Drawbridge Operation Regulations: Hackensack River, NJ, 58057-58059 [05-19952]
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Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
ACTION:
Notice of temporary deviation
from regulations.
ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the drawbridge operation
regulations for the Metropolitan Avenue
Bridge, mile 3.4, across English Kills at
New York City, New York. Under this
temporary deviation the bridge may
remain in the closed position from 11
p.m. on October 21, 2005 through 6 a.m.
on October 24, 2005. This temporary
deviation is necessary to facilitate
scheduled bridge maintenance.
DATES: This deviation is effective from
October 21, 2005 through October 24,
2005.
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the drawbridge operation
regulations for the P.J. McArdle Bridge,
mile 0.3, across the Chelsea River
between East Boston and Chelsea,
Massachusetts. Under this temporary
deviation the bridge may remain closed
from 7 a.m. to 3 p.m., on October 24,
2005 and October 27, 2005. This
temporary deviation is necessary to
facilitate scheduled bridge maintenance.
DATES: This deviation is effective from
October 24, 2005 through October 27,
2005.
FOR FURTHER INFORMATION CONTACT: John
McDonald, Project Officer, First Coast
Guard District, at (617) 223–8364.
SUPPLEMENTARY INFORMATION: The P.J.
McArdle Bridge has a vertical clearance
in the closed position of 21 feet at mean
high water and 30 feet at mean low
water. The existing drawbridge
operation regulations are listed at 33
CFR 117.593.
The owner of the bridge, the City of
Boston, requested a temporary deviation
from the drawbridge operation
regulations to facilitate scheduled
bridge maintenance, bearing
replacement.
Under this temporary deviation the
P.J. McArdle Bridge may remain closed
from 7 a.m. to 3 p.m., on October 24,
2005 and October 27, 2005.
This deviation from the operating
regulations is authorized under 33 CFR
117.35, and will be performed with all
due speed in order to return the bridge
to normal operation as soon as possible.
Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7195.
SUPPLEMENTARY INFORMATION: The
Metropolitan Avenue Bridge has a
vertical clearance in the closed position
of 10 feet at mean high water and 15 feet
at mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.801(e).
The owner of the bridge, New York
City Department of Transportation
(NYCDOT), requested a temporary
deviation from the drawbridge operation
regulations to facilitate scheduled
bridge repairs, counterweight
replacement. The bridge must remain in
the closed position in order to perform
this work.
Under this temporary deviation the
NYCDOT Metropolitan Avenue Bridge
may remain in the closed position from
11 p.m. on October 21, 2005 through 6
a.m. on October 24, 2005.
This deviation from the operating
regulations is authorized under 33 CFR
117.35, and will be performed with all
due speed in order to return the bridge
to normal operation as soon as possible.
FOR FURTHER INFORMATION CONTACT:
Dated: September 23, 2005.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 05–19948 Filed 10–4–05; 8:45 am]
Notice of temporary deviation
from regulations.
Dated: September 23, 2005.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 05–19947 Filed 10–4–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 4910–15–P
Coast Guard
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 117
Coast Guard
RIN 1625–AA09
33 CFR Part 117
Drawbridge Operation Regulations:
Hackensack River, NJ
[CGD01–05–092]
Coast Guard, DHS.
VerDate Aug<31>2005
14:00 Oct 04, 2005
Coast Guard, DHS.
Final rule.
AGENCY:
Drawbridge Operation Regulations:
Chelsea River, MA
AGENCY:
[CGD01–05–061]
Jkt 208001
ACTION:
SUMMARY: The Coast Guard has changed
the drawbridge operation regulations
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58057
that govern the Amtrak Portal Bridge at
mile 5.0, across the Hackensack River at
Little Snake Hill, New Jersey. This final
rule allows the bridge owner to expand
the two time periods in the morning and
in the afternoon, Monday through
Friday, when the bridge may remain
closed to vessel traffic.
