Drawbridge Operation Regulations; New Jersey Intracoastal Waterway, Manasquan River

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-05-079]

RIN 1625-AA09

Drawbridge Operation Regulations; New Jersey Intracoastal

Waterway, Manasquan River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the operating

regulations that govern the operation of the Route 35 Bridge, at New

Jersey Intracoastal Waterway (NJICW) mile 1.1, across Manasquan River,

at Brielle, New Jersey. The bridge will be closed to navigation on

three four-month closure periods from 8 a.m. November 1, 2006 until 5

p.m. March 1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March

1, 2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 1,

2009. Extensive structural, mechanical, and electrical repairs and

improvements necessitate these closures.

DATES: This temporary final rule is effective from April 17, 2006.

ADDRESSES: The 5th Coast Guard District maintains the public docket for

this rulemaking. 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 CGD05-05-079 and are available for inspection

or copying at Commander (obr), Fifth Coast Guard District, Federal

Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23703-

5004, between 8 a.m. and 4 p.m., Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management

Specialist, Fifth Coast Guard District, at (757) 398-6629.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On July 20, 2005, we published a notice of proposed rule making

(NPRM)

[[Page 10434]]

entitled ``Drawbridge Operation Regulations; New Jersey Intracoastal

Waterway, Manasquan River'' in the Federal Register (FR Doc.05-14322).

We received four (4) comments on the proposed rule. No public meeting

was requested, and none was held.

Background and Purpose

The New Jersey Department of Transportation (NJDOT) owns and

operates the Route 35 Bridge, at NJICW mile 1.1, across Manasquan

River, at Brielle, New Jersey. The current operating regulations set

out in 33 CFR 117.733(b) requires the drawbridge to open on signal

except as follows: from May 15 through September 30, on Saturdays,

Sundays and Federal holidays, from 8 a.m. to 10 p.m., the draw need

only open 15 minutes before the hour and 15 minutes after the hour; on

Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, except

Federal holidays from 12 p.m. to 7 p.m., the draw need only open 15

minutes before the hour and 15 minutes after hour; and year-round from

11 p.m. to 8 a.m., the draw need only open if at least four hours

notice is given.

Parsons Brinkerhoff, a design consultant, on behalf of NJDOT

requested a temporary change to the existing regulations for the Route

35 Bridge to facilitate necessary repairs. The repairs, which consist

of extensive structural rehabilitation, mechanical, and electrical

repairs and improvements, necessitate this closure. To facilitate

repairs, the bascule span must be closed to vessel traffic on three

four-month closure periods from 8 a.m. on November 1, 2006 until 5 p.m.

March 1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March 1,

2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 1, 2009.

The Coast Guard has reviewed the bridge data provided by NJDOT. The

data, from years 2003 to 2005, shows a substantial decrease in the

number of bridge openings and vessel traffic transiting the area

between November and March. Based on the data provided, these closure

dates will have minimal impact on vessel traffic.

Discussion of Comments and Changes

The Coast Guard received four (4) comments on the NPRM [FR Doc.05-

14322] governing the Route 35 Bridge over the Manasquan River, at NJICW

mile 1.1, at Brielle, New Jersey, set out in 33 CFR 117.733(b). The

comments were from local vessel owners and supportive of the temporary

change. The Coast Guard will temporarily suspend 33 CFR 117.733(b) and

insert this new specific regulation at 33 CFR 117.733(l).

Paragraph (l) would allow the draw to be closed to vessel traffic

during the rehabilitation project on three four-month closure periods

from 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; from 8 a.m.

on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. on

November 1, 2008 until 5 p.m. March 1, 2009.

Discussion of Rule

The Coast Guard made a drafting error in the NPRM [FR Doc. 05-

14322]. However, this error does not affect the intent of this

temporary final rule, so a supplemental NPRM will not be published.

The text of the rule will be revised as described in the next

paragraph.

From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2009; in

Sec. 117.733, suspend paragraph (b) and add a new paragraph (l) to

read as follows:

(l) The draw of the Route 35 Bridge, mile 1.1 across Manasquan

River at Brielle, shall open on signal except as follows:

(1) From May 15 through September 30:

(i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10

p.m., the draw need only open 15 minutes before the hour and 15 minutes

after the hour.

(ii) On Mondays to Thursdays from 4 p.m. to 7 p.m. and on Fridays,

except Federal holidays from 12 p.m. to 7 p.m., the draw need only open

15 minutes before the hour and 15 minutes after the hours.

(2) Year-round, unless provided by (1)(3), from 11 p.m. to 8 a.m.,

the draw need only open if at least four hours notice is given.

(3) From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007;

from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8

a.m. on November 1, 2008 until 5 p.m. March 1, 2009, the Route 35

Bridge, mile 1.1, at Brielle may remain in the closed position to

navigation.

Regulatory Evaluation

This temporary final 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).

We expect the economic impact of this temporary final rule to be so

minimal that a full Regulatory Evaluation under the regulatory policies

and procedures of DHS is unnecessary. We reached this conclusion based

on the historical data, and on the fact that the closure periods

support minimal impact due to the reduced number of vessels requiring

transit through the bridge.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have

considered whether this temporary final 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 temporary

final rule would not have a significant economic impact on a

substantial number of small entities. The off-season closure dates for

the bridge are designed to minimize the number of small entities

affected.

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 (Public Law 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 Waverly W. Gregory, Jr., Bridge

Administrator, Fifth Coast Guard District, (757) 398-6222. 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.

Collection of Information

This temporary final rule would call for no new collection of

information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-

3520).

[[Page 10435]]

Federalism

A temporary final 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 temporary final 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 or more in any

one year. Though this temporary final 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 would not affect 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 temporary final 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 temporary final 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 temporary final 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 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 temporary final rule does not use technical standards.

Therefore, we did not consider the use of voluntary consensus

standards.

Environment

We have analyzed this temporary final rule under 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 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 temporary final rule is categorically

excluded, under figure 2-1, paragraph (32)(e) of the Instruction, from

further environmental documentation because it has been determined that

the promulgation of operating regulations for drawbridges are

categorically excluded.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

0

For the reasons discussed in the preamble, the Coast Guard will 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(g); Department of

Homeland Security Delegation No. 0170.1; section 117.255 also issued

under the authority of Pub. L. 102-587, 106 Stat. 5039.

0

2. From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2009; in Sec.

117.733, suspend paragraph (b) an add a new paragraph (l) to read as

follows:

Sec. 117.733 New Jersey Intracoastal Waterway.

* * * * *

(l) The draw of the Route 35 Bridge, mile 1.1 across Manasquan

River at Brielle, shall open on signal except as follows:

(1) From May 15 through September 30:

(i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10

p.m., the draw need only open 15 minutes before the hour and 15 minutes

after the hour.

(ii) On Mondays to Thursdays from 4 p.m. to 7 p.m. and on Fridays,

except Federal holidays from 12 p.m. to 7 p.m., the draw need only open

15 minutes before the hour and 15 minutes after the hours.

(2) Year-round, unless otherwise provided by paragraph (l)(3) of

this section, from 11 p.m. to 8 a.m., the draw need only open if at

least four hours notice is given.

(3) From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007;

from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8

a.m. on November 1, 2008 until 5 p.m. March 1, 2009, the Route 35

Bridge, mile 1.1, at Brielle may remain in the closed position to

navigation.

Dated: February 17, 2006.

Larry L. Hereth,

Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.

[FR Doc. 06-1915 Filed 2-28-06; 8:45 am]

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