Drawbridge Operation Regulations; New Jersey Intracoastal Waterway, Manasquan River, 10433-10435 [06-1915]
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Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Rules and Regulations
the Associate Commissioner for
Disability Determinations or his or her
delegate to be deficient, the Associate
Commissioner or his or her delegate will
take appropriate action to assure that
the deficiency is corrected before a
reconsidered determination is issued.
The action taken by the Associate
Commissioner or his or her delegate will
take one of two forms:
(1) The Associate Commissioner or
his or her delegate may return the case
file either to the component responsible
for preparing the case for hearing or to
the disability hearing officer, for
appropriate further action; or
(2) The Associate Commissioner or
his or her delegate may issue a written
reconsidered determination which
corrects the deficiency.
(c) Further action on your case if it is
sent back by the Associate
Commissioner for Disability
Determinations or his or her delegate
either to the component that prepared
your case for hearing or to the disability
hearing officer. If the Associate
Commissioner for Disability
Determinations or his or her delegate
sends your case back either to the
component responsible for preparing
the case for hearing or to the disability
hearing officer for appropriate further
action, as provided in paragraph (b)(1)
of this section, any additional
proceedings in your case will be
governed by the disability hearing
procedures described in § 416.1416(f) or
if your case is returned to the disability
hearing officer and an unfavorable
determination is indicated, a
supplementary hearing may be
scheduled for you before a reconsidered
determination is reached in your case.
(d) Opportunity to comment before
the Associate Commissioner for
Disability Determinations or his or her
delegate issues a reconsidered
determination that is unfavorable to
you. If the Associate Commissioner for
Disability Determinations or his or her
delegate proposes to issue a
reconsidered determination as described
in paragraph (b)(2) of this section, and
that reconsidered determination is
unfavorable to you, he or she will send
you a copy of the proposed reconsidered
determination with an explanation of
the reasons for it, and will give you an
opportunity to submit written
comments before it is issued. At your
request, you will also be given an
opportunity to inspect the pertinent
materials in your case file, including the
reconsidered determination prepared by
the disability hearing officer, before
submitting your comments. You will be
given 10 days from the date you receive
the Associate Commissioner’s notice of
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10433
proposed action to submit your written
comments, unless additional time is
necessary to provide access to the
pertinent file materials or there is good
cause for providing more time, as
illustrated by the examples in
§ 416.1411(b). The Associate
Commissioner or his or her delegate will
consider your comments before taking
any further action on your case.
have a significant economic impact on a
substantial number of small entities.
[FR Doc. 06–1872 Filed 2–28–06; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 4191–02–P
Dated: February 21, 2006.
Linda S. Kahan,
Deputy Director, Center for Devices and
Radiological Health.
[FR Doc. 06–1871 Filed 2–28–06; 8:45 am]
BILLING CODE 4160–01–S
Coast Guard
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
33 CFR Part 117
[CGD05–05–079]
RIN 1625–AA09
21 CFR Part 866
[Docket No. 2003P–0564]
Microbiology Devices; Reclassification
of Hepatitis A Virus Serological
Assays; Correction
Drawbridge Operation Regulations;
New Jersey Intracoastal Waterway,
Manasquan River
AGENCY:
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule; correction.
SUMMARY: The Food and Drug
Administration (FDA) is correcting a
final rule that appeared in the Federal
Register of February 9, 2006 (71 FR
6677). That document reclassified
hepatitis A virus (HAV) serological
assays from class III (premarket
approval) into class II (special controls).
That document inadvertently published
with an error. This document corrects
the error.
DATES: This rule is effective March 13,
2006.
FOR FURTHER INFORMATION CONTACT:
Sally Hojvat, Center for Devices and
Radiological Health (HFZ–440), Food
and Drug Administration, 9200
Corporate Blvd., Rockville, MD 20850,
240–276–0496.
SUPPLEMENTARY INFORMATION: In FR Doc.
