[Federal Register: April 20, 2005 (Volume 70, Number 75)]
[Rules and Regulations]
[Page 20464-20465]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap05-3]
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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: Final rule.
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SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern the operation of the S35 Bridge, mile 0.0,
across Cheesequake Creek at Morgan, South Amboy, New Jersey. This final
rule allows the bridge to open on the hour only from 7 a.m. to 8 p.m.,
May 1 through October 31. In addition, this rule allows 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: This rule is effective May 20, 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 (CGD01-04-126) 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 17, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Cheesequake Creek,
New Jersey, in the Federal Register (69 FR 75493). 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 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 on the hour only from 7 a.m. to
8 p.m., May 1 through October 31. The hourly openings are currently in
effect from 7 a.m. to 7 p.m., May 15 through October 15.
In addition, this final rule allows 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. Bridge
openings during the on-call time period may be obtained by calling the
number posted at the bridge.
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 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 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 during the time periods vessel traffic has
historically required the bridge to open.
[[Page 20465]]
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 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 proposed 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 117.709 is amended by revising paragraph (a) to read as
follows:
Sec. 117.709 Cheesequake Creek.
(a) The draw of the 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 by calling the number posted at the
bridge.
(2) From November 1 through April 30 the draw shall open on signal
after at least a 4-hour advance notice is given by calling the number
posted at the bridge.
* * * * *
Dated: April 11, 2005.
David P. Peskoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-7896 Filed 4-19-05; 8:45 am]
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