean high water in the closed-to-navigation 
position. The bridge currently operates under 33 CFR 117.5.
    The Point Pleasant Canal is used predominately by recreational 
vessels and pleasure craft. The three-year average number of bridge 
openings, maximum number of bridge openings, and bridge openings 
between 11 p.m. to 7 a.m., by month and overall for August 2017, 
through August 2020, as drawn from the data contained in the bridge 
tender logs, is presented below. There is a monthly average of two 
bridge openings for each bridge, from 11 p.m. to 7 a.m., from August 
2017 to August 2020.

----------------------------------------------------------------------------------------------------------------
                                                                                                     Proposed
                              Month                                   Average         Maximum       openings 11
                                                                     openings        openings      p.m.- 7 a.m.
----------------------------------------------------------------------------------------------------------------
January.........................................................               4              14               0
February........................................................               2               7               0
March...........................................................               7              21               0
April...........................................................              24              72               2
May.............................................................              51             154               6
June............................................................              74             223              18
July............................................................             125             376              20
August..........................................................             101             407              20
September.......................................................              63             190               8
October.........................................................              51             155               6
November........................................................              29              89               7
December........................................................              16              49               1
----------------------------------------------------------------------------------------------------------------

III. Discussion of Proposed Rule

    The bridge owner has requested to modify the operating regulation 
for the bridges, due to the limited number of requested openings of the 
bridges from 11 p.m. to 7 a.m., over a period of approximately three 
years. The data presented in the table above demonstrates that the 
requested modification may be implemented with de minimis impact to 
navigation. This proposed modification will allow the drawbridges to be 
maintained in the closed position from 11:01 p.m. to 6:59 a.m. and 
shall open on signal, if at least four hours advance notice is given.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 an 
average of only two bridge openings occurred per month from 11 p.m. to 
7 a.m., from August 2017 through August 2020.

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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridges may be small entities, for the reasons stated in section IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity

[[Page 16155]]

and that this rule would have a significant economic impact on it, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would call 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 proposed 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 proposed 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. 
If you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.733 as follows:
0
a. Remove paragraphs (i) and (k);
0
b. Redesignate paragraphs (b) through (h) and (j) as paragraphs (d) 
through (k), respectively; and
0
c. Add new paragraphs (b) and (c).
    The additions read as follows:


Sec.  117.733   New Jersey Intracoastal Waterway.

* * * * *
    (b) The draw of the Route 88 Bridge, mile 3.0, across Point 
Pleasant Canal at Point Pleasant, shall operate as follows:
    (1) From 7 a.m. to 11 p.m. the draw shall open on signal.
    (2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if 
at least four hours advance notice is given.
    (c) The draw of the Route 13 Bridge, mile 3.9, across Point 
Pleasant Canal at Point Pleasant, shall operate as follows:
    (1) From 7 a.m. to 11 p.m. the draw shall open on signal.
    (2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if 
at least four hours advance notice is given.
* * * * *


[[Page 16156]]


    Dated: March 5, 2021.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-05154 Filed 3-25-21; 8:45 am]
BILLING CODE 9110-04-P