[Federal Register: November 22, 2005 (Volume 70, Number 224)]
[Proposed Rules]
[Page 70563-70564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no05-21]
[[Page 70563]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-096]
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 Route 35 Bridge, mile 0.0,
across Cheesequake Creek at South Amboy, New Jersey. This proposed rule
would allow the bridge owner to require a two hour notice from 11 p.m.
to 7 a.m., year round and all day from December 1 through March 31.
This rule is expected to meet the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before January 23,
2006.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District Bridge Branch, One South Street, Battery Park Building, New
York, NY 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: Mr. Joe Arca, Project Officer, First
Coast Guard District, (212) 668-7165.
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 (CGD01-05-
096), 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 Route 35 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 are listed at 33 CFR
117.709(a).
The existing regulations require the bridge to operate as follows:
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
four hour notice is given. From November 1 through April 30 the draw
shall open on signal after at least a four hour notice is given.
On April 20, 2005 the Coast Guard published a final rule changing
the drawbridge operation regulations for the Route 35 Bridge, to the
current operation schedule outlined above.
Subsequent to the publication of that final rule (70 FR 20464), the
bridge owner and the Coast Guard were contacted by several mariners and
a local public official advising that the four hour advance notice
required by the new rule was problematic and that consideration be
given to revising the rule.
After conducting an investigation including a meeting of all
interested parties, the Coast Guard is proposing to change the
drawbridge operation regulations for the Route 35 Bridge to require a
two hour notice during the times the bridge is not normally crewed
instead of the four hour notice presently authorized, and to change the
all day notice requirement from the existing November 1 through April
30, to December 1 through March 31.
Discussion of Proposal
This proposed rule would amend 33 CFR 117.709 by revising paragraph
(a) to allow the bridge owner to require a two hour notice for bridge
openings from 11 p.m. to 7 a.m., year round and all day from December 1
through March 31.
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 (DHS).
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.
This conclusion is based on the fact that the bridge will open
during times when the bridge is not normally crewed after a two hour
instead of four hour notice which is required by the existing
regulations.
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 open
during times the bridge is not normally crewed after a two hour instead
of four hour notice which is required by the existing regulations.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),
[[Page 70564]]
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. 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 us
in writing at, Commander (obr), First Coast Guard District, Bridge
Branch, One South Street, New York, NY, 10004. The telephone number is
(212) 668-7165. 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.
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. 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
environment documentation because it has been determined that the
promulgation of operating regulations or procedures 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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; 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 Route 35 Bridge, at mile 0.0, at South Amboy,
New Jersey, shall operate as follows:
(1) From April 1 through November 30 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 a two
hour notice is given by calling the number posted at the bridge.
(2) From December 1 through March 31, the draw shall open on signal
after a two hour notice is given by calling the number posted at the
bridge.
* * * * *
Dated: November 4, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-23028 Filed 11-21-05; 8:45 am]
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