[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Proposed Rules]
[Pages 75493-75494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27675]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-126]
RIN 1625-AA09


Drawbridge Operation Regulations; Cheesequake Creek, NJ.

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations governing the operation of the S35 Bridge, mile 0.0, across 
Cheesequake Creek at Morgan, South Amboy, New Jersey. This proposed 
rule would allow the bridge to open on the hour only from 7 a.m. to 8 
p.m., May 1 through October 30. In addition, this proposed rule would 
also allow the bridge owner to require a 4-hour advance notice for 
openings from 11 p.m. to 7 a.m., all year, and all day from November 1 
through April 30. This rule is expected to relieve the bridge owner of 
the burden of crewing the bridge at all times while still providing for 
the reasonable needs of navigation.

DATES: Comments must reach the Coast Guard on or before February 15, 
2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), First Coast Guard District Bridge Branch, One South Street, 
Battery Park Building, New York, New York 10004, or deliver them to the 
same address between 7 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (212) 668-7165. The First 
Coast Guard District, Bridge Branch, 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, will become part of this docket and will be available for 
inspection or copying at the First Coast Guard District, Bridge Branch, 
7 a.m. to 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast 
Guard District, (212) 668-7069.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-04-
126), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining 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.

Background and Purpose

    The S35 Bridge has a vertical clearance of 25 feet at mean high 
water and 30 feet at mean low water in the closed position. The 
existing drawbridge operation regulations listed at 33 CFR 117.709(a), 
require the bridge to open on signal; except that, from May 15 through 
October 15 from 7 a.m. to 7 p.m., the draw need only open on the hour. 
From December 1 through March 31 from 11 p.m. to 7 a.m., the draw need 
not be opened for the passage of vessels.
    Cheesequake Creek is navigated predominately by small recreational 
vessels between April and November only. The bridge seldom opens during 
the winter months December through March.
    The bridge owner, New Jersey Department of Transportation (NJDOT), 
requested that the drawbridge operation regulations for the S35 Bridge 
be changed to allow the bridge to open only on the hour 7 a.m. to 8 
p.m., from May 1 through October 31. The hourly openings are currently 
in effect from 7 a.m. to 7 p.m. from May 15 through October 15.
    In addition, this proposal would also allow the bridge owner to 
require a 4-hour advance notice for bridge openings from 11 p.m. to 7 
a.m., all year round, and all day from November 1 through April 30.

Discussion of Proposal

    This proposed rule would amend 33 CFR 117.709 by revising paragraph 
(a) extending the hourly bridge opening time period by 1 hour each day 
from May 1 through October 31. In addition, this proposed rule would 
allow the bridge owner to require a 4-hour advance notice for bridge 
openings from 11 p.m. to 7 a.m., all year round and all day from 
November 1 through April 30.

Regulatory Evaluation

    This proposed 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 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under the regulatory 
policies and procedures of DHS, is unnecessary.

[[Page 75494]]

    This conclusion is based on the fact that the bridge will continue 
to open for vessel traffic during the time periods vessel traffic has 
historically required the bridge to open.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 section 5 U.S.C. 605(b), that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This conclusion is based on the fact that the bridge will continue 
to open for vessel traffic during the time periods vessel traffic has 
historically required the bridge to open.
    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.

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).

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 or more in any 
one year. Though this proposed rule would 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 effect a taking of private property or 
otherwise have taking implications under E.O. 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 may 
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 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, 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 rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environment 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

    For the reasons set out 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.709 is amended by revising paragraph (a) to read as 
follows:


Sec.  117.709  Cheesequake Creek.

    (a) The draw of the S35 Bridge, at mile 0.0, at Morgan, South 
Amboy, New Jersey, shall operate as follows:
    (1) From May 1 through October 31 from 7 a.m. to 8 p.m., the draw 
need only open on the hour. From 8 p.m. to 11 p.m. the Draw shall open 
on signal. From 11 p.m. to 7 a.m. the draw shall open after at least a 
4-hour advance notice is given.
    (2) From November 1 through April 30 the draw shall open on signal 
after at least a 4-hour advance notice is given.
* * * * *

    Dated: December 8, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-27675 Filed 12-16-04; 8:45 am]
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