Drawbridge Operation Regulation; Intracoastal Waterway (ICW), Barnegat Bay, Seaside Heights, NJ, 49622-49624 [E8-19530]
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49622
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules
yshivers on PROD1PC62 with PROPOSALS
by mail early. For additional
information on submitting comments
and the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to the federal
eRulemaking Portal at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Richard M. Brennan, Director, Office of
Interpretations and Regulatory Analysis,
Wage and Hour Division, Employment
Standards Administration, U.S.
Department of Labor, Room S–3506, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: (202) 693–0051
(this is not a toll-free number). Copies
of this notice may be obtained in
alternative formats (Large Print, Braille,
Audio Tape or Disc), upon request, by
calling (202) 693–0023 (not a toll-free
number). TTY/TDD callers may dial
toll-free (877) 889–5627 to obtain
information or request materials in
alternative formats.
Questions of interpretation and/or
enforcement of regulations issued by
this agency or referenced in this notice
may be directed to the nearest Wage and
Hour Division (WHD) District Office.
Locate the nearest office by calling our
toll-free help line at (866) 4USWAGE
((866) 487–9243) between 8 a.m. and 5
p.m. in your local time zone, or log onto
the WHD’s Web site for a nationwide
listing of Wage and Hour District and
Area Offices at: https://www.dol.gov/esa/
contacts/whd/america2.htm.
SUPPLEMENTARY INFORMATION:
I. Electronic Access and Filing
Comments
Public Participation: This notice is
available through the Federal Register
and the https://www.regulations.gov Web
site. You may also access this notice via
the WHD home page at https://
www.dol.gov/esa/whd/regulations/
FLSA2008.htm. To comment
electronically on federal rulemakings,
go to the federal eRulemaking Portal at
https://www.regulations.gov, which will
allow you to find, review, and submit
comments on federal documents that are
open for comment and published in the
Federal Register. Please identify all
comments submitted in electronic form
by the RIN docket number (1215–AB13).
Because of delays in receiving mail in
the Washington, DC, area, commenters
should transmit their comments
electronically via the federal
eRulemaking Portal at https://
www.regulations.gov, or submit them by
mail early to ensure timely receipt prior
VerDate Aug<31>2005
15:15 Aug 21, 2008
Jkt 214001
to the close of the comment period.
Submit one copy of your comments by
only one method.
II. Request for Comment
In the Federal Register of July 28,
2008 (73 FR 43654), the Department of
Labor published a notice of proposed
rulemaking requesting public comments
on proposed revisions to update existing
outdated regulatory provisions under
the FLSA and the Portal Act. The
proposed revisions are intended to
conform the regulations to FLSA
amendments passed in 1974, 1977,
1996, 1997, 1998, 1999, 2000, and 2007,
a Portal Act amendment passed in 1996,
and to several authoritative federal
appellate court rulings that have
invalidated portions of the existing
regulations. Interested parties were
requested to submit comments on or
before September 11, 2008.
The Department has received requests
to extend the period for filing public
comments from representatives of the
following organizations: American
Federation of Labor and Congress of
Industrial Organizations; National
Employment Lawyers Association;
National Employment Law Project;
International Association of Fire
Fighters; American Federation of State,
County and Municipal Employees,
AFL–CIO; and Service Employees
International Union CTW, CLC. Because
of the interest that has been expressed
in this matter, the Department has
decided to extend the period for
submitting public comments for 15
additional days, to September 26, 2008.
Signed at Washington, DC this 18th day of
August 2008.
Victoria A. Lipnic,
Assistant Secretary, Employment Standards
Administration.
Alexander J. Passantino,
Acting Administrator, Wage and Hour
Division.
[FR Doc. E8–19475 Filed 8–21–08; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0697]
RIN 1625–AA09
Drawbridge Operation Regulation;
Intracoastal Waterway (ICW), Barnegat
Bay, Seaside Heights, NJ
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00004
Fmt 4702
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ACTION:
Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to
change the drawbridge operation
regulations of the S37 Bridge, at ICW
mile 14.1, across Barnegat Bay at
Seaside Heights, NJ. This proposal
would allow the drawbridge to operate
on an advance notice basis during
specific times of the year. The proposed
change would result in more efficient
use of the bridge during months of
infrequent transit.
