[Federal Register: October 29, 2004 (Volume 69, Number 209)]
[Proposed Rules]
[Page 63109-63111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc04-27]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-04-169]
RIN 1625-AA09
Drawbridge Operation Regulations: New Jersey Intracoastal
Waterway, Point Pleasant Canal, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of the Route 13/Lovelandtown Bridge across Point Pleasant
Canal, at New Jersey Intracoastal Waterway (NJICW) mile 3.9, in Point
Pleasant, NJ. The bridge will be closed to navigation beginning 8 a.m.
on January 3, 2005, through 5 p.m. on March 31, 2005. This closure is
necessary to facilitate extensive mechanical rehabilitation and to
maintain the bridge's operational integrity.
DATES: Comments and related material must reach the Coast Guard on or
before December 28, 2004.
ADDRESSES: You may mail comments and related material to Commander
(obr), Fifth Coast Guard District, Federal Building, 4th Floor, 431
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand
delivered to the same address between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The Commander (obr), Fifth Coast Guard
District maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at the
above address.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-04-
169, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like
confirmation to know if they were received, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of those comments.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Commander, Fifth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time at a place announced by a later notice in the
Federal Register.
Background and Purpose
The New Jersey Department of Transportation (NJDOT) owns and
operates the vertical-lift span of the Route 13/Lovelandtown Bridge
across Point Pleasant Canal, in Point Pleasant, New Jersey. The bridge
has a vertical clearance in the closed and full open position of 30
feet and 65 feet, at mean high water, respectively. The current
regulations are outlined under the general regulations at 33 CFR 117.5,
[[Page 63110]]
which require the bridge to open on signal.
Carr & Duff, Inc., (the contractor), on behalf of NJDOT, has
requested a change to the existing regulations for the Route 13/
Lovelandtown Bridge to facilitate necessary repairs. The repairs
consist of the reinstallation of the motor, brakes and new electrical
gear and control systems of the bridge. To facilitate the repairs, the
vertical-lift span of the drawbridge will be locked in the closed-to-
navigation position from 8 a.m. on January 3, 2005, through 5 p.m. on
March 31, 2005.
The Coast Guard reviewed the bridge logs. The logs revealed for the
months of January, February and March 2004, the bridge opened for
vessels 5, 2, and 9 times, respectively. Vessel operators with mast
height lower than 30 feet still can transit thorough the drawbridge
across Point Pleasant Canal during the rehabilitation. With 24 hours
advance notice, the contractor will provide a bridge opening between
the hours of 9 a.m. and 2 p.m. Monday through Friday for vessels with
mast height greater than 30 feet requiring an opening of draw span
during the proposed closure period. Calling the Bridge Operations
Office at (732) 528-9494 or the contractor at (215) 416-1235 will
provide for advance opening requests. Also, the Atlantic Ocean is an
alternate route for vessels with a mast height greater than 30 feet.
Therefore, vessels should not be negatively impacted by this proposal.
Discussion of Proposed Rule
The Coast Guard proposes to amend the regulations governing the
Route 13/Lovelandtown Bridge across Point Pleasant Canal, ICW mile 3.9,
which currently opens on signal. The Coast Guard proposes to
temporarily amend 33 CFR 117.733 by adding a new paragraph (c) which
would contain the operating schedule for the Route 13/Lovelandtown
Bridge across Point Pleasant Canal, ICW mile 3.9, in Point Pleasant.
This proposed rule would allow the bridge to remain closed to
navigation from 8 a.m. on January 5, 2005, to 5 p.m. on March 31, 2005,
and the advance notice condition for opening the bridge. Upon
completion of the repairs, the bridge would return to the current
operating schedule.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
We reached this conclusion based on the fact that the proposed
changes have only a minimal impact on maritime traffic transiting the
bridge. Vessel operators with mast height lower than 30 feet still can
transit thorough the drawbridge across Point Pleasant Canal during the
rehabilitation. For vessels with mast height greater than 30 feet
requiring an opening of draw span during the proposed closure period,
the contractor will provide a bridge opening between the hours of 9
a.m. and 2 p.m. Monday through Friday if requested 24 hours in advance.
Also, the Atlantic Ocean is an alternate route for vessels with a mast
height greater than 30 feet.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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.
This proposed rule would not have a significant economic impact on
a substantial number of small entities because vessels with mast height
greater than 30 feet requiring an opening of draw span during the
proposed closure period, the contractor will provide a bridge opening
between the hours of 9 a.m. and 2 p.m. Monday through Friday if
requested with 24 hours in advance. This should not prove to be
problematic to commercial operations because they normally schedule the
movement of their equipment well in advance. Vessel operators with mast
height lower than 30 feet still can transit thorough the drawbridge.
Also, the Atlantic Ocean is an alternate route for vessels with a mast
height greater than 30 feet.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
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 Waverly W.
Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, (757)
398-6222.
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.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice
[[Page 63111]]
Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to security that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, 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 there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to temporarily amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of P.L. 102-587, 106 Stat. 5039.
2. From 8 a.m. on January 3, 2005, through 5 p.m. on March 31,
2005, add a new temporary paragraph (l) to Sec. 117.733 to read as
follows:
Sec. 117.733 New Jersey Intracoastal Waterway.
* * * * *
(l) The draw of the Route 13/Lovelandtown Bridge across Point
Pleasant Canal, at mile 3.9, at Point Pleasant, need not be opened for
the passage of vessels from 8 a.m. on January 3, 2005, through 5 p.m.
on March 31, 2005. However, between 9 a.m. to 2 p.m. Monday to Friday,
the draw shall open on signal if at least 24 hours advance notice is
given by calling (732) 528-9494 or (215) 416-1235.
Dated: October 19, 2004.
Sally Brice-O'Hara,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-24255 Filed 10-28-04; 8:45 am]
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