Drawbridge Operation Regulations; New Jersey Intracoastal Waterway, Manasquan River, 42017-42019 [05-14322]

Download as PDF Federal Register / Vol. 70, No. 139 / Thursday, July 21, 2005 / Proposed Rules Penalties If the Federal agency or financial institution violates the Right to Financial Privacy Act, you may sue for damages or seek compliance with the law. If you win, you may be repaid your attorney’s fee and costs. Additional Information If you have any questions about your rights under this law, or about how to consent to release your financial records, please call the official whose name and telephone number appears below: lllllllllllllllllllll (Last Name, First Name, Middle Initial) lllllllllllllllllllll Title (Area Code) (Telephone Number) lllllllllllllllllllll (Component activity, address) Appendix C to Part 504—Certificate of Compliance With the Right to Financial Privacy Act of 1978—Sample Format (Official Letterhead) Mr./Mrs. llll, Manager, Army Federal Credit Union, Fort Ord, CA 93941. Dear Mr./Mrs. llll: I certify, pursuant to section 3403(b) of the Right to Financial Privacy Act of 1978, section 3401 et seq., Title 12, United States Code, that the applicable provisions of that statute have been complied with as to the (customer’s consent, search warrant or judicial subpoena, formal written request, emergency access, as applicable) presented on (date), for the following financial records of (customer’s name): lllllllllllllllllllll (Describe the specific records) (Official Signature Block) llll Pursuant to section 3417(c) of the Right to Financial Privacy Act of 1978, good faith reliance upon this certificate relieves your institution and its employees and agents of any possible liability to the customer in connection with the disclosure of these financial records. Appendix D to Part 504—Formal Written Request for Access—Sample Format (Official Letterhead) (Date) llll Mr./Mrs. llll, President (as appropriate), City National Bank and Trust Company, Altoona, PA 16602. Dear Mr./Mrs. llll: In connection with a legitimate law enforcement inquiry and pursuant to section 3402(5) and section 3408 of the Right to Financial Privacy Act of 1978, section 3401 et seq., Title 12, United States Code, and Army Regulation 190–6, you are requested to provide the following account information pertaining to (identify customer); lllllllllllllllllllll (Describe the specific records to be examined) The Army has no authority to issue an administrative summons or subpoena for VerDate jul<14>2003 18:14 Jul 20, 2005 Jkt 205001 access to these financial records which are required for (describe the nature or purpose of the inquiry). A copy of this request was (personally served upon or mailed to) the subject on (date) who has (10 or 14) days in which to challenge this request by filing an application in an appropriate United States district court if the subject desires to do so. Upon expiration of the above mentioned time period and in the absence of any filing or challenge by the subject, you will be furnished a certification certifying in writing that the applicable provisions of the Act have been complied with prior to obtaining the requested records. Upon your receipt of a Certificate of Compliance with the Right to Financial Privacy Act of 1978, you will be relieved of any possible liability to the subject in connection with the disclosure of the requested financial records. (Official Signature Block) llll Appendix E to Part 504—Customer Notice of Formal Written Request— Sample Format (Official Letterhead) (Date) llll Mr./Msllll, 1500 N. Main Street, Washington, DC 20314. Dear Mr./Ms. llll: Information or records concerning your transactions held by the financial institution named in the attached request are being sought by the (agency/department) in accordance with the Right to Financial Privacy Act of 1978, section 3401 et seq., Title 12, United States Code, and Army Regulation 190–6, for the following purpose(s): lllllllllllllllllllll (List the purpose(s)) If you desire that such records or information not be made available, you must do the following: a. Fill out the accompanying motion paper and sworn statement or write one of your own— (1) Stating that you are the customer whose records are being requested by the Government. (2) Giving the reasons you believe that the records are not relevant or any other legal basis for objecting to the release of the records. b. File the motion and statement by mailing or delivering them to the clerk of any one of the following United States District Courts: lllllllllllllllllllll (List applicable courts) c. Mail or deliver a copy of your motion and statement to the requesting authority: (give title and address). d. Be prepared to come to court and present your position in further detail. You do not need to have a lawyer, although you may wish to employ one to represent you and protect your rights. If you do not follow the above procedures, upon the expiration of (10 days from the date of personal service) (14 days from the date of mailing) of this notice, the records or information requested therein may be made available. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 42017 These records may be transferred to other Government authorities for legitimate law enforcement inquiries, in which event you will be notified after the transfer if such transfer is made. 3 Enclosures (see para)ll (Signature) llll [FR Doc. 05–14212 Filed 7–20–05; 8:45 am] BILLING CODE 3710–08–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05–05–079] RIN 1625–AA09 Drawbridge Operation Regulations; New Jersey Intracoastal Waterway, Manasquan River Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to temporarily change the regulations that govern the operation of the Route 35 Bridge, at New Jersey Intracoastal Waterway (NJICW) mile 1.1, across Manasquan River, at Brielle, New Jersey. The bridge will be closed to navigation on three four-month closure periods beginning from 8 a.m. November 1, 2006 until 5 p.m. March 1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 1, 2009. The extensive structural, mechanical, and electrical repairs and improvements necessitate these closures. DATES: Comments and related material must reach the Coast Guard on or before September 6, 2005. ADDRESSES: You may mail comments and related material to Commander (obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704–5004. The