DATES: This rule is effective November
4, 2005.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket (CGD01–05–061) and are
available for inspection or copying at
the First Coast Guard District, Bridge
Branch Office, 408 Atlantic Avenue,
Boston, Massachusetts 02110, between 7
a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Gary Kassof, Bridge Administrator, First
Coast Guard District, (212) 668–7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 29, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulations; Hackensack River, New
Jersey, in the Federal Register (70 FR
43812). We received 30 comment letters
in response to the notice of proposed
rulemaking. All 30 comment letters
were in favor of the proposed
rulemaking. No public hearing was
requested and none was held.
Background and Purpose
The Amtrak Portal Bridge has a
vertical clearance of 23 feet at mean
high water and 28 feet at mean low
water in the closed position. The
existing operating regulations are listed
at 33 CFR 117.723(c).
The owner of the bridge, National
Railroad Passenger Corporation
(AMTRAK), requested a change to the
drawbridge operation regulations that
would expand the two time periods in
the morning and afternoon, Monday
through Friday, when the bridge may
remain closed to vessel traffic.
Rail traffic during the morning and
afternoon commuter periods has
increased over the past several years.
Bridge openings during the two
commuter time periods have caused
delays to rail traffic prompting the
bridge owner to request the expansion
of the two bridge closure periods in the
morning and afternoon Monday through
Friday.
The Coast Guard conducted two 90day test deviations to help determine if
the proposed drawbridge operation
schedule changes would help facilitate
E:\FR\FM\05OCR1.SGM
05OCR1
58058
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
better rail traffic movement and not
cause undue delays to vessel traffic.
On February 26, 2004, the Coast
Guard published a temporary 90-day
deviation, with request for comment,
(69 FR 8817) to test changes to the
drawbridge operation regulations for the
Amtrak Portal Bridge identical to those
proposed in this final rule. That
temporary deviation was in effect from
March 1, 2004, through May 29, 2004.
We received nine comment letters in
response to the temporary deviation. All
the comment letters were in favor of
making the tested drawbridge operation
schedule a permanent rule change.
On November 23, 2004, we published
a second 90-day deviation (69 FR 68079)
to test the same drawbridge operation
schedule as above during the winter
months of the year. The second test
deviation was in effect from December
13, 2004 through March 12, 2005. We
received eight comment letters in
response to our second test deviation.
All eight letters were in favor of making
the proposed rule change permanent.
The existing drawbridge operation
regulations allow the bridge to remain
closed to vessel traffic, Monday through
Friday, from 7:20 a.m. to 9:20 a.m. and
from 4:30 p.m. to 6:50 p.m., daily.
Under this final rule the Amtrak
Portal Bridge will not open for vessel
traffic, Monday through Friday, from 6
a.m. to 10 a.m. and from 4 p.m. to 8
p.m., daily. Additional bridge openings
will be provided for commercial vessels
from 6 a.m. to 7:20 a.m., from 9:20 a.m.
to 10 a.m., from 4 p.m. to 4:30 p.m. and
from 6:50 p.m. to 8 p.m., if at least a
one-hour advance notice is given by
calling the number posted at the bridge.
Discussion of Comments and Changes
The Coast Guard received 30
comment letters in response to the
notice of proposed rulemaking. All 30
comment letters were in favor of the
rulemaking. As a result, no changes
have been made to this final rule.
Regulatory Evaluation
This 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).
This conclusion is based on the fact
that the expansion of the existing bridge
closed periods were previously tested
during two 90-day temporary deviations
VerDate Aug<31>2005
14:00 Oct 04, 2005
Jkt 208001
with favorable results. We received no
objections from the marine operators
that normally use this waterway during
the two deviation test periods or in
response to our notice of proposed
rulemaking.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we considered
whether this 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 less than 50,000.
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 conclusion is based on the fact
that the expansion of the existing bridge
closed periods were previously tested
during two 90-day temporary deviations
with favorable results. We received no
objections from the marine operators
that normally use this waterway during
the two deviation test periods or in
response to our notice of proposed
rulemaking.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. No small entities requested
Coast Guard assistance and none was
given.
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).
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 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
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 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 rule will 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 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 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 concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Collection of Information
Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have 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.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
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Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations
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 rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; § 117.255 also issued under the
authority of Pub. L. 102–587, 106 Stat. 5039.
2. Section 117.723 is amended by
revising paragraph (c) to read as follows:
I
§ 117.723
Hackensack River.
