Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Proposed Rules 50161 

services; (10) advertising services; (11) 

auxiliary insurance services; (12) 

computer and data processing services; 

(13) construction services; (14) data base 

and other information services; (15) 

educational and training services; (16) 

engineering, architectural, and 

surveying services; (17) financial 

services (purchases only); (18) industrial 

engineering services; (19) industrialtype maintenance, installation, 

alteration, and training services; (20) 

legal services; (21) management, 

consulting, and public relations services 

(includes expenses allocated to/from a 

parent and its affiliates); (22) 

merchanting services; (23) mining 

services; (24) operational leasing 

services; (25) trade-related services, 

other than merchanting services; (26) 

performing arts, sports, and other live 

performances, presentations, and 

events; (27) premiums paid on primary 

insurance (payments only); (28) losses 

recovered on primary insurance; (29) 

research and development services; (30) 

telecommunications services; (31) 

agricultural services; (32) contract 

manufacturing services; (33) 

disbursements to fund production costs 

of motion pictures; (34) disbursements 

to fund news-gathering costs and 

production costs of program material 

other than news; (35) waste treatment 

and depollution services; and (36) other 

selected services. 

* * * * * 

[FR Doc. 2011–20418 Filed 8–11–11; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0698] 

RIN 1625–AA09 

Drawbridge Operation Regulation; New 

Jersey Intracoastal Waterway (NJICW), 

Atlantic City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the regulations that govern the 

operation of two New Jersey Department 

of Transportation (NJDOT) bridges: The 

Route 30/Abescon Boulevard Bridge 

across Beach Thorofare, NJICW mile 

67.2 and the US 40–322 (Albany 

Avenue) Bridge across Inside Thorofare, 

NJICW mile 70.0, both at Atlantic City, 

NJ. The proposed changes will alter the 

dates that these bridges are allowed to 

have delayed openings or remain in the 

closed position to accommodate heavy 

volumes of vehicular traffic due to the 

annual July 4th fireworks shows and the 

annual Air Show at Bader Field. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 11, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0698 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lindsey Middleton, 

Coast Guard; telephone 757–398–6629, 

e-mail Lindsey.R.Middleton@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0698), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2011–0698’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

0698’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC, 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 


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50162 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Proposed Rules 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain 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. 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact Lindsey 

Middleton at the telephone number or email address indicated under the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

Basis and Purpose 

NJDOT has requested a change in the 

operation regulations of the Route 30/ 

Abescon Boulevard Bridge across Beach 

Thorofare, NJICW mile 67.2 and the US 

40–322 (Albany Avenue) Bridge across 

Inside Thorofare, NJICW mile 70.0, both 

at Atlantic City, NJ. The Atlantic City 

July 4th fireworks show and the Air 

Show at Bader Field are annual events 

held in Atlantic City and heavy volumes 

of vehicular traffic transit across both 

bridges to attend them. The Coast Guard 

proposes to allow the above mentioned 

bridges to remain in the closed position 

from 9:40 p.m. through 11:15 p.m. on 

July 4th or on July 5th should inclement 

weather prevent the fireworks event 

from taking place as planned. The Coast 

Guard also proposes to allow the above 

mentioned bridges to open every two 

hours on the hour from 10 a.m. through 

4 p.m. and to remain in the closed 

position from 

4 p.m. through 8 p.m. on the third or 

fourth Wednesday of every August. The 

exact dates of the closures will be 

published locally in the Local Notice to 

Mariners and Broadcast Notice to 

Mariners. 

The Route 30/Abescon Boulevard 

Bridge is a bascule drawbridge with a 

vertical clearance of 20 feet above mean 

high water in the closed position and 

unlimited in the open position. The 

current operating schedule for the 

bridge is set out in 33 CFR 117.733(e) 

and was last amended in April 2009. 

The US 40–322 (Albany Avenue Bridge) 

is a bascule drawbridge with a vertical 

clearance of 10 feet above mean high 

water in the closed position and 

unlimited in the open position. The 

current operating schedule for the 

bridge is set out in 33 CFR 117.733(f) 

and was last amended in April 2009. 

