Drawbridge Operation Regulation; Mantua Creek, Paulsboro, NJ, 44693-44695 [2014-18278]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
give legally enforceable orders to
persons or vessels within the regatta
area, and take other actions authorized
by the Captain of the Port. The Patrol
Commander will be aboard either a
Coast Guard or Coast Guard Auxiliary
vessel. The Patrol Commander may be
contacted on Channel 16 (156.8 MHZ)
by the call sign ‘‘Coast Guard Patrol
Commander.’’
Dated: July 16, 2014.
S.B. Lemasters,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Detroit.
[FR Doc. 2014–18287 Filed 7–31–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2013–1018]
Special Local Regulation; Seattle
Seafair Unlimited Hydroplane Race,
Lake Washington, WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Seattle Seafair Unlimited
Hydroplane Race Special Local
Regulation on Lake Washington, WA
from 8:00 a.m. on August 1, 2014
through 11:59 p.m. on August 3, 2014
during hydroplane race times. This
action is necessary to ensure public
safety from the inherent dangers
associated with high-speed races while
allowing access for rescue personnel in
the event of an emergency. During the
enforcement period, no person or vessel
will be allowed to enter the regulated
area without the permission of the
Captain of the Port, on-scene Patrol
Commander or Designated
Representative.
SUMMARY:
The regulations in 33 CFR
100.1301 will be enforced from 8:00
a.m. on August 1, 2014 through 11:59
p.m. on August 3, 2014.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email LTJG Johnny Zeng, Sector
Puget Sound Waterways Management
Division, Coast Guard; telephone 206–
217–6175, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Seattle Seafair
Unlimited Hydroplane Race Special
Local Regulation in 33 CFR 100.1301
emcdonald on DSK67QTVN1PROD with RULES
DATES:
VerDate Mar<15>2010
17:22 Jul 31, 2014
Jkt 232001
from 8:00 a.m. on August 1, 2014
through 11:59 p.m. on August 3, 2014.
Under the provisions of 33 CFR
100.1301, the Coast Guard will restrict
general navigation in the following area:
All waters of Lake Washington bounded
by the Interstate 90 (Mercer Island/
Lacey V. Murrow) Bridge, the western
shore of Lake Washington, and the east/
west line drawn tangent to Bailey
Peninsula and along the shoreline of
Mercer Island.
The regulated area has been divided
into two zones. The zones are separated
by a line perpendicular from the I–90
Bridge to the northwest corner of the
East log boom and a line extending from
the southeast corner of the East log
boom to the southeast corner of the
hydroplane race course and then to the
northerly tip of Ohlers Island in
Andrews Bay. The western zone is
designated Zone I, the eastern zone,
Zone II. (Refer to NOAA Chart 18447).
The Coast Guard will maintain a
patrol consisting of Coast Guard vessels,
assisted by Coast Guard Auxiliary
vessels, in Zone II. The Coast Guard
patrol of this area is under the direction
of the Coast Guard Patrol Commander
(the ‘‘Patrol Commander’’). The Patrol
Commander is empowered to control
the movement of vessels on the
racecourse and in the adjoining waters
during the periods this regulation is in
effect. The Patrol Commander may be
assisted by other federal, state and local
law enforcement agencies.
Only vessels authorized by the Patrol
Commander may be allowed to enter
Zone I during the hours this regulation
is in effect. Vessels in the vicinity of
Zone I shall maneuver and anchor as
directed by the Patrol Commander.
During the times in which the
regulation is in effect, the following
rules shall apply:
(1) Swimming, wading, or otherwise
entering the water in Zone I by any
person is prohibited while hydroplane
boats are on the racecourse. At other
times in Zone I, any person entering the
water from the shoreline shall remain
west of the swim line, denoted by
buoys, and any person entering the
water from the log boom shall remain
within ten (10) feet of the log boom.
(2) Any person swimming or
otherwise entering the water in Zone II
shall remain within ten (10) feet of a
vessel.
(3) Rafting to a log boom will be
limited to groups of three vessels.
(4) Up to six (6) vessels may raft
together in Zone II if none of the vessels
are secured to a log boom. Only vessels
authorized by the Patrol Commander,
other law enforcement agencies or event
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
44693
sponsors shall be permitted to tow other
watercraft or inflatable devices.
(5) Vessels proceeding in either Zone
I or Zone II during the hours this
regulation is in effect shall do so only
at speeds which will create minimum
wake, seven (07) miles per hour or less.
This maximum speed may be reduced at
the discretion of the Patrol Commander.
(6) Upon completion of the daily
racing activities, all vessels leaving
either Zone I or Zone II shall proceed at
speeds of seven (07) miles per hour or
less. The maximum speed may be
reduced at the discretion of the Patrol
Commander.
(7) A succession of sharp, short
signals by whistle or horn from vessels
patrolling the areas under the direction
of the Patrol Commander shall serve as
signal to stop. Vessels signaled shall
stop and shall comply with the orders
of the patrol vessel; failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
The Captain of the Port may be
assisted by other federal, state and local
law enforcement agencies in enforcing
this regulation.