*
*
*
*
*
(c) Except as provided in paragraphs
(a)(1) of this section, the draw of the
Amtrak Portal Bridge, mile 5.0, at Little
Snake Hill, need not open for the
passage of vessel traffic Monday through
Friday, except Federal holidays, from 6
a.m. to 10 a.m. and from 4 p.m. to 8 p.m.
Additional bridge openings shall be
provided for commercial vessels from 6
a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.;
4 p.m. to 4:30 p.m. and from 6:50 p.m.
to 8 p.m., if at least a one-hour advance
notice is given by calling the number
posted at the bridge. At all other times
the draw shall open on signal.
*
*
*
*
*
Dated: September 25, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 05–19952 Filed 10–4–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Environment
We have analyzed this 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 environmental
documentation. It has been determined
that this final rule does not significantly
impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
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33 CFR Part 117
[CGD11–05–028]
Drawbridge Operation Regulations;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Tower
Drawbridge across the Sacramento
River, mile 59.0, at Sacramento, CA.
This deviation allows the drawbridge to
not open for vessel traffic and remain in
the closed-to-navigation position. The
deviation is necessary to rehabilitate the
bridge deck.
DATES: This deviation is effective from
10 p.m. on October 16, 2005 through 7
a.m. on October 20, 2005.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at Commander (oan), Eleventh
Coast Guard District, Building 50–3,
Coast Guard Island, Alameda, CA
94501–5100, between 8 a.m. and 4 p.m.,
SUMMARY:
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58059
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
David H. Sulouff, Chief, Bridge Section,
Eleventh Coast Guard District,
telephone (510) 437–3516.
SUPPLEMENTARY INFORMATION: California
Department of Transportation
(CalTrans) requested a temporary
change to the operation of the Tower
Drawbridge, mile 59.0, Sacramento
River, Sacramento, CA. The Tower
Drawbridge navigation span provides
vertical clearance of 30 feet above Mean
High Water in the closed-to-navigation
position. Presently, the draw is required
to open on signal as required by 33 CFR
117.189. CalTrans requested the
drawbridge be allowed to remain closed
to navigation from 10 p.m. on October
16, 2005 to 7 a.m. on October 20, 2005.
During this time, CalTrans will
rehabilitate the bridge deck on the
drawspan and avoid the risks associated
with trying to maintain the delicate
mechanical balance necessary for
drawspan operation. Navigation on the
waterway consists of both commercial
and recreational watercraft. The
drawspan can be operated for
emergency purposes with 4 hours’
advance notice. Vessels that can pass
through the bridge in the closed-tonavigation position may continue to do
so at any time. This deviation to
drawbridge regulating operations has
been coordinated with the waterway
users. No objections to the proposed
deviation were received.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: September 23, 2005.
Kevin J. Eldridge,
Rear Admiral, U. S. Coast Guard,
Commander, Eleventh Coast Guard District.
[FR Doc. 05–19953 Filed 10–4–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–05–020]
RIN 1625–AA09
Drawbridge Operation Regulations:
Dorchester Bay, MA
AGENCY:
E:\FR\FM\05OCR1.SGM
Coast Guard, DHS.
05OCR1
Agencies
[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Rules and Regulations]
[Pages 58057-58059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19952]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-05-061]
RIN 1625-AA09
Drawbridge Operation Regulations: Hackensack River, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern the Amtrak Portal Bridge at mile 5.0, across
the Hackensack River at Little Snake Hill, New Jersey. This final rule
allows the bridge owner to expand the two time periods in the morning
and in the afternoon, Monday through Friday, when the bridge may remain
closed to vessel traffic.
DATES: This rule is effective November 4, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-05-061) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Bridge Administrator,
First Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 29, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Hackensack River, New
Jersey, in the Federal Register (70 FR 43812). We received 30 comment
letters in response to the notice of proposed rulemaking. All 30
comment letters were in favor of the proposed rulemaking. No public
hearing was requested and none was held.
Background and Purpose
The Amtrak Portal Bridge has a vertical clearance of 23 feet at
mean high water and 28 feet at mean low water in the closed position.
The existing operating regulations are listed at 33 CFR 117.723(c).