Fifth Coast Guard District 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 Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management Specialist, Fifth Coast Guard District, at (757) 398– 6629. SUPPLEMENTARY INFORMATION: E:\FR\FM\21JYP1.SGM 21JYP1 42018 Federal Register / Vol. 70, No. 139 / Thursday, July 21, 2005 / Proposed Rules Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking CGD05–05–079, 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 a return receipt, please enclose a stamped, self-addressed postcard or envelope. We will consider all submittals 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 Commander (obr), Fifth Coast Guard District 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) owns and operates the Route 35 Bridge, at NJICW mile 1.1, across Manasquan River, at Brielle, New Jersey. The current operating regulations set out in 33 CFR 117.733(b) requires the drawbridge to open on signal except as follows: from May 15 through September 30, on Saturdays, Sundays and Federal holidays, from 8 a.m. to 10 p.m. the draw need only open 15 minutes before the hour and 15 minutes after the hour; on Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, except Federal holidays from 12 p.m. to 7 p.m. the draw need only open 15 minutes before the hour and 15 minutes after the hour; and year-round from 11 p.m. to 8 a.m., the draw need only open if at least four hours notice is given. Parsons Brinkerhoff, a design consultant, on behalf of NJDOT requested a temporary change to the existing regulations for the Route 35 Bridge to facilitate necessary repairs. The repairs consist of extensive structural rehabilitation, mechanical, electrical repairs and improvements to necessitate this closure. To facilitate repairs, the bascule span must be closed to vessel traffic on three four-month closure periods beginning 8 a.m. on November 1, 2006 until 5 p.m. March 1, VerDate jul<14>2003 18:14 Jul 20, 2005 Jkt 205001 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 1, 2009. The Coast Guard has reviewed the bridge data provided by NJDOT. The data, from years 2003 to 2005, shows a substantial decrease in the number of bridge openings and vessel traffic transiting the area between November and March. Based on the data provided, the proposed closure dates will have minimal impact on vessel traffic. Discussion of Proposed Rule The Coast Guard proposes to amend the regulations governing the Route 35 Bridge over the Manasquan River, at NJICW mile 1.1, at Brielle, New Jersey, set out in 33 CFR 117.733(b). The Coast Guard proposes to temporarily suspend 33 CFR 117.733(b) and insert this new specific regulation at 33 CFR 117.733(l). Paragraph (l) would allow the draw to be closed to vessel traffic during the rehabilitation project on three fourmonth closure periods beginning 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 1, 2009. 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 section 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. We reached this conclusion based on the historical data, and on the fact that the proposed closure periods support minimal impact due to the reduced number of vessels requiring transit through the bridge. 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 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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. The off-season closure dates proposed for the bridge are designed to minimize the number of small entities affected. 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 E:\FR\FM\21JYP1.SGM 21JYP1 Federal Register / Vol. 70, No. 139 / Thursday, July 21, 2005 / Proposed Rules 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 affect 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 VerDate jul<14>2003 18:14 Jul 20, 2005 Jkt 205001 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. 42019 (l) From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 1, 2009, the Route 35 Bridge, mile 1.1, at Brielle may remain closed to navigation. Dated: July 11, 2005. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 05–14322 Filed 7–20–05; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY Environment 40 CFR Part 52 We have analyzed this proposed rule under 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 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 proposed rule is categorically excluded, under figure 2–1, paragraph (32)(e) of the Instruction, from further environmental documentation because it has been determined that the promulgation of operating regulations for drawbridges are categorically excluded. [Region 2 Docket No. R02–OAR–2005–NJ– 0002, FRL–7942–7] List of Subjects in 33 CFR Part 117 Bridges. Regulations 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; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05–1(g); section 117.255 also issued under the authority of Pub. L. 102–587, 106 Stat. 5039. 2. From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 1, 2009, in § 117.733, suspend paragraph (b) and add a new paragraph (l) to read as follows: § 117.733 New Jersey Intracoastal Waterway. * PO 00000 * Frm 00017 * * Fmt 4702 * Sfmt 4702 Approval and Promulgation of Implementation Plans; New Jersey Architectural Coatings Rule Environmental Protection Agency (EPA). ACTION: Proposed rule AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds. The SIP revision consists of amendments to Subchapter 23 ‘‘Prevention of Air Pollution From Architectural Coatings’’ of 7:27 of the New Jersey Administrative Codes, which are needed to meet the shortfall in emissions reduction identified by EPA in New Jersey’s 1-hour ozone attainment demonstration SIP. The intended effect of this action is to approve a control strategy required by the Clean Air Act, which will result in emission reductions that will help achieve attainment of the national ambient air quality standard for ozone. DATES: Comments must be received on or before August 22, 2005. ADDRESSES: Submit your comments, identified by Regional Material in EDocket (RME) ID Number R02–OAR– 2005–NJ–0002 by one of the following methods: Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. 1. Agency Web site: https:// docket.eps.gov/rmepub/ Regional Material in EDocket (RME), EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Once in the system, select ‘‘quick research,’’ then key in the appropriate RME Docket E:\FR\FM\21JYP1.SGM 21JYP1