Discussion of Proposed Rule 

The Coast Guard proposes to revise 33 

CFR 117.733(e) for the Route 30/ 

Abescon Boulevard Bridge, mile 67.2 

across Beach Thorofare and 33 CFR 

117.733(f) for the US 40–322 (Albany 

Avenue Bridge), mile 70.0 across Inside 

Thorofare. The proposed amendments 

would allow both bridges to remain in 

the closed position from 9:40 p.m. 

through 11:15 p.m. on July 4 or on July 

5 should inclement weather prevent the 

fireworks event from taking place as 

planned; to open every two hours on the 

hour from 10 a.m. until 4 p.m. and to 

remain in the closed position from 4 

p.m. until 8 p.m. on the third or fourth 

Wednesday of every August. 

Vessels that are able to transit under 

the bridges without openings may do so 

at any time. The Atlantic Ocean is an 

alternate route for vessels unable to pass 

through the bridges in the closed 

positions. Both bridges will be able to 

open for emergencies. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, as 

supplemented by Executive Order 

13563, Improving Regulation and 

Regulatory Review, and does not require 

an assessment of potential costs and 

benefits under section 6(a)(3). The 

Office of Management and Budget has 

not reviewed it under those Orders. 

The proposed changes are expected to 

have minimal impact on mariners due 

to the short duration that the 

drawbridges will be maintained in the 

closed position and have delayed 

openings. Both events have been 

observed in past years with little to no 

impact on marine traffic. It is also a 

necessary measure to facilitate public 

safety that allows for the orderly 

movement of vehicular traffic before, 

during, and after the events. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have 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 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. These proposed rules would 

affect the following entities, some of 

which might be small entities: the 

owners or operators of vessels needing 

to transit under any of the bridges 

between the hours of delayed openings 

or closures on either event day. 

This action will not have a significant 

economic impact on a substantial 

number of small entities because the 

rule adds minimal restrictions to the 

movement of navigation and mariners 

who plan their transits in accordance 

with the scheduled bridge closures can 

minimize delay. Vessels that can safely 

transit under the bridges may do so at 

any time. 

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 (Pub. L. 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 Lindsey 

Middleton, Bridge Management 

Specialist, Fifth Coast Guard District, 

(757) 398–6629 or 

Lindsey.R.Middleton@uscg.mil. 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. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction 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 


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Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Proposed Rules 50163 

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 (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 rule elsewhere in this preamble. 

Taking of Private Property 

This proposed rule would 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 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 might disproportionately 

affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

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 

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. Revise § 117.733(e) and (f) to read 

as follows: 

§ 117.733 New Jersey Intracoastal 

Waterway. 

* * * * * 

(e) The draw of the Route 30 Bridge 

across Beach Thorofare, mile 67.2 at 

Atlantic City, shall open on signal if at 

least four hours of notice is given; 

except that: 

(1) From April 1 through October 31, 

from 7 a.m. to 11 p.m. the draw need 

only open on the hour. 

(2) On July 4, the draw need not open 

from 9:40 p.m. until 11:15 p.m. to 

accommodate the annual July 4th 

fireworks show. Should inclement 

weather prevent the fireworks event 

from taking place as planned, the draw 

need not open from 9:40 p.m. until 

11:15 p.m. on July 5th to accommodate 

the annual July 4th fireworks show. 

(3) On the third or fourth Wednesday 

of August, the draw will open every two 

hours on the hour from 10 a.m. until 

4 p.m. and need not open from 4 p.m. 

until 8 p.m. to accommodate the annual 

Air Show. 

(f) * * * 

(3) On July 4, the draw need not open 

from 9:40 p.m. until 11:15 p.m. to 

accommodate the annual July 4th 

fireworks show. Should inclement 

weather prevent the fireworks event 

from taking place as planned, the draw 

need not open from 9:40 p.m. until 

11:15 p.m. on July 5th to accommodate 

the annual July 4th fireworks show. 

(4) On the third or fourth Wednesday 

of August, the draw will open every two 

hours on the hour from 10 a.m. until 

4 p.m. and need not open from 4 p.m. 

until 8 p.m. to accommodate the annual 

Air Show. 

* * * * * 

Dated: August 2, 2011. 

William D. Lee, 

Rear Admiral, United States Coast Guard 

Commander, Fifth Coast Guard District. 

[FR Doc. 2011–20499 Filed 8–11–11; 8:45 am] 

BILLING CODE 9110–04–P 


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