The owner of the bridge, National Railroad Passenger Corporation
(AMTRAK), requested a change to the drawbridge operation regulations
that would expand the two time periods in the morning and afternoon,
Monday through Friday, when the bridge may remain closed to vessel
traffic.
Rail traffic during the morning and afternoon commuter periods has
increased over the past several years. Bridge openings during the two
commuter time periods have caused delays to rail traffic prompting the
bridge owner to request the expansion of the two bridge closure periods
in the morning and afternoon Monday through Friday.
The Coast Guard conducted two 90-day test deviations to help
determine if the proposed drawbridge operation schedule changes would
help facilitate
[[Page 58058]]
better rail traffic movement and not cause undue delays to vessel
traffic.
On February 26, 2004, the Coast Guard published a temporary 90-day
deviation, with request for comment, (69 FR 8817) to test changes to
the drawbridge operation regulations for the Amtrak Portal Bridge
identical to those proposed in this final rule. That temporary
deviation was in effect from March 1, 2004, through May 29, 2004. We
received nine comment letters in response to the temporary deviation.
All the comment letters were in favor of making the tested drawbridge
operation schedule a permanent rule change.
On November 23, 2004, we published a second 90-day deviation (69 FR
68079) to test the same drawbridge operation schedule as above during
the winter months of the year. The second test deviation was in effect
from December 13, 2004 through March 12, 2005. We received eight
comment letters in response to our second test deviation. All eight
letters were in favor of making the proposed rule change permanent.
The existing drawbridge operation regulations allow the bridge to
remain closed to vessel traffic, Monday through Friday, from 7:20 a.m.
to 9:20 a.m. and from 4:30 p.m. to 6:50 p.m., daily.
Under this final rule the Amtrak Portal Bridge will not open for
vessel traffic, Monday through Friday, from 6 a.m. to 10 a.m. and from
4 p.m. to 8 p.m., daily. Additional bridge openings will be provided
for commercial vessels from 6 a.m. to 7:20 a.m., from 9:20 a.m. to 10
a.m., from 4 p.m. to 4:30 p.m. and from 6:50 p.m. to 8 p.m., if at
least a one-hour advance notice is given by calling the number posted
at the bridge.
Discussion of Comments and Changes
The Coast Guard received 30 comment letters in response to the
notice of proposed rulemaking. All 30 comment letters were in favor of
the rulemaking. As a result, no changes have been made to this final
rule.
Regulatory Evaluation
This 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).
This conclusion is based on the fact that the expansion of the
existing bridge closed periods were previously tested during two 90-day
temporary deviations with favorable results. We received no objections
from the marine operators that normally use this waterway during the
two deviation test periods or in response to our notice of proposed
rulemaking.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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 less than 50,000.
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 conclusion is based on the fact that the expansion of the
existing bridge closed periods were previously tested during two 90-day
temporary deviations with favorable results. We received no objections
from the marine operators that normally use this waterway during the
two deviation test periods or in response to our notice of proposed
rulemaking.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. No small
entities requested Coast Guard assistance and none was given.
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).
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).
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 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 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 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 rule will 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 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 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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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
[[Page 58059]]
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 rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this 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
environmental documentation. It has been determined that this final
rule does not significantly impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out 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(g); Department of
Homeland Security Delegation No. 0170.1; Sec. 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Section 117.723 is amended by revising paragraph (c) to read as
follows:
Sec. 117.723 Hackensack River.
* * * * *
(c) Except as provided in paragraphs (a)(1) of this section, the
draw of the Amtrak Portal Bridge, mile 5.0, at Little Snake Hill, need
not open for the passage of vessel traffic Monday through Friday,
except Federal holidays, from 6 a.m. to 10 a.m. and from 4 p.m. to 8
p.m. Additional bridge openings shall be provided for commercial
vessels from 6 a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.; 4 p.m. to 4:30
p.m. and from 6:50 p.m. to 8 p.m., if at least a one-hour advance
notice is given by calling the number posted at the bridge. At all
other times the draw shall open on signal.
* * * * *
Dated: September 25, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-19952 Filed 10-4-05; 8:45 am]
BILLING CODE 4910-15-P