Rule2021-18063
Drawbridge Operation Regulation; New Jersey Intracoastal Waterway, Point Pleasant, NJ
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2021
Effective
September 22, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is changing the regulation that governs the Route 88 (Veterans Memorial) Bridge and Route 13 (Lovelandtown) Bridge across the NJICW at Point Pleasant Canal, mile 3.0 and 3.9, respectively at Point Pleasant, NJ. The final rule allows the drawbridges to be maintained in the closed position overnight.
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46966-46968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18063]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0647]
RIN 1625-AA09
Drawbridge Operation Regulation; New Jersey Intracoastal
Waterway, Point Pleasant, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulation that governs the
Route 88 (Veterans Memorial) Bridge and Route 13 (Lovelandtown) Bridge
across the NJICW at Point Pleasant Canal, mile 3.0 and 3.9,
respectively at Point Pleasant, NJ. The final rule allows the
drawbridges to be maintained in the closed position overnight.
DATES: The rule is effective September 22, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, type USCG-
2020-0647. 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 proposed
rule, call or email Mr. Mickey Sanders, Bridge Administration Branch,
Fifth District, U.S. Coast Guard, telephone (757) 398-6587, email
<a href="/cdn-cgi/l/email-protection#8cc1e5efe7e9f5a2c8a2dfede2e8e9feffbeccf9ffefeba2e1e5e0"><span class="__cf_email__" data-cfemail="064b6f656d637f28422855676862637475344673756561286b6f6a">[email protected]</span></a>.
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 Intracoastal Waterway
II. Background, Purpose and Legal Basis
On March 26, 2021, we published a noticed of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; New Jersey
Intracoastal Waterway, Point Pleasant, NJ in the Federal Register (86
FR 16153). We received no comments on this rule. The Route 88 (Veterans
Memorial) Bridge across the NJICW at Point Pleasant Canal, mile 3.0, at
Point Pleasant, NJ, has a vertical clearance of 10 feet above mean high
water in the closed-to-navigation position. The bridge currently
operates under 33 CFR 117.5.
The Route 13 (Lovelandtown) Bridge across the NJICW at Point
Pleasant Canal, mile 3.9, at Point Pleasant, NJ, has a vertical
clearance of 30 feet above mean high water in the closed-to-navigation
position. The bridge currently operates under 33 CFR 117.5.
The Point Pleasant Canal is used predominately by recreational
vessels and pleasure craft. The three-year average number of bridge
openings, maximum number of bridge openings, and bridge openings
between 11 p.m. to 7 a.m., by month and overall for August 2017,
through August 2020, as drawn from the data contained in the bridge
tender logs, is presented below. There is a monthly average of two
bridge openings for each bridge, from 11 p.m. to 7 a.m., from August
2017 to August 2020.
------------------------------------------------------------------------
Average
Month Average Maximum openings 11
openings openings p.m.-7 a.m.
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January..................... 4 14 0
February.................... 2 7 0
March....................... 7 21 0
April....................... 24 72 2
May......................... 51 154 6
June........................ 74 223 18
July........................ 125 376 20
August...................... 101 407 20
September................... 63 190 8
October..................... 51 155 6
November.................... 29 89 7
December.................... 16 49 1
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[[Page 46967]]
III. Discussion of Final Rule
The bridge owner requested to modify the operating regulation for
the bridges, due to the limited number of requested openings of the
bridges from 11 p.m. to 7 a.m., over a period of approximately three
years. The data presented in the table above demonstrates that the
requested modification may be implemented with de minimis impact to
navigation. The modification will allow the drawbridges to be
maintained in the closed position from 11:01 p.m. to 6:59 a.m. and
shall open on signal, if at least four hours advance notice is given.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on these statutes 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. 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. This regulatory action determination is based on the fact that
an average of only two bridge openings occurred per month from 11 p.m.
to 7 a.m., from August 2017 through August 2020.
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 would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridges may be small entities, for the reasons stated in section IV.A
above this proposed rule would 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 proposed 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. 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 would call 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 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.
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. Normally such actions are
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; DHS Delegation No.
0170.1.
0
2. Revise Sec. 117.733 as follows:
0
a. Remove paragraphs (i) and (k);
0
b. Redesignate paragraph (j) as paragraph (k);
0
c. Redesignate paragraphs (b) through (h) as (d) through (i), and;
0
d. Add new paragraphs (b) and (c).
The additions read as follows:
Sec. 117.733 New Jersey Intracoastal Waterway.
* * * * *
(b) The draw of the Route 88 Bridge, mile 3.0, across Point
Pleasant Canal at Point Pleasant, shall operate as follows:
(1) From 7 a.m. to 11 p.m. the draw shall open on signal.
[[Page 46968]]
(2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if
at least four hours advance notice is given.
(c) The draw of the Route 13 Bridge, mile 3.9, across Point
Pleasant Canal at Point Pleasant, shall operate as follows:
(1) From 7 a.m. to 11 p.m. the draw shall open on signal.
(2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if
at least four hours advance notice is given.
* * * * *
Dated: August 9, 2021.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-18063 Filed 8-20-21; 8:45 am]
BILLING CODE 9110-04-P
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