[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46966-46968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18063]


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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, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation that governs 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. The final rule allows the 
drawbridges to be maintained in the closed position overnight.

DATES: The rule is effective September 22, 2021.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0647. 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 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

    On March 26, 2021, we published a noticed of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; New Jersey 
Intracoastal Waterway, Point Pleasant, NJ in the Federal Register (86 
FR 16153). We received no comments on this rule. 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.

------------------------------------------------------------------------
                                                             Average
            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
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[[Page 46967]]

III. Discussion of Final Rule

    The bridge owner 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. The 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 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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. 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 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 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.
    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 rule or any policy or action of the 
Coast Guard.

C. Collection of Information

    This 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 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 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.

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. 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.

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; DHS Delegation No. 
0170.1.


0
2. Revise Sec.  117.733 as follows:
0
a. Remove paragraphs (i) and (k);
0
b. Redesignate paragraph (j) as paragraph (k);
0
c. Redesignate paragraphs (b) through (h) as (d) through (i), and;
0
d. 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.

[[Page 46968]]

    (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.
* * * * *

    Dated: August 9, 2021.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-18063 Filed 8-20-21; 8:45 am]
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