Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23187 

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. 

Taking of Private Property 

This rule will 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 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 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 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. 

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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this 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 concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

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 

■ 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. Section 117.559 is revised to read 

as follows: 

§ 117.559 Isle of Wight (Sinepuxent) Bay. 

The draw of the US 50 Bridge, mile 

0.5, at Ocean City, shall open on signal, 

except: 

(a) From October 1 through April 30, 

from 6 p.m. to 6 a.m., the draw shall 

open if notice has been given to the 

bridge tender before 6 p.m. 

(b) From May 25 through September 

15, from 9:25 a.m. to 9:55 p.m., the draw 

shall open at 25 minutes after and 55 

minutes after the hour for a maximum 

of five minutes to let accumulated 

vessels pass, except that on Saturdays, 

from 1 p.m. to 5 p.m., the draw shall 

open on the hour for all waiting vessels 

and shall remain in the open position 

until all waiting vessels pass. 

Dated: April 13, 2011. 

William D. Lee, 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. 2011–9987 Filed 4–25–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0276] 

Drawbridge Operation Regulation; New 

Jersey Intracoastal Waterway (NJICW), 

Beach Thorofare, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the Route 30/ 

Absecon Boulevard Bridge across Beach 

Thorofare, at NJICW mile 67.2, at 

Atlantic City, NJ. This deviation is 

necessary to facilitate extensive 

rehabilitation and maintenance in order 

to maintain the bridge’s operational 

integrity. Under this deviation, the 

bascule lift span of the drawbridge will 

remain in the closed-to-navigation 

position for the extent of the effective 

period. 

DATES: This deviation is effective from 

7 a.m. on September 16, 2011 through 

11:59 p.m. on January 13, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0276 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0276 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

also available for inspection or copying 

at the 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, 

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23188 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District; telephone 757–398–6222, 

e-mail Waverly.W.Gregory@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The New 

Jersey Department of Transportation 

(NJDOT) owns and operates the basculelift span of the Route 30/Absecon 

Boulevard Bridge across Beach 

Thorofare along the NJICW, at Atlantic 

City, NJ. The bridge has a vertical 

clearance, in the closed position, to 

vessels of 20 feet, above mean high 

water. The current operating regulations 

are outlined at 33 CFR 117.733(e), 

which require that the bridge shall open 

on signal but only if at least four hours 

of notice is given; except that from 

April 1 through October 31, from 7 a.m. 

to 11 p.m., the draw need only open on 

the hour. 

The contractor, IEW Construction 

Group, on behalf of NJDOT, has 

requested a temporary deviation to the 

existing regulations for the Route 30/ 

Absecon Boulevard Bridge in order to 

facilitate necessary repairs. The work 

primarily consists of replacing span 

locks, substructure and superstructure 

structural repairs, seismic retrofit of 

piers, cleaning and painting bearings, 

upgrading the mechanical and electrical 

systems and renovating the operator and 

gate house. Under this deviation, the 

bascule lift span of the drawbridge will 

be maintained in the closed-tonavigation position from 7 a.m. on 

September 16, 2011, through 11:59 p.m. 

on January 13, 2012. 

Bridge opening data, supplied by 

NJDOT and reviewed by the Coast 

Guard, revealed vessel openings of the 

draw span between the months of 

September and December in 2010 and in 

January 2011. Specifically, in 2010 from 

September through December, the 

bridge opened, respectively, 59, 37, 19, 

and 4 times for vessels; and, in January 

2011, the bridge opened only 3 times for 

vessels. 

The Coast Guard will inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

closure period so that vessels can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

Under this deviation, the navigable 

channel will not be obstructed so 

vessels that can pass under the bridge 

without a bridge opening may continue 

to do so at anytime. The Atlantic Ocean 

is an alternate route for vessels with 

mast heights greater than 20 feet. Due to 

the nature and extent of the scheduled 

maintenance, the drawbridge will be 

unable to open in the event of an 

emergency. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulation 

is authorized under 33 CFR 117.35. 

Dated: April 12, 2011. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2011–9988 Filed 4–25–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0262] 

Drawbridge Operation Regulation; 

Sacramento River, Sacramento, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eleventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Tower 

Drawbridge across the Sacramento 

River, mile 59.0, at Sacramento, CA. The 

deviation is necessary to allow the 

community to participate in the Roger’s 

Jewelry Bicycle Ride. This deviation 

allows the bridge to remain in the 

closed-to-navigation position during the 

event. 

DATES: This deviation is effective from 

10 a.m. to 11 a.m. on May 21, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0262 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0262 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

also available for inspection or copying 

at the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail David H. Sulouff, Chief, Bridge 

Section, Eleventh Coast Guard District; 

telephone 510–437–3516, e-mail 

David.H.Sulouff@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

California Department of Transportation 

has requested a temporary change to the 

operation of the Tower Drawbridge, 

mile 59.0, Sacramento River, at 

Sacramento, CA. The Tower Drawbridge 

navigation span provides a vertical 

clearance of 30 feet above Mean High 

Water in the closed-to-navigation 

position. The draw opens on signal from 

May 1 through October 31 from 6 a.m. 

to 10 p.m. and from November 1 

through April 30 from 9 a.m. to 5 p.m. 

At all other times the draw shall open 

on signal if at least four hours notice is 

given, as required by 33 CFR 117.189(a). 

Navigation on the waterway is 

commercial and recreational. 

The drawspan will be secured in the 

closed-to-navigation position from 

10 a.m. to 11 a.m. on May 21, 2011 to 

allow the community to participate in 

the Roger’s Jewelry Bicycle Ride. This 

temporary deviation has been 

coordinated with waterway users. There 

are no scheduled river boat cruises or 

anticipated levee maintenance during 

this deviation period. No objections to 

the proposed temporary deviation were 

raised. 

Vessels that can transit the bridge, 

while in the closed-to-navigation 

position, may continue to do so at any 

time. In the event of an emergency the 

drawspan can be opened with 15 

minutes advance notice. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: April 7, 2011. 

D.H. Sulouff, 

District Bridge Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2011–9989 Filed 4–25–11; 8:45 am] 

BILLING CODE 9110–04–P 

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