DATES: Comments and related material
must reach the Coast Guard on or before
October 6, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0697 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Terrance A. Knowles,
Environmental Protection Specialist,
Fifth Coast Guard District, at (757) 398–
6587. If you have questions on viewing
or submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
E:\FR\FM\22AUP1.SGM
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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules
rulemaking (USCG–2008–0697),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
yshivers on PROD1PC62 with PROPOSALS
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0697) in the
Search box, and click ‘‘Go>>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays or at
Commander (dpb), Fifth Coast Guard
District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA
233704–5004 between 8 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
VerDate Aug<31>2005
15:15 Aug 21, 2008
Jkt 214001
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The New Jersey Department of
Transportation (NJDOT) is responsible
for the operation of the S37 Bridge, at
ICW mile 14.1, across Barnegat Bay at
Seaside Heights, NJ. NJDOT requested
advance notification for vessel openings
from December 1 to March 31 from 8
a.m. to 11 p.m. for the drawbridge due
to the infrequency of requests.
In the closed-to-navigation position,
the S37 Bridge, at ICW mile 14.1, across
Barnegat Bay at Seaside Heights, has a
vertical clearance of 30 feet, above mean
high water. The existing operating
regulation for the drawbridge is set out
in 33 CFR 117.733(c), which requires
the bridge to open on signal except from
December 1 through March 31 from 11
p.m. to 8 a.m., the draw need not be
opened; from April 1 through November
30, from 11 p.m. to 8 a.m. the draw shall
open if at least four hours notice is
given; and from Memorial Day through
Labor Day from 8 a.m. to 8 p.m., the
draw need only open on the hour and
half hour.
A review of the bridge logs for 2005
to 2007 supplied by NJDOT revealed
that, from December 1 through March
31, between 8 a.m. to 11 p.m., the
drawbridge opened for vessels a total of
5, 9, and 35 times per year, respectively.
The year of 2007 was an anomaly, based
on unseasonably warm weather for the
winter months.
Due to the infrequency of requests for
vessel openings during the winter
months, NJDOT requested to change the
current operating regulations from
December 1 through March 31 of every
year from 8 a.m. to 11 p.m. by requiring
the draw span to open on signal if at
least four hours notice is given.
Discussion of Proposed Rule
The Coast Guard proposes to amend
33 CFR § 117.733(c) which governs the
S37 Bridge across Barnegat Bay, at ICW
mile 14.1, at Seaside Heights, NJ, by
revising paragraph (c)(1) to read that
from December 1 to March 31 the draw
shall open on signal if at least four
hours notice is given. The change is due
to the infrequency of requests for vessel
openings during the winter months.
Regulatory Analysis
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
PO 00000
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49623
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. We reached this
conclusion based on the fact that the
proposed changes have only a minimal
impact on maritime traffic transiting the
bridge. Mariners can plan their trips in
accordance with the scheduled bridge
openings, to minimize delays and
vessels that can pass under the bridges
without a bridge opening may do so at
all times.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule could affect the
following entities, some of which might
be small entities: The owners or
operators of vessels, unable to transit
under the bridge, needing to transit the
bridge on December 1 through March 31
from 8 a.m. until 11 p.m.
This proposed rule would not have a
significant economic impact on a
substantial number of small entities
because the rule only adds minimal
restrictions to the movement of
navigation, mariners who plan their
transits in accordance with the
scheduled bridge openings and/or by
giving timely notice can minimize delay
and vessels that can pass under the
bridges without a bridge opening may
continue to do so at all times.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Proposed Rules
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Waverly W.
Gregory, Jr., Bridge Administrator, Fifth
Coast Guard District, (757) 398–6222.
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
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 would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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.
Federalism
Energy Effects
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.
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.
Collection of Information
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule will not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
yshivers on PROD1PC62 with PROPOSALS
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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15:15 Aug 21, 2008
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Technical Standards
Frm 00006
Fmt 4702
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.1D and the Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have made a preliminary
determination that this action is not
likely to have a significant effect on the
human environment because it simply
promulgates the operating regulations or
procedures for drawbridges. See
paragraph 32(e) of Commandant
Instruction M16475.1D. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.733(c)(1) to read as
follows:
§ 117.733 New Jersey Intracoastal
Waterway.
*
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
PO 00000
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.