This notice is issued under authority
of 33 CFR 100.1301 and 5 U.S.C. 552(a).
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: July 21, 2014.
T.A. Griffitts,
Captain, U.S. Coast Guard Acting Captain
of the Port, Puget Sound.
[FR Doc. 2014–18286 Filed 7–31–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0710]
RIN 1625–AA09
Drawbridge Operation Regulation;
Mantua Creek, Paulsboro, NJ
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the operating schedule that governs the
New Jersey State Route 44 lift bridge
over Mantua Creek at mile marker 1.7,
near Paulsboro, NJ. The new rule will
change the time of year that the bridge
opens on signal. For the months that no
SUMMARY:
E:\FR\FM\01AUR1.SGM
01AUR1
44694
Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
longer open on signal, the bridge will
open with four hours advanced notice.
DATES: This rule is effective September
2, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0710]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mrs. Jessica Shea, Fifth Coast
Guard District Bridge Administration
Division, Coast Guard; telephone 757–
398–6422, email jessica.c.shea2@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NJDOT New Jersey Department of
Transportation
§ Symbol
U.S.C. United States Code
A. Regulatory History and Information
On October 28, 2013, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulation; Mantua Creek, Paulsboro,
NJ’’ in the Federal Register (78 FR
64186). We received no comments on
the proposed rule. No public meeting
was requested, and none was held.
B. Basis and Purpose
The bridge owner, NJDOT, requested
a change in the operation regulation at
33 CFR 117.729(b) for the State Route 44
bridge, mile 1.7, across Mantua Creek.
The majority of vessels that use this
waterway are recreational boats that
travel during the summer and fall
months of May through October. The
current operating schedule requires
openings on signal from 7 a.m. to 11
p.m. between the months of March,
April, and November and a 4 hour
advance notice at all other times.
NJDOT provided the Coast Guard with
the bridge tender logs dating back to
2007 to illustrate the marine traffic
patterns on Mantua Creek. Based on the
information provided by the bridge
tenders there have been very few
requests requiring openings between
March 1 through April 30 and
November 1 through November 30
during the 7 a.m. to 11 p.m. time period.
(See Table A)
TABLE A—BRIDGE OPENINGS FOR JANUARY 2007–JUNE 2013
Month
2013
January ....................................................
February ...................................................
March .......................................................
April ..........................................................
May ..........................................................
June .........................................................
July ...........................................................
August ......................................................
September ................................................
October ....................................................
November .................................................
December .................................................
2
0
0
0
6
0
....................
....................
....................
....................
....................
....................
2
4
3
12
72
97
59
61
66
20
12
1
0
0
4
10
43
93
107
43
27
13
3
0
0
0
0
5
43
46
73
81
59
21
4
0
11
0
0
18
20
10
23
41
10
10
8
0
0
0
1
4
11
31
27
64
29
25
47
1
0
0
4
4
13
30
17
19
26
23
7
0
Total ..................................................
....................
409
343
332
151
240
143
The vertical clearance of the vertical
lift bridge is 5 feet above mean high
water in the closed position and 64 feet
above mean high water in the open
position. In order to align the operating
schedule with the observed marine
traffic since 2007, the open on demand
requirement for March 1 through April
30 and November 1 through November
30 is being revised such that the draw
shall open with a 4 hour advance notice.
emcdonald on DSK67QTVN1PROD with RULES
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard provided a comment
period of 60 days and no comments
were received therefore no changes were
made.
Under this rule, if vessels require an
opening during any time of the year
outside the summer and fall season
(May through October) or between the
hours of 11 p.m. and 7 a.m., the bridge
VerDate Mar<15>2010
17:22 Jul 31, 2014
Jkt 232001
2012
2011
2010
will open with a 4 hour advanced
notice. The impact to vessels of the
proposed change to the regulation is
that vessels which require openings
during March, April or November will
need to provide 4 hours advanced
notice.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This 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
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
2009
2008
2007
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under those Orders.
Fewer than 20 vessels per year based on
NJDOT bridge tender logs will be
impacted by this change. This
regulation change should not have an
adverse effect on their transit because
the bridge is able to open if the mariner
provides at least 4 hours of advance
notice.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
E:\FR\FM\01AUR1.SGM
01AUR1
Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
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 received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities. This rule amends the months of
the year that the draw opens on signal
when it is documented that vessel traffic
is low. Additionally, vessels may still
request an opening with 4 hours
advanced notice during the months of
March, April and November.
3. 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 rule. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). 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.
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
emcdonald on DSK67QTVN1PROD with RULES
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
VerDate Mar<15>2010
17:22 Jul 31, 2014
Jkt 232001
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the ‘‘For Further
Information Contact’’ section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
44695
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
This rule will 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.
