Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 70563 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–096] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Cheesequake Creek, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the drawbridge operating 

regulations governing the operation of 

the Route 35 Bridge, mile 0.0, across 

Cheesequake Creek at South Amboy, 

New Jersey. This proposed rule would 

allow the bridge owner to require a two 

hour notice from 11 p.m. to 7 a.m., year 

round and all day from December 1 

through March 31. This rule is expected 

to meet the reasonable needs of 

navigation. 

DATES: Comments must reach the Coast 

Guard on or before January 23, 2006. 

ADDRESSES: You may mail comments to 

Commander (obr), First Coast Guard 

District Bridge Branch, One South 

Street, Battery Park Building, New York, 

NY 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: Mr. 

Joe Arca, Project Officer, First Coast 

Guard District, (212) 668–7165. 

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 (CGD01–05–096), 

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 81⁄2 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 Route 35 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 are 

listed at 33 CFR 117.709(a). 

The existing regulations require the 

bridge to operate as follows: 

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 four hour notice is 

given. From November 1 through April 

30 the draw shall open on signal after 

at least a four hour notice is given. 

On April 20, 2005 the Coast Guard 

published a final rule changing the 

drawbridge operation regulations for the 

Route 35 Bridge, to the current 

operation schedule outlined above. 

Subsequent to the publication of that 

final rule (70 FR 20464), the bridge 

owner and the Coast Guard were 

contacted by several mariners and a 

local public official advising that the 

four hour advance notice required by 

the new rule was problematic and that 

consideration be given to revising the 

rule. 

After conducting an investigation 

including a meeting of all interested 

parties, the Coast Guard is proposing to 

change the drawbridge operation 

regulations for the Route 35 Bridge to 

require a two hour notice during the 

times the bridge is not normally crewed 

instead of the four hour notice presently 

authorized, and to change the all day 

notice requirement from the existing 

November 1 through April 30, to 

December 1 through March 31. 

Discussion of Proposal 

This proposed rule would amend 33 

CFR 117.709 by revising paragraph (a) to 

allow the bridge owner to require a two 

hour notice for bridge openings from 11 

p.m. to 7 a.m., year round and all day 

from December 1 through March 31. 

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 

(DHS). 

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. 

This conclusion is based on the fact 

that the bridge will open during times 

when the bridge is not normally crewed 

after a two hour instead of four hour 

notice which is required by the existing 

regulations. 

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 open during times 

the bridge is not normally crewed after 

a two hour instead of four hour notice 

which is required by the existing 

regulations. 

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), 

70564 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Proposed Rules 

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 us in writing 

at, Commander (obr), First Coast Guard 

District, Bridge Branch, One South 

Street, New York, NY, 10004. The 

telephone number is (212) 668–7165. 

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 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. 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 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 or procedures 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; 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. 

2. Section 117.709 is amended by 

revising paragraph (a) to read as follows: 

§ 117.709 Cheesequake Creek. 

(a) The draw of the Route 35 Bridge, 

at mile 0.0, at South Amboy, New 

Jersey, shall operate as follows: 

(1) From April 1 through November 

30 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 a two hour notice is given by 

calling the number posted at the bridge. 

(2) From December 1 through March 

31, the draw shall open on signal after 

a two hour notice is given by calling the 

number posted at the bridge. 

* * * * * 

Dated: November 4, 2005. 

David P. Pekoske, 

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

First Coast Guard District. 

[FR Doc. 05–23028 Filed 11–21–05; 8:45 am] 

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