[Federal Register: March 18, 2005 (Volume 70, Number 52)]
[Rules and Regulations]
[Page 13101-13102]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr05-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-127]
RIN 1625-AA09
Drawbridge Operation Regulations: Shrewsbury River, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern the operation of the Route 36 Bridge, mile 1.8,
across the Shrewsbury River at Highlands, New Jersey. This change to
the drawbridge operation regulations will allow the bridge owner to
require an advance notice for bridge openings during periods the bridge
has received few requests to open from 11 p.m. to 7 a.m., each day, and
during the winter months from December 1 through March 31. This action
is expected to help relieve the bridge owner from the burden of crewing
the bridge at all times while continuing to meet the present needs of
navigation.
DATES: This rule is effective April 18, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-04-127) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Bridge Administrator,
First Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 13, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Shrewsbury River, New
Jersey, in the Federal Register (69 FR 72138). We received no comments
in response to the notice of proposed rulemaking. No public hearing was
requested and none was held.
Background and Purpose
The Route 36 Bridge, mile 1.8, across the Shrewsbury River at
Highlands, New Jersey, has a vertical clearance of 35 feet at mean high
water and 39 feet at mean low water.
The existing regulations listed at 33 CFR 117.755, require the
Route 36 Bridge to open on signal; except that, from May 15 through
October 15, 7 a.m. to 8 p.m., the draw need open only on the hour and
half hour.
The bridge owner, New Jersey Department of Transportation (NJDOT),
requested a change to the drawbridge operation regulations that govern
the Route 36 Bridge to allow the bridge owner to require a 4-hour
advance notice for bridge openings from 11 p.m. to 7 a.m., each day,
and all day from December 1 through March 31. The bridge rarely opens
after 11 p.m. and during the winter months. A summary of the
regulations and the advance notice contact number shall be posted at
the bridge.
This final rule relieves the bridge owner from the burden of
crewing the bridge during time periods when the bridge has had few
requests to open.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and as a result, no changes have been made to this
final rule.
Regulatory Evaluation
This 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 (DHS).
This conclusion is based on the fact that the bridge will continue
to open for vessel traffic at all times after the advance notice to
open is given.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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 less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b), that this rule
will 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 at all times after the advance notice to
open is given.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
No small entities requested Coast Guard assistance and none was
given.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman
[[Page 13102]]
and the Regional Small Business Regulatory Fairness Boards. The
Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls 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 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 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 rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this final 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. It has been determined that this final
rule does not significantly impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out 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; 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.
0
2. Section 117.755 is amended by revising paragraph (a) to read as
follows:
Sec. 117.755 Shrewsbury River.
(a) The Route 36 Bridge, mile 1.8, at Highlands, New Jersey, shall
open on signal; except that:
(1) From 11 p.m. to 7 a.m. the draw shall open on signal after at
least a 4-hour advance notice is given by calling the number posted at
the bridge.
(2) From May 15 through October 15, 7 a.m. to 8 p.m., the draw need
only open on the hour and half hour.
(3) From December 1 through March 31, the draw shall open on signal
at all times after at least a 4-hour advance notice is given by calling
the number posted at the bridge.
(4) The owners of the bridge shall provide and keep in good legible
condition, two clearance gauges, with figures not less than eight
inches high, designed, installed, and maintained according to the
provisions of Sec. 118.160 of this chapter.
* * * * *
Dated: March 9, 2005.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 05-5338 Filed 3-17-05; 8:45 am]
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