[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Rules and Regulations]
[Pages 7649-7651]
[FR Doc No: 2021-02058]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0334]
RIN 1625-AA09

Drawbridge Operation Regulation; New Jersey Intracoastal
Waterway, Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Route 30 (Absecon Boulevard) Bridge across
the New Jersey Intracoastal Waterway (NJICW), Beach Thorofare, mile
67.2, at Atlantic City, NJ. This temporary modification will allow the
drawbridge to remain in the closed-to-navigation position to
accommodate critical bridge maintenance.

DATES: This temporary final rule is effective from March 3, 2021,
through 5 p.m. on March 31, 2023.

ADDRESSES:  To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0334 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Mickey Sanders, Bridge Administration Branch, Fifth
District, U.S. Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
NJICW New Jersey Intercoastal Waterway

II. Background Information and Regulatory History

    On September 16, 2020, the Coast Guard published a notice of
proposed rulemaking entitled ``Drawbridge Operation Regulation; New
Jersey Intracoastal Waterway, Atlantic City, NJ'' in the Federal
Register (85 FR 57808). We received one favorable comment and one
irrelevant comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The New Jersey Department of Transportation, which owns and operates
the Route 30 (Absecon Boulevard) Bridge, across the NJICW Beach
Thorofare, at mile 67.2, in Atlantic City, NJ, requested the
modification to allow the drawbridge to remain in the closed-to-
navigation position. The closure is necessary to facilitate bridge
maintenance of the drawbridge, while ensuring the safety of those
performing bridge maintenance and vessels navigating in the area. A
work platform will reduce the horizontal clearance of the navigation
channel to approximately 30 feet and temporary shielding will reduce
the vertical clearance of the entire bridge to approximately 19 feet
above mean high water in the closed position.
    Under the temporary final rule, the drawbridge will remain in the
closed-to-navigation position from 8 a.m. on March 3, 2021, through 5
p.m. on March 31, 2021; from 8 a.m. on November 1, 2021, through 5 p.m.
on March 31, 2022; and from 8 a.m. on November 1, 2022, through 5 p.m.
on March 31, 2023. At all other times the drawbridge will operate per
33 CFR 117.733 (e). The bridge will not be able to open for emergencies
and there is no immediate alternative route for vessels unable to pass
through the bridge in the closed position. Vessels that can safely
transit through the bridge in the closed position with the reduced
vertical and horizontal clearances may do so, if at least 30 minutes
notice is given, to allow for safe navigation.

IV. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard provided a period of 30 days and two comments were
received. One was in favor of the schedule change, and the other was
outside the scope of the proposed regulation. No changes were made to
the regulatory text of this temporary final rule.

V. Regulatory Analyses

    The Coast Guard developed this rule after considering numerous
statues and Executive Orders related to rulemaking.

Below we summarize our analyses based on a number of these statues and
Executive Orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that the
closure will occur outside of recreational boating season on the NJICW,
and only during specific daily hours. An average of only 40 annual
bridge openings occurred for recreational vessels and light tugs from
November 1 to March 31 between 2015 through 2017.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received no comments from the Small Business
Administration on this rule. 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.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
section.
    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). 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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.

E. 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 (adjusted for
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed 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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.733 by adding paragraph (e)(4) to read as follows:

Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (e) * * *
    (4) From 8 a.m. on March 3, 2021, through 5 p.m. on March 31, 2021;
from 8 a.m. on November 1, 2021, through 5 p.m. on March 31, 2022; and
from 8 a.m. on November 1, 2022, through 5 p.m. on March 31, 2023, the
drawbridge will be maintained in the closed-to-navigation position. A
work platform will reduce the horizontal clearance of the navigation
channel to approximately 30

feet and temporary shielding will reduce the vertical clearance of the
entire bridge to approximately 19 feet above mean high water in the
closed position. Vessels that can safely transit through the bridge in
the closed position with the reduced clearances may do so, if at least
30 minutes notice is given, to allow for safe navigation.
* * * * *

    Dated: January 13, 2021.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-02058 Filed 1-29-21; 8:45 am]
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