06–1206, appearing on page 6677 in the
Federal Register of Thursday, February
9, 2006, the following correction is
made:
1. On page 6679, beginning in the first
column, under section ‘‘VI. Analysis of
Impacts,’’ the second paragraph is
corrected to read:
The Regulatory Flexibility Act requires
agencies to analyze regulatory options that
would minimize any significant impact of a
rule on small entities. Reclassification of
HAV serological assays from class III into
class II will relieve manufacturers of the cost
of complying with the premarket approval
requirements in section 515 of the act.
Because reclassification will reduce
regulatory costs with respect to these devices,
the agency certifies that the final rule will not
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ACTION:
Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
temporarily changing the operating
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 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.
Extensive structural, mechanical, and
electrical repairs and improvements
necessitate these closures.
DATES: This temporary final rule is
effective from April 17, 2006.
ADDRESSES: The 5th 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 are part of docket CGD05–05–
079 and are available for inspection or
copying at Commander (obr), Fifth Coast
Guard District, Federal Building, 4th
Floor, 431 Crawford Street, Portsmouth,
Virginia 23703–5004, 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:
Regulatory Information
On July 20, 2005, we published a
notice of proposed rule making (NPRM)
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Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Rules and Regulations
entitled ‘‘Drawbridge Operation
Regulations; New Jersey Intracoastal
Waterway, Manasquan River’’ in the
Federal Register (FR Doc.05–14322). We
received four (4) comments on the
proposed rule. No public meeting was
requested, and none was held.
erjones on PROD1PC61 with RULES
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
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, which consist of extensive
structural rehabilitation, mechanical,
and electrical repairs and
improvements, necessitate this closure.
To facilitate repairs, the bascule span
must be closed to vessel traffic on three
four-month closure periods 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 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,
these closure dates will have minimal
impact on vessel traffic.
Discussion of Comments and Changes
The Coast Guard received four (4)
comments on the NPRM [FR Doc.05–
14322] 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 comments
were from local vessel owners and
supportive of the temporary change. The
Coast Guard will temporarily suspend
33 CFR 117.733(b) and insert this new
specific regulation at 33 CFR 117.733(l).
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14:36 Feb 28, 2006
Jkt 208001
Paragraph (l) would allow the draw to
be closed to vessel traffic during the
rehabilitation project on three fourmonth closure periods 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.
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 closure periods support minimal
impact due to the reduced number of
vessels requiring transit through the
bridge.
Discussion of Rule
The Coast Guard made a drafting error
in the NPRM [FR Doc. 05–14322].
However, this error does not affect the
intent of this temporary final rule, so a
supplemental NPRM will not be
published.
The text of the rule will be revised as
described in the next paragraph.
From 8 a.m. on November 1, 2006
until 5 p.m. March 1, 2009; in § 117.733,
suspend paragraph (b) and add a new
paragraph (l) to read as follows:
(l) The draw of the Route 35 Bridge,
mile 1.1 across Manasquan River at
Brielle, shall open on signal except as
follows:
(1) From May 15 through September
30:
(i) 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.
(ii) 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
hours.
(2) Year-round, unless provided by
(1)(3), from 11 p.m. to 8 a.m., the draw
need only open if at least four hours
notice is given.
(3) 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 in the closed position to
navigation.
Small Entities
Regulatory Evaluation
This temporary final 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 temporary final rule to be so
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Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this temporary final 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 temporary final
rule would not have a significant
economic impact on a substantial
number of small entities. The off-season
closure dates 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 (Public Law 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 temporary final rule would call
for no new collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
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Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Rules and Regulations
Federalism
A temporary final 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 temporary
final 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 temporary final 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 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 temporary final 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 temporary
final 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.
erjones on PROD1PC61 with RULES
Indian Tribal Governments
This temporary final 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
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14:36 Feb 28, 2006
Jkt 208001
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This temporary final rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this temporary
final 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 temporary final 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.
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10435
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard will amend
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
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; section 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
2. From 8 a.m. on November 1, 2006
until 5 p.m. March 1, 2009; in § 117.733,
suspend paragraph (b) an add a new
paragraph (l) to read as follows:
I
§ 117.733 New Jersey Intracoastal
Waterway.
