49622 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules 

by mail early. For additional 

information on submitting comments 

and the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard M. Brennan, Director, Office of 

Interpretations and Regulatory Analysis, 

Wage and Hour Division, Employment 

Standards Administration, U.S. 

Department of Labor, Room S–3506, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–0051 

(this is not a toll-free number). Copies 

of this notice may be obtained in 

alternative formats (Large Print, Braille, 

Audio Tape or Disc), upon request, by 

calling (202) 693–0023 (not a toll-free 

number). TTY/TDD callers may dial 

toll-free (877) 889–5627 to obtain 

information or request materials in 

alternative formats. 

Questions of interpretation and/or 

enforcement of regulations issued by 

this agency or referenced in this notice 

may be directed to the nearest Wage and 

Hour Division (WHD) District Office. 

Locate the nearest office by calling our 

toll-free help line at (866) 4USWAGE 

((866) 487–9243) between 8 a.m. and 5 

p.m. in your local time zone, or log onto 

the WHD’s Web site for a nationwide 

listing of Wage and Hour District and 

Area Offices at: http://www.dol.gov/esa/ 

contacts/whd/america2.htm. 

SUPPLEMENTARY INFORMATION: 

I. Electronic Access and Filing 

Comments 

Public Participation: This notice is 

available through the Federal Register 

and the http://www.regulations.gov Web 

site. You may also access this notice via 

the WHD home page at http:// 

www.dol.gov/esa/whd/regulations/ 

FLSA2008.htm. To comment 

electronically on federal rulemakings, 

go to the federal eRulemaking Portal at 

http://www.regulations.gov, which will 

allow you to find, review, and submit 

comments on federal documents that are 

open for comment and published in the 

Federal Register. Please identify all 

comments submitted in electronic form 

by the RIN docket number (1215–AB13). 

Because of delays in receiving mail in 

the Washington, DC, area, commenters 

should transmit their comments 

electronically via the federal 

eRulemaking Portal at http:// 

www.regulations.gov, or submit them by 

mail early to ensure timely receipt prior 

to the close of the comment period. 

Submit one copy of your comments by 

only one method. 

II. Request for Comment 

In the Federal Register of July 28, 

2008 (73 FR 43654), the Department of 

Labor published a notice of proposed 

rulemaking requesting public comments 

on proposed revisions to update existing 

outdated regulatory provisions under 

the FLSA and the Portal Act. The 

proposed revisions are intended to 

conform the regulations to FLSA 

amendments passed in 1974, 1977, 

1996, 1997, 1998, 1999, 2000, and 2007, 

a Portal Act amendment passed in 1996, 

and to several authoritative federal 

appellate court rulings that have 

invalidated portions of the existing 

regulations. Interested parties were 

requested to submit comments on or 

before September 11, 2008. 

The Department has received requests 

to extend the period for filing public 

comments from representatives of the 

following organizations: American 

Federation of Labor and Congress of 

Industrial Organizations; National 

Employment Lawyers Association; 

National Employment Law Project; 

International Association of Fire 

Fighters; American Federation of State, 

County and Municipal Employees, 

AFL–CIO; and Service Employees 

International Union CTW, CLC. Because 

of the interest that has been expressed 

in this matter, the Department has 

decided to extend the period for 

submitting public comments for 15 

additional days, to September 26, 2008. 

Signed at Washington, DC this 18th day of 

August 2008. 

Victoria A. Lipnic, 

Assistant Secretary, Employment Standards 

Administration. 

Alexander J. Passantino, 

Acting Administrator, Wage and Hour 

Division. 

[FR Doc. E8–19475 Filed 8–21–08; 8:45 am] 

BILLING CODE 4510–27–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2008–0697] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Intracoastal Waterway (ICW), Barnegat 

Bay, Seaside Heights, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the drawbridge operation 

regulations of the S37 Bridge, at ICW 

mile 14.1, across Barnegat Bay at 

Seaside Heights, NJ. This proposal 

would allow the drawbridge to operate 

on an advance notice basis during 

specific times of the year. The proposed 

change would result in more efficient 

use of the bridge during months of 

infrequent transit. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 6, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0697 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) 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. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Terrance A. Knowles, 

Environmental Protection Specialist, 

Fifth Coast Guard District, at (757) 398–

6587. 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. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’

paragraph below. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 


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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules 49623 

rulemaking (USCG–2008–0697), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. 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. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or 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. We 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 at any time. 

