[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Proposed Rules]
[Pages 50161-50163]
[FR Doc No: 2011-20499]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0698]
RIN 1625-AA09

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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of two New Jersey Department of Transportation (NJDOT)
bridges: The Route 30/Abescon Boulevard Bridge across Beach Thorofare,
NJICW mile 67.2 and the US 40-322 (Albany Avenue) Bridge across Inside
Thorofare, NJICW mile 70.0, both at Atlantic City, NJ. The proposed
changes will alter the dates that these bridges are allowed to have
delayed openings or remain in the closed position to accommodate heavy
volumes of vehicular traffic due to the annual July 4th fireworks shows
and the annual Air Show at Bader Field.

DATES: Comments and related material must reach the Coast Guard on or
before October 11, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0698 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lindsey Middleton, Coast Guard; telephone 757-398-
6629, e-mail<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0698), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2011-0698'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0698'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC, 20590, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets

in the January 17, 2008, issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain 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.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Lindsey Middleton at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.

Basis and Purpose

    NJDOT has requested a change in the operation regulations of the
Route 30/Abescon Boulevard Bridge across Beach Thorofare, NJICW mile
67.2 and the US 40-322 (Albany Avenue) Bridge across Inside Thorofare,
NJICW mile 70.0, both at Atlantic City, NJ. The Atlantic City July 4th
fireworks show and the Air Show at Bader Field are annual events held
in Atlantic City and heavy volumes of vehicular traffic transit across
both bridges to attend them. The Coast Guard proposes to allow the
above mentioned bridges to remain in the closed position from 9:40 p.m.
through 11:15 p.m. on July 4th or on July 5th should inclement weather
prevent the fireworks event from taking place as planned. The Coast
Guard also proposes to allow the above mentioned bridges to open every
two hours on the hour from 10 a.m. through 4 p.m. and to remain in the
closed position from 4 p.m. through 8 p.m. on the third or fourth
Wednesday of every August. The exact dates of the closures will be
published locally in the Local Notice to Mariners and Broadcast Notice
to Mariners.
    The Route 30/Abescon Boulevard Bridge is a bascule drawbridge with
a vertical clearance of 20 feet above mean high water in the closed
position and unlimited in the open position. The current operating
schedule for the bridge is set out in 33 CFR 117.733(e) and was last
amended in April 2009. The US 40-322 (Albany Avenue Bridge) is a
bascule drawbridge with a vertical clearance of 10 feet above mean high
water in the closed position and unlimited in the open position. The
current operating schedule for the bridge is set out in 33 CFR
117.733(f) and was last amended in April 2009.

Discussion of Proposed Rule

    The Coast Guard proposes to revise 33 CFR 117.733(e) for the Route
30/Abescon Boulevard Bridge, mile 67.2 across Beach Thorofare and 33
CFR 117.733(f) for the US 40-322 (Albany Avenue Bridge), mile 70.0
across Inside Thorofare. The proposed amendments would allow both
bridges to remain in the closed position from 9:40 p.m. through 11:15
p.m. on July 4 or on July 5 should inclement weather prevent the
fireworks event from taking place as planned; to open every two hours
on the hour from 10 a.m. until 4 p.m. and to remain in the closed
position from 4 p.m. until 8 p.m. on the third or fourth Wednesday of
every August.
    Vessels that are able to transit under the bridges without openings
may do so at any time. The Atlantic Ocean is an alternate route for
vessels unable to pass through the bridges in the closed positions.
Both bridges will be able to open for emergencies.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3). The Office of Management and
Budget has not reviewed it under those Orders.
    The proposed changes are expected to have minimal impact on
mariners due to the short duration that the drawbridges will be
maintained in the closed position and have delayed openings. Both
events have been observed in past years with little to no impact on
marine traffic. It is also a necessary measure to facilitate public
safety that allows for the orderly movement of vehicular traffic
before, during, and after the events.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. These proposed rules would affect the
following entities, some of which might be small entities: the owners
or operators of vessels needing to transit under any of the bridges
between the hours of delayed openings or closures on either event day.
    This action will not have a significant economic impact on a
substantial number of small entities because the rule adds minimal
restrictions to the movement of navigation and mariners who plan their
transits in accordance with the scheduled bridge closures can minimize
delay. Vessels that can safely transit under the bridges may do so at
any time.
    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), 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 Lindsey Middleton, Bridge
Management Specialist, Fifth Coast Guard District,<PHONE_NUMBER> or
<EMAIL_ADDRESS>The Coast Guard will not retaliate
against small entities that question or complain about this proposed
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 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 (adjusted for
inflation) or more in any one year. Though this proposed 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 proposed rule would not cause 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 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 might
disproportionately affect children.

Indian Tribal Governments

    This proposed 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 proposed 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 Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed 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; Department of Homeland
Security Delegation No. 0170.1.

    2. Revise Sec.  117.733(e) and (f) to read as follows:

Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (e) The draw of the Route 30 Bridge across Beach Thorofare, mile
67.2 at Atlantic City, shall open on signal if at least four hours of
notice is given; except that:
    (1) From April 1 through October 31, from 7 a.m. to 11 p.m. the
draw need only open on the hour.
    (2) On July 4, the draw need not open from 9:40 p.m. until 11:15
p.m. to accommodate the annual July 4th fireworks show. Should
inclement weather prevent the fireworks event from taking place as
planned, the draw need not open from 9:40 p.m. until 11:15 p.m. on July
5th to accommodate the annual July 4th fireworks show.
    (3) On the third or fourth Wednesday of August, the draw will open
every two hours on the hour from 10 a.m. until 4 p.m. and need not open
from 4 p.m. until 8 p.m. to accommodate the annual Air Show.
    (f) * * *
    (3) On July 4, the draw need not open from 9:40 p.m. until 11:15
p.m. to accommodate the annual July 4th fireworks show. Should
inclement weather prevent the fireworks event from taking place as
planned, the draw need not open from 9:40 p.m. until 11:15 p.m. on July
5th to accommodate the annual July 4th fireworks show.
    (4) On the third or fourth Wednesday of August, the draw will open
every two hours on the hour from 10 a.m. until 4 p.m. and need not open
from 4 p.m. until 8 p.m. to accommodate the annual Air Show.
* * * * *

    Dated: August 2, 2011.
William D. Lee,
Rear Admiral, United States Coast Guard Commander, Fifth Coast Guard
District.
[FR Doc. 2011-20499 Filed 8-11-11; 8:45 am]
BILLING CODE 9110-04-P