*
*
*
*
*
(l) The draw of the Route 35 Bridge,
mile 1.1 across Manasquan River at
Brielle, shall open on signal except as
follows:
(1) From May 15 through September
30:
(i) 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.
(ii) 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
hours.
(2) Year-round, unless otherwise
provided by paragraph (l)(3) of this
section, from 11 p.m. to 8 a.m., the draw
need only open if at least four hours
notice is given.
(3) 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 in the closed position to
navigation.
Dated: February 17, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 06–1915 Filed 2–28–06; 8:45 am]
BILLING CODE 4910–15–P
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]]>Agencies
[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Rules and Regulations]
[Pages 10433-10435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1915]
=======================================================================
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the operating
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 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. Extensive structural, mechanical, and electrical repairs and
improvements necessitate these closures.
DATES: This temporary final rule is effective from April 17, 2006.
ADDRESSES: The 5th 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 are part of docket CGD05-05-079 and are available for inspection
or copying at Commander (obr), Fifth Coast Guard District, Federal
Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23703-
5004, 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:
Regulatory Information
On July 20, 2005, we published a notice of proposed rule making
(NPRM)
[[Page 10434]]
entitled ``Drawbridge Operation Regulations; New Jersey Intracoastal
Waterway, Manasquan River'' in the Federal Register (FR Doc.05-14322).
We received four (4) comments on the proposed rule. No public meeting
was requested, and none was held.
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 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, which consist
of extensive structural rehabilitation, mechanical, and electrical
repairs and improvements, necessitate this closure. To facilitate
repairs, the bascule span must be closed to vessel traffic on three
four-month closure periods 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 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, these closure
dates will have minimal impact on vessel traffic.
Discussion of Comments and Changes
The Coast Guard received four (4) comments on the NPRM [FR Doc.05-
14322] 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
comments were from local vessel owners and supportive of the temporary
change. The Coast Guard will 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
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.
Discussion of Rule
The Coast Guard made a drafting error in the NPRM [FR Doc. 05-
14322]. However, this error does not affect the intent of this
temporary final rule, so a supplemental NPRM will not be published.
The text of the rule will be revised as described in the next
paragraph.
From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2009; in
Sec. 117.733, suspend paragraph (b) and add a new paragraph (l) to
read as follows:
(l) The draw of the Route 35 Bridge, mile 1.1 across Manasquan
River at Brielle, shall open on signal except as follows:
(1) From May 15 through September 30:
(i) 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.
(ii) 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 hours.
(2) Year-round, unless provided by (1)(3), from 11 p.m. to 8 a.m.,
the draw need only open if at least four hours notice is given.
(3) 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 in the closed position to
navigation.
Regulatory Evaluation
This temporary final 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 temporary final 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 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 temporary final 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 temporary
final rule would not have a significant economic impact on a
substantial number of small entities. The off-season closure dates 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 (Public Law 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 temporary final rule would call for no new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
[[Page 10435]]
Federalism
A temporary final 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 temporary final 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 temporary final 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 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 temporary final 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 temporary final 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 temporary final rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This temporary final rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this temporary final 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 temporary final 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
0
For the reasons discussed in the preamble, the Coast Guard will amend
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; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 8 a.m. on November 1, 2006 until 5 p.m. March 1, 2009; in Sec.
117.733, suspend paragraph (b) an add a new paragraph (l) to read as
follows:
Sec. 117.733 New Jersey Intracoastal Waterway.
* * * * *
(l) The draw of the Route 35 Bridge, mile 1.1 across Manasquan
River at Brielle, shall open on signal except as follows:
(1) From May 15 through September 30:
(i) 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.
(ii) 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 hours.
(2) Year-round, unless otherwise provided by paragraph (l)(3) of
this section, from 11 p.m. to 8 a.m., the draw need only open if at
least four hours notice is given.
(3) 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 in the closed position to
navigation.
Dated: February 17, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-1915 Filed 2-28-06; 8:45 am]
BILLING CODE 4910-15-P