We have analyzed this 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 concluded that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule promulgates the
operating regulations or procedures for
drawbridges. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
9. Civil Justice Reform
List of Subjects in 33 CFR Part 117
7. 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This 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.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
With Indian Tribal Governments,
because it does 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
PO 00000
Frm 00061
Fmt 4700
Sfmt 9990
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 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. 44 bridge,
mile 1.7, at Paulsboro, shall open on
signal from May 1 through October 31
from 7 a.m. to 11 p.m., and shall open
on signal at all other times upon four
hours notice.
Dated: July 17, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard
Commander, Fifth Coast Guard District.
[FR Doc. 2014–18278 Filed 7–31–14; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\01AUR1.SGM
01AUR1
]]>Agencies
[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44693-44695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18278]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0710]
RIN 1625-AA09
Drawbridge Operation Regulation; Mantua Creek, Paulsboro, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating schedule that
governs the New Jersey State Route 44 lift bridge over Mantua Creek at
mile marker 1.7, near Paulsboro, NJ. The new rule will change the time
of year that the bridge opens on signal. For the months that no
[[Page 44694]]
longer open on signal, the bridge will open with four hours advanced
notice.
DATES: This rule is effective September 2, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0710]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mrs. Jessica Shea, Fifth Coast Guard District Bridge
Administration Division, Coast Guard; telephone 757-398-6422, email
jessica.c.shea2@uscg.mil. If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NJDOT New Jersey Department of Transportation
Sec. Symbol
U.S.C. United States Code
A. Regulatory History and Information
On October 28, 2013, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Mantua Creek,
Paulsboro, NJ'' in the Federal Register (78 FR 64186). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
B. Basis and Purpose
The bridge owner, NJDOT, requested a change in the operation
regulation at 33 CFR 117.729(b) for the State Route 44 bridge, mile
1.7, across Mantua Creek. The majority of vessels that use this
waterway are recreational boats that travel during the summer and fall
months of May through October. The current operating schedule requires
openings on signal from 7 a.m. to 11 p.m. between the months of March,
April, and November and a 4 hour advance notice at all other times.
NJDOT provided the Coast Guard with the bridge tender logs dating back
to 2007 to illustrate the marine traffic patterns on Mantua Creek.
Based on the information provided by the bridge tenders there have been
very few requests requiring openings between March 1 through April 30
and November 1 through November 30 during the 7 a.m. to 11 p.m. time
period. (See Table A)
Table A--Bridge Openings for January 2007-June 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
Month 2013 2012 2011 2010 2009 2008 2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
January...................................................... 2 2 0 0 11 0 0
February..................................................... 0 4 0 0 0 0 0
March........................................................ 0 3 4 0 0 1 4
April........................................................ 0 12 10 5 18 4 4
May.......................................................... 6 72 43 43 20 11 13
June......................................................... 0 97 93 46 10 31 30
July......................................................... ........... 59 107 73 23 27 17
August....................................................... ........... 61 43 81 41 64 19
September.................................................... ........... 66 27 59 10 29 26
October...................................................... ........... 20 13 21 10 25 23
November..................................................... ........... 12 3 4 8 47 7
December..................................................... ........... 1 0 0 0 1 0
------------------------------------------------------------------------------------------
Total.................................................... ........... 409 343 332 151 240 143
--------------------------------------------------------------------------------------------------------------------------------------------------------
The vertical clearance of the vertical lift bridge is 5 feet above
mean high water in the closed position and 64 feet above mean high
water in the open position. In order to align the operating schedule
with the observed marine traffic since 2007, the open on demand
requirement for March 1 through April 30 and November 1 through
November 30 is being revised such that the draw shall open with a 4
hour advance notice.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 60 days and no
comments were received therefore no changes were made.
Under this rule, if vessels require an opening during any time of
the year outside the summer and fall season (May through October) or
between the hours of 11 p.m. and 7 a.m., the bridge will open with a 4
hour advanced notice. The impact to vessels of the proposed change to
the regulation is that vessels which require openings during March,
April or November will need to provide 4 hours advanced notice.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. Regulatory Planning and Review
This 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) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. Fewer than 20 vessels per year
based on NJDOT bridge tender logs will be impacted by this change. This
regulation change should not have an adverse effect on their transit
because the bridge is able to open if the mariner provides at least 4
hours of advance notice.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
[[Page 44695]]
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 received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities. This rule amends the months of
the year that the draw opens on signal when it is documented that
vessel traffic is low. Additionally, vessels may still request an
opening with 4 hours advanced notice during the months of March, April
and November.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will 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.
9. Civil Justice Reform
This 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.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
because it does 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule promulgates the operating regulations or
procedures for drawbridges. This rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. Revise Sec. 117.729(b) to read as follows:
Sec. 117.729 Mantua Creek.
* * * * *
(b) The draw of the S.R. 44 bridge, mile 1.7, at Paulsboro, shall
open on signal from May 1 through October 31 from 7 a.m. to 11 p.m.,
and shall open on signal at all other times upon four hours notice.
Dated: July 17, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard Commander, Fifth Coast Guard
District.
[FR Doc. 2014-18278 Filed 7-31-14; 8:45 am]
BILLING CODE 9110-04-P
