[Federal Register: December 17, 2004 (Volume 69, Number 242)]
[Proposed Rules]
[Page 75493-75494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de04-20]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-126]
RIN 1625-AA09
Drawbridge Operation Regulations; Cheesequake Creek, NJ.
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations governing the operation of the S35 Bridge, mile 0.0, across
Cheesequake Creek at Morgan, South Amboy, New Jersey. This proposed
rule would allow the bridge to open on the hour only from 7 a.m. to 8
p.m., May 1 through October 30. In addition, this proposed rule would
also allow the bridge owner to require a 4-hour advance notice for
openings from 11 p.m. to 7 a.m., all year, and all day from November 1
through April 30. This rule is expected to relieve the bridge owner of
the burden of crewing the bridge at all times while still providing for
the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before February 15,
2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), First Coast Guard District Bridge Branch, One South Street,
Battery Park Building, New York, New York 10004, or deliver them to the
same address between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (212) 668-7165. The First
Coast Guard District, Bridge Branch, 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 First Coast Guard District, Bridge Branch,
7 a.m. to 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast
Guard District, (212) 668-7069.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-04-
126), 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 to know if
they reached us, 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 them.
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 First Coast Guard District,
Bridge Branch, 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 and place announced by a later notice in the
Federal Register.
Background and Purpose
The S35 Bridge has a vertical clearance of 25 feet at mean high
water and 30 feet at mean low water in the closed position. The
existing drawbridge operation regulations listed at 33 CFR 117.709(a),
require the bridge to open on signal; except that, from May 15 through
October 15 from 7 a.m. to 7 p.m., the draw need only open on the hour.
From December 1 through March 31 from 11 p.m. to 7 a.m., the draw need
not be opened for the passage of vessels.
Cheesequake Creek is navigated predominately by small recreational
vessels between April and November only. The bridge seldom opens during
the winter months December through March.
The bridge owner, New Jersey Department of Transportation (NJDOT),
requested that the drawbridge operation regulations for the S35 Bridge
be changed to allow the bridge to open only on the hour 7 a.m. to 8
p.m., from May 1 through October 31. The hourly openings are currently
in effect from 7 a.m. to 7 p.m. from May 15 through October 15.
In addition, this proposal would also allow the bridge owner to
require a 4-hour advance notice for bridge openings from 11 p.m. to 7
a.m., all year round, and all day from November 1 through April 30.
Discussion of Proposal
This proposed rule would amend 33 CFR 117.709 by revising paragraph
(a) extending the hourly bridge opening time period by 1 hour each day
from May 1 through October 31. In addition, this proposed rule would
allow the bridge owner to require a 4-hour advance notice for bridge
openings from 11 p.m. to 7 a.m., all year round and all day from
November 1 through April 30.
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 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.
[[Page 75494]]
This conclusion is based on the fact that the bridge will continue
to open for vessel traffic during the time periods vessel traffic has
historically required the bridge to open.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 section 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 conclusion is based on the fact that the bridge will continue
to open for vessel traffic during the time periods vessel traffic has
historically required the bridge to open.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity 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.
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 effect a taking of private property or
otherwise have taking implications under E.O. 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 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 safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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
environment documentation because it has been determined that the
promulgation of operating regulations for drawbridges are categorically
excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Section 117.709 is amended by revising paragraph (a) to read as
follows:
Sec. 117.709 Cheesequake Creek.
(a) The draw of the S35 Bridge, at mile 0.0, at Morgan, South
Amboy, New Jersey, shall operate as follows:
(1) From May 1 through October 31 from 7 a.m. to 8 p.m., the draw
need only open on the hour. From 8 p.m. to 11 p.m. the Draw shall open
on signal. From 11 p.m. to 7 a.m. the draw shall open after at least a
4-hour advance notice is given.
(2) From November 1 through April 30 the draw shall open on signal
after at least a 4-hour advance notice is given.
* * * * *
Dated: December 8, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-27675 Filed 12-16-04; 8:45 am]
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