Enter the docket number for this 

rulemaking (USCG–2008–0697) in the 

Search box, and click ‘‘Go>>.’’ 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 

233704–5004 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 the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility 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 New Jersey Department of 

Transportation (NJDOT) is responsible 

for the operation of the S37 Bridge, at 

ICW mile 14.1, across Barnegat Bay at 

Seaside Heights, NJ. NJDOT requested 

advance notification for vessel openings 

from December 1 to March 31 from 8 

a.m. to 11 p.m. for the drawbridge due 

to the infrequency of requests. 

In the closed-to-navigation position, 

the S37 Bridge, at ICW mile 14.1, across 

Barnegat Bay at Seaside Heights, has a 

vertical clearance of 30 feet, above mean 

high water. The existing operating 

regulation for the drawbridge is set out 

in 33 CFR 117.733(c), which requires 

the bridge to open on signal except from 

December 1 through March 31 from 11 

p.m. to 8 a.m., the draw need not be 

opened; from April 1 through November 

30, from 11 p.m. to 8 a.m. the draw shall 

open if at least four hours notice is 

given; and from Memorial Day through 

Labor Day from 8 a.m. to 8 p.m., the 

draw need only open on the hour and 

half hour. 

A review of the bridge logs for 2005 

to 2007 supplied by NJDOT revealed 

that, from December 1 through March 

31, between 8 a.m. to 11 p.m., the 

drawbridge opened for vessels a total of 

5, 9, and 35 times per year, respectively. 

The year of 2007 was an anomaly, based 

on unseasonably warm weather for the 

winter months. 

Due to the infrequency of requests for 

vessel openings during the winter 

months, NJDOT requested to change the 

current operating regulations from 

December 1 through March 31 of every 

year from 8 a.m. to 11 p.m. by requiring 

the draw span to open on signal if at 

least four hours notice is given. 

Discussion of Proposed Rule 

The Coast Guard proposes to amend 

33 CFR § 117.733(c) which governs the 

S37 Bridge across Barnegat Bay, at ICW 

mile 14.1, at Seaside Heights, NJ, by 

revising paragraph (c)(1) to read that 

from December 1 to March 31 the draw 

shall open on signal if at least four 

hours notice is given. The change is due 

to the infrequency of requests for vessel 

openings during the winter months. 

Regulatory Analysis 

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 scheduled bridge 

openings, to minimize delays and 

vessels that can pass under the bridges 

without a bridge opening may do so at 

all times. 

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 could affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels, unable to transit 

under the bridge, needing to transit the 

bridge on December 1 through March 31 

from 8 a.m. until 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, mariners who plan their 

transits in accordance with the 

scheduled bridge openings and/or by 

giving timely notice can minimize delay 

and vessels that can pass under the 

bridges without a bridge opening may 

continue to do so at all times. 

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, 


yshivers on PROD1PC62 with PROPOSALS
49624 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules 

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. 

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 Commandant Instruction 

M16475.1D and the Department of 

Homeland Security Management 

Directive 5100.1, 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 not 

likely to have a significant effect on the 

human environment because it simply 

promulgates the operating regulations or 

procedures for drawbridges. See 

paragraph 32(e) of Commandant 

Instruction M16475.1D. 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(c)(1) to read as 

follows: 

§ 117.733 New Jersey Intracoastal 

Waterway. 

* * * * * 

(c) * * * 

(1) From December 1 through March 

31, the draw need only open if at least 

four hours notice is given. 

* * * * * 

Dated: July 28, 2008. 

Fred M. Rosa, Jr., 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. E8–19530 Filed 8–21–08; 8:45 am] 

BILLING CODE 4910–15–P 


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