Sfmt 4702
*
*
*
*
(c) * * *
(1) From December 1 through March
31, the draw need only open if at least
four hours notice is given.
*
*
*
*
*
Dated: July 28, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E8–19530 Filed 8–21–08; 8:45 am]
BILLING CODE 4910–15–P
E:\FR\FM\22AUP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Proposed Rules]
[Pages 49622-49624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19530]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2008-0697]
RIN 1625-AA09
Drawbridge Operation Regulation; Intracoastal Waterway (ICW),
Barnegat Bay, Seaside Heights, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulations of the S37 Bridge, at ICW mile 14.1, across Barnegat Bay at
Seaside Heights, NJ. This proposal would allow the drawbridge to
operate on an advance notice basis during specific times of the year.
The proposed change would result in more efficient use of the bridge
during months of infrequent transit.
DATES: Comments and related material must reach the Coast Guard on or
before October 6, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0697 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Terrance A. Knowles, Environmental Protection Specialist,
Fifth Coast Guard District, at (757) 398-6587. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
[[Page 49623]]
rulemaking (USCG-2008-0697), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0697)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 233704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The New Jersey Department of Transportation (NJDOT) is responsible
for the operation of the S37 Bridge, at ICW mile 14.1, across Barnegat
Bay at Seaside Heights, NJ. NJDOT requested advance notification for
vessel openings from December 1 to March 31 from 8 a.m. to 11 p.m. for
the drawbridge due to the infrequency of requests.
In the closed-to-navigation position, the S37 Bridge, at ICW mile
14.1, across Barnegat Bay at Seaside Heights, has a vertical clearance
of 30 feet, above mean high water. The existing operating regulation
for the drawbridge is set out in 33 CFR 117.733(c), which requires the
bridge to open on signal except from December 1 through March 31 from
11 p.m. to 8 a.m., the draw need not be opened; from April 1 through
November 30, from 11 p.m. to 8 a.m. the draw shall open if at least
four hours notice is given; and from Memorial Day through Labor Day
from 8 a.m. to 8 p.m., the draw need only open on the hour and half
hour.
A review of the bridge logs for 2005 to 2007 supplied by NJDOT
revealed that, from December 1 through March 31, between 8 a.m. to 11
p.m., the drawbridge opened for vessels a total of 5, 9, and 35 times
per year, respectively. The year of 2007 was an anomaly, based on
unseasonably warm weather for the winter months.
Due to the infrequency of requests for vessel openings during the
winter months, NJDOT requested to change the current operating
regulations from December 1 through March 31 of every year from 8 a.m.
to 11 p.m. by requiring the draw span to open on signal if at least
four hours notice is given.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR Sec. 117.733(c) which
governs the S37 Bridge across Barnegat Bay, at ICW mile 14.1, at
Seaside Heights, NJ, by revising paragraph (c)(1) to read that from
December 1 to March 31 the draw shall open on signal if at least four
hours notice is given. The change is due to the infrequency of requests
for vessel openings during the winter months.
Regulatory Analysis
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. We reached
this conclusion based on the fact that the proposed changes have only a
minimal impact on maritime traffic transiting the bridge. Mariners can
plan their trips in accordance with the scheduled bridge openings, to
minimize delays and vessels that can pass under the bridges without a
bridge opening may do so at all times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule could affect the following entities, some of
which might be small entities: The owners or operators of vessels,
unable to transit under the bridge, needing to transit the bridge on
December 1 through March 31 from 8 a.m. until 11 p.m.
This proposed rule would not have a significant economic impact on
a substantial number of small entities because the rule only adds
minimal restrictions to the movement of navigation, mariners who plan
their transits in accordance with the scheduled bridge openings and/or
by giving timely notice can minimize delay and vessels that can pass
under the bridges without a bridge opening may continue to do so at all
times.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it,
[[Page 49624]]
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D and the Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges.
See paragraph 32(e) of Commandant Instruction M16475.1D. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117 Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Revise Sec. 117.733(c)(1) to read as follows:
Sec. 117.733 New Jersey Intracoastal Waterway.
* * * * *
(c) * * *
(1) From December 1 through March 31, the draw need only open if at
least four hours notice is given.
* * * * *
Dated: July 28, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E8-19530 Filed 8-21-08; 8:45 am]
BILLING CODE 4910-15-P
