Proposed Rule2024-16824
Drawbridge Operation Regulation; Rancocas Creek, Burlington County, NJ
Primary source
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Published
July 31, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operating schedule that governs the US Route 543 (Riverside-Delanco) Bridge across Rancocas Creek, mile 1.3, at Burlington County, NJ. The proposed rule allows the drawbridge to change its operating schedule to reduce the number of bridge openings during off-peak hours. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 147 (Wednesday, July 31, 2024)</title>
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[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Proposed Rules]
[Pages 61381-61383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16824]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0221]
RIN 1625-AA09
Drawbridge Operation Regulation; Rancocas Creek, Burlington
County, NJ
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the US Route 543 (Riverside-Delanco) Bridge across Rancocas
Creek, mile 1.3, at Burlington County, NJ. The proposed rule allows the
drawbridge to change its operating schedule to reduce the number of
bridge openings during off-peak hours. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before August 30, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0221 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
supplemental proposed rule, call or email Mr. Hal R. Pitts, Fifth Coast
Guard District Chief Bridge Branch (dpb); telephone 571-607-8298, email
<a href="/cdn-cgi/l/email-protection#d39bb2bffd81fd83baa7a7a093a6a0b0b4fdbebabf"><span class="__cf_email__" data-cfemail="e6ae878ac8b4c8b68f929295a693958581c88b8f8a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
On May 23, 2022, we published a Test Deviation entitled Drawbridge
Operation Regulation; Rancocas Creek, Burlington County, NJ, in the
Federal Register (87 FR 31182). Having received no comments from the
Test Deviation, we published an NPRM on April 24, 2023, in the Federal
Register (88 FR 24739). We received no comments on the proposed rule.
The US Route 543 (Riverside-Delanco) Bridge across Rancocas Creek,
mile 1.3, at Burlington County, NJ, and has a vertical clearance of 4
feet above mean high water in the closed-to-navigation position. The
bridge currently operates under 33 CFR 117.745(b).
The Rancocas Creek is used predominately by recreational vessels
and pleasure crafts. The bridge is currently required to open on signal
from 7 a.m. to 11 p.m. from April 1 through October 31 and with 24-hour
advance notice from November 1 through March 31. The bridge is allowed
to remain closed to navigation at all other times.
The three-year, monthly average number of bridge openings from 7
a.m. to 3 p.m., Monday through Friday, 7 a.m. to 1 p.m., Saturday and
Sunday, and from 8 p.m. to 11 p.m., daily, as drawn from the data
contained in the bridge tender logs, is presented below.
------------------------------------------------------------------------
Average
April to October (2018, 2019 and 2020) monthly
openings
------------------------------------------------------------------------
Monday-Friday, 7 a.m. to 3 p.m............................... 4
Saturday & Sunday, 7 a.m. to 1 p.m........................... 2
Daily, 8 p.m. to 11 p.m...................................... 7
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III. Discussion of Comments and Change
As mentioned above, we received no comments from either the Test
Deviation or the NPRM, however we noticed that we had not properly
conveyed the new operating schedule of the bridge during the months
from April
[[Page 61382]]
1 to October 31. Explanation of the change is provided in the below
section.
IV. Discussion of Proposed Rule
In the NPRM we proposed to modify the drawbridge operating schedule
to open on signal from 3 p.m. to 8 p.m., Monday through Friday, and
from 1.p.m. to 8 p.m., Saturday and Sunday, from April 16 through
October 15. However, the dates did not coincide with the regulation in
33 CFR 117.745(b)(2). The dates that were proposed in the NPRM left a
gap of 15 days from March 31 to April 16 and another 15 day gap from
October 15 to November 1. During those two 15 day periods, the bridge
would fall under the operating requirements of 33 CFR 117.5 requiring
the bridge to open on demand at all times. This was an oversight and
was not our intention. Given the error on the dates proposed in the
NPRM and the length of time from the publication of the NPRM, we are
publishing this supplemental notice with request for comment regarding
the new proposed dates.
In this SNPRM, we propose to modify the drawbridge operating
schedule to open on signal from 3 p.m. to 8 p.m., Monday through
Friday, and from 1 p.m. to 8 p.m., Saturday and Sunday, from April 1
through October 31. We are also adding clarifying language to both
paragraphs (b)(1) and (2) that the bridge need not open for the passage
of vessels at all other times during the dates in those paragraphs,
except as provided in 33 CFR 117.745(a)(1).
V. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive orders.
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. This proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, the SNPRM has not been reviewed by the
Office of Management and Budget. (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given during the appropriate time
and proper notice. Notice.
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 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.
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 proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rulemaking 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 rulemaking would economically affect it.
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 rulemaking 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 proposed rule or
any policy or action of the Coast Guard.
C. Collection of Information
This proposed 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 Government
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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rulemaking 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 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 proposed 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 rulemaking. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
[[Page 61383]]
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0221 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
final rule is published of any posting or updates to the docket.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
We accept anonymous comments. Comments we post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
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
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.
00170.1, Revision No. 01.3.
0
2. Amend Sec. 117.745 by revising paragraph (b) to read as follows:
Sec. 117.745 Rancocas Creek
* * * * *
(b) The drawspan for the Riverside-Delanco/SR#543 Drawbridge, mile
1.3, at Riverside must operate as follows:
(1) From April 1 through October 31 open on signal from 3 p.m. to 8
p.m., Monday through Friday, and from 1 p.m. to 8 p.m., Saturday and
Sunday. The bridge need not open for the passage of vessels at all
other times during those dates, except as provided in paragraph (a)(1)
of this section.
(2) From November 1 through March 31 from 7 a.m. to 11 p.m., open
on signal if at least 24 hours' notice is given and need not open for
the passage of vessels at all other times during those dates, except as
provided in paragraph (a)(1) of this section.
* * * * *
Dated: July 25, 2024.
J.C. Vann,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2024-16824 Filed 7-30-24; 8:45 am]
BILLING CODE 9110-04-P
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