Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Proposed Rules 18665 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0204] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Mantua Creek, Paulsboro, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the drawbridge operation 

regulations of the S.R. 44 Bridge, at mile 

1.7, across Mantua Creek at Paulsboro, 

NJ. This proposal would allow the 

drawbridge to operate on an advance 

notice basis year-round. The proposed 

change would result in more efficient 

use of the bridge. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 8, 2009. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2009–0204 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 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 Gary S. Heyer, Bridge 

Management Specialist, Fifth Coast 

Guard District, at (757) 398–6629. 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–2009–0204), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit you 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 has having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. 

To submit your comment Online, go 

to http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0204’’ in the Docket ID box, press 

Enter, and 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 this proposed rule in 

view of them. 

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, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0204 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 

of the DOT West Building, 1200 New 

Jersey Avenue, SE., Washington, DC 

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

Monday through Friday, except Federal 

holidays or at Commander (dpb), Fifth 

Coast Guard District, Federal Building, 

1st Floor, 431 Crawford Street, 

Portsmouth, VA 23704–5004 between 

8 a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. 

Privacy Act 

Anyone can search the electronic 

form of all 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 

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. 

Background and Purpose 

The New Jersey Department of 

Transportation (NJDOT) is responsible 

for the operation of the S.R. 44 Bridge, 

at mile 1.7, across Mantua Creek at 

Paulsboro, NJ. Due to the decrease in 

vessel opening requests of the 

drawbridge in recent years, NJDOT 

requested to change the current 

operating regulations by requiring that 

the draw need open only if at least four 

hours advanced notice is given year 

round. 

The S.R. 44 Bridge has a vertical 

clearance of five feet above mean high 

water in the closed-to-navigation 

position. The existing operating 

regulation is set out in 33 CFR 

117.729(b), which requires the draw to 

open on signal from March 1 through 

November 30 from 7 a.m. to 11 p.m., 

and shall open on signal at all times 

upon four hours notice. 

From the 1920s to the 1960s, Mantua 

Creek was the waterway route for 

commercial vessel traffic servicing 

refineries and factories along the 

waterfront in Paulsboro, NJ. There are 

no longer any commercial navigational 

interests requiring daily access 

upstream of the Route 44 Bridge. 

Bridge opening data, supplied by 

NJDOT, revealed a significant decrease 

in yearly openings. For the years from 

2003 to 2007, inclusive, from March 1 

through November 30 between 7 a.m. to 

11 p.m., the bridge opened for vessels 

204, 206, 83, 120 and 113 times, 

respectively. (See Table A) 


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18666 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Proposed Rules 

TABLE A 

MAR APR MAY JUN JUL AUG SEP OCT NOV 

BRIDGE OPENINGS FOR 2003 

7 1 10 31 38 64 36 12 5 

BRIDGE OPENINGS FOR 2004 

0 2 28 30 42 43 35 15 11 

BRIDGE OPENINGS FOR 2005 

0 1 19 27 29 7 0 0 0 

BRIDGE OPENINGS FOR 2006 

0 0 14 14 38 30 14 6 4 

BRIDGE OPENINGS FOR 2007 

4 4 13 30 17 19 26 0 0 

Discussion of Proposed Rule 

The Coast Guard proposes to amend 

33 CFR 117.729(b), by revising the 

paragraph to read that the draw of the 

S.R. 44 Bridge, mile 1.7 at Paulsboro, 

need open only if at least four hours 

notice is given. The proposed change 

would result in more efficient use of the 

bridge. 

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, 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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. We reached this 

conclusion based on the fact that the 

proposed changes have only a minimal 

impact on maritime traffic transiting the 

bridge. Mariners can plan their trips in 

accordance with the proposed 

scheduled bridge openings, to minimize 

delays. 

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. 

This proposed rule would affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels needing to transit 

the bridge from March 1 through 

November 30 from 7 a.m. to 11 p.m. 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities 

because the rule only adds minimal 

restrictions to the movement of 

navigation, and mariners who plan their 

transits in accordance with the 

proposed scheduled bridge openings 

can minimize delay. 

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 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 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 will not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 


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Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Proposed Rules 18667 

Taking of Private Property 

This proposed rule would not effect 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 0023.1, 

and Commandant Instruction M16475.D 

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 § 117.729(b) to read as 

follows: 

§ 117.729 Mantua Creek 

* * * * * 

(b) The draw of the S.R. Bridge, mile 

1.7, at Paulsboro, need open only if at 

least four hours notice is given. 

Dated: April 6, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard Commander, 

Fifth Coast Guard District. 

[FR Doc. E9–9447 Filed 4–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0239; FRL–8896–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

site-specific revisions to the Minnesota 

sulfur dioxide (SO2) State 

Implementation Plan (SIP) for the 

Federal Cartridge Company and 

Hoffman Enclosures, located in the city 

of Anoka, Anoka County, Minnesota. On 

March 3, 2008, the Minnesota Pollution 

Control Agency (MPCA) requested that 

EPA approve certain portions of joint 

Title I/Title V documents into the 

Minnesota SO2 SIP for Federal Cartridge 

Company and Hoffman Enclosures. The 

State is also requesting in this submittal 

that EPA rescind the Administrative 

Order issued to Federal Hoffman, Inc. 

which is currently included in 

Minnesota’s SIP for SO2. The emissions 

units previously owned by Federal 

Hoffman, Inc., are now owned by 

Federal Cartridge Company and 

Hoffman Enclosures. Because the sulfur 

dioxide emission limits are being 

reduced, the air quality of Anoka 

County will be protected. 

DATES: Comments must be received on 

or before May 26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2008–0239, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 


tjames on PRODPC75 with PROPOSALS