Agencies

[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Proposed Rules]
[Pages 42017-42019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14322]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-05-079]
RIN 1625-AA09


Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway, Manasquan River

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to temporarily change the regulations 
that govern the operation of the Route 35 Bridge, at New Jersey 
Intracoastal Waterway (NJICW) mile 1.1, across Manasquan River, at 
Brielle, New Jersey. The bridge will be closed to navigation on three 
four-month closure periods beginning from 8 a.m. November 1, 2006 until 
5 p.m. March 1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. 
March 1, 2008; and from 8 a.m. on November 1, 2008 until 5 p.m. March 
1, 2009. The extensive structural, mechanical, and electrical repairs 
and improvements necessitate these closures.

DATES: Comments and related material must reach the Coast Guard on or 
before September 6, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431 
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard 
District 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 
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6629.

SUPPLEMENTARY INFORMATION:

[[Page 42018]]

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking CGD05-05-
079, 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 
8\1/2\ by 11 inches, suitable for copying. If you would like a return 
receipt, please enclose a stamped, self-addressed postcard or envelope. 
We will consider all submittals 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 Commander (obr), Fifth Coast Guard 
District 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) owns and 
operates the Route 35 Bridge, at NJICW mile 1.1, across Manasquan 
River, at Brielle, New Jersey. The current operating regulations set 
out in 33 CFR 117.733(b) requires the drawbridge to open on signal 
except as follows: from May 15 through September 30, on Saturdays, 
Sundays and Federal holidays, from 8 a.m. to 10 p.m. the draw need only 
open 15 minutes before the hour and 15 minutes after the hour; on 
Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, except 
Federal holidays from 12 p.m. to 7 p.m. the draw need only open 15 
minutes before the hour and 15 minutes after the hour; and year-round 
from 11 p.m. to 8 a.m., the draw need only open if at least four hours 
notice is given.
    Parsons Brinkerhoff, a design consultant, on behalf of NJDOT 
requested a temporary change to the existing regulations for the Route 
35 Bridge to facilitate necessary repairs. The repairs consist of 
extensive structural rehabilitation, mechanical, electrical repairs and 
improvements to necessitate this closure. To facilitate repairs, the 
bascule span must be closed to vessel traffic on three four-month 
closure periods beginning 8 a.m. on November 1, 2006 until 5 p.m. March 
1, 2007; from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; 
and from 8 a.m. on November 1, 2008 until 5 p.m. March 1, 2009.
    The Coast Guard has reviewed the bridge data provided by NJDOT. The 
data, from years 2003 to 2005, shows a substantial decrease in the 
number of bridge openings and vessel traffic transiting the area 
between November and March. Based on the data provided, the proposed 
closure dates will have minimal impact on vessel traffic.

Discussion of Proposed Rule

    The Coast Guard proposes to amend the regulations governing the 
Route 35 Bridge over the Manasquan River, at NJICW mile 1.1, at 
Brielle, New Jersey, set out in 33 CFR 117.733(b). The Coast Guard 
proposes to temporarily suspend 33 CFR 117.733(b) and insert this new 
specific regulation at 33 CFR 117.733(l).
    Paragraph (l) would allow the draw to be closed to vessel traffic 
during the rehabilitation project on three four-month closure periods 
beginning 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; from 8 
a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. on 
November 1, 2008 until 5 p.m. March 1, 2009.

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 section 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. We reached this conclusion based 
on the historical data, and on the fact that the proposed closure 
periods support minimal impact due to the reduced number of vessels 
requiring transit through the bridge.

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. The off-season closure dates proposed for the 
bridge are designed to minimize the number of small entities affected.
    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

[[Page 42019]]

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 affect 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.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 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 proposed rule is categorically excluded, 
under figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation because it has been determined that the 
promulgation of operating regulations for drawbridges are categorically 
excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; from 
8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 a.m. 
on November 1, 2008 until 5 p.m. March 1, 2009, in Sec.  117.733, 
suspend paragraph (b) and add a new paragraph (l) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (l) From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2007; 
from 8 a.m. on November 1, 2007 until 5 p.m. March 1, 2008; and from 8 
a.m. on November 1, 2008 until 5 p.m. March 1, 2009, the Route 35 
Bridge, mile 1.1, at Brielle may remain closed to navigation.

    Dated: July 11, 2005.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-14322 Filed 7-20-05; 8:45 am]
BILLING CODE 4910-15-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.