Drawbridge Operation Regulation; Intracoastal Waterway (ICW), Beach Thorofare, Atlantic City, NJ, 17082-17084 [E9-8493]

Download as PDF 17082 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations Winston-Salem, NC, Smith Reynolds, GPS RWY 33, Orig-B, CANCELLED Winston-Salem, NC, Smith Reynolds, ILS OR LOC RWY 33, Amdt 29 Winston-Salem, NC, Smith Reynolds, RNAV (GPS) RWY 15, Orig Winston-Salem, NC, Smith Reynolds, RNAV (GPS) RWY 33, Orig Lebanon, NH, Lebanon Muni, GPS RWY 25, Orig-A, CANCELLED Lebanon, NH, Lebanon Muni, RNAV (GPS) RWY 25, Orig Southampton, NY, Southampton Heliport, COPTER RNAV (GPS) 190, Orig Southampton, NY, Southampton Heliport, COPTER VOR/DME RNAV OR GPS 187, Orig, CANCELLED Zelienople, PA, Zelienople Muni, GPS RWY 17, Amdt 1, CANCELLED Zelienople, PA, Zelienople Muni, GPS RWY 35, Amdt 1, CANCELLED Zelienople, PA, Zelienople Muni, RNAV (GPS) RWY 17, Orig Zelienople, PA, Zelienople Muni, RNAV (GPS) RWY 35, Orig Moncks Corner, SC, Berkeley County, VOR/ DME–A, Orig Jackson, TN, McKellar-Sipes Rgnl, GPS RWY 2, Orig, CANCELLED Jackson, TN, McKellar-Sipes Rgnl, GPS RWY 20, Orig-A, CANCELLED Jackson, TN, McKellar-Sipes Rgnl, ILS OR LOC RWY 2, Amdt 8 Jackson, TN, McKellar-Sipes Rgnl, RNAV (GPS) RWY 2, Orig Jackson, TN, McKellar-Sipes Rgnl, RNAV (GPS) RWY 20, Orig Jackson, TN, McKellar-Sipes Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1 Nashville, TN, Nashville Intl, ILS OR LOC RWY 20R, Amdt 9 Nashville, TN, Nashville Intl, RNAV (GPS) RWY 20R, Amdt 1 Falfurrias, TX, Brooks County, GPS RWY 17, Orig-A, CANCELLED Falfurrias, TX, Brooks County, NDB RWY 35, Amdt 2 Falfurrias, TX, Brooks County, RNAV (GPS) RWY 17, Orig Falfurrias, TX, Brooks County, Takeoff Minimums and Obstacle DP, Amdt 1 Houston, TX, George Bush Intercontinental/ Houston, ILS OR LOC RWY 8L, ILS RWY 8L (CAT II), ILS RWY 8L (CAT III), Amdt 2 Houston, TX, George Bush Intercontinental/ Houston, ILS OR LOC RWY 8R, Amdt 23 Houston, TX, George Bush Intercontinental/ Houston, ILS OR LOC RWY 9, Amdt 8 Houston, TX, George Bush Intercontinental/ Houston, ILS OR LOC RWY 26L, ILS RWY 26L (CAT II), ILS RWY 26L (CAT III), Amdt 19 Houston, TX, George Bush Intercontinental/ Houston, ILS OR LOC RWY 26R, ILS RWY 26R (CAT II), ILS RWY 26R (CAT III), Amdt 2 Houston, TX, George Bush Intercontinental/ Houston, ILS OR LOC RWY 27, ILS RWY 27 (CATII), ILS RWY 27 (CAT III), Amdt 7 Houston, TX, George Bush Intercontinental/ Houston, RNAV (GPS) Z RWY 8L, Amdt 3 Houston, TX, George Bush Intercontinental/ Houston, RNAV (GPS) Z RWY 8R, Amdt 2 Houston, TX, George Bush Intercontinental/ Houston, RNAV (GPS) Z RWY 9, Amdt 3 VerDate Nov<24>2008 15:32 Apr 13, 2009 Jkt 217001 Houston, TX, George Bush Intercontinental/ Houston, RNAV (GPS) Z RWY 26L, Amdt 2 Houston, TX, George Bush Intercontinental/ Houston, RNAV (GPS) Z RWY 26R, Amdt 2 Houston, TX, George Bush Intercontinental/ Houston, RNAV (GPS) Z RWY 27, Amdt 2 Oak Harbor, WA, A J Eisenberg, RNAV (GPS) RWY 7, Amdt 2B Seattle, WA, Boeing Field/King County Intl, RNAV (RNP) Z RWY 13R, Orig-B Spokane, WA, Spokane Intl, RNAV (GPS) RWY 25, Amdt 2A Tacoma, WA, Tacoma Narrows, GPS RWY 35, Orig-A, CANCELLED Tacoma, WA, Tacoma Narrows, RNAV (GPS) RWY 35, Orig [FR Doc. E9–8345 Filed 4–13–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG–2008–0995] RIN 1625–AA09 Drawbridge Operation Regulation; Intracoastal Waterway (ICW), Beach Thorofare, Atlantic City, NJ Coast Guard, DHS. Final rule. AGENCY: SUMMARY: The Coast Guard is changing the drawbridge operation regulations of the Route 30 Bridge, at ICW mile 67.2, across Beach Thorofare at Atlantic City, NJ. This will allow the drawbridge to open on signal every hour during high transit periods during summer months and operate on an advance notice basis at all other times. The change will result in more efficient use of the bridge. DATES: This rule is effective May 14, 2009. Comments and related materials received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2008– 0995 and are available online at http://www.regulations.gov. This material is also available for inspection or copying at two locations: The 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays and the Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA ADDRESSES: PO 00000 Frm 00008 Fmt 4700 Regulatory Information On October 6, 2008, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Drawbridge Operation Regulations; Intracoastal Waterway (ICW), Beach Thorofare, Atlantic City, NJ’’ in the Federal Register (73 FR 58070). We received no comments on the published NPRM. No public meeting was requested, and none was held. Background and Purpose 33 CFR Part 117 ACTION: 23704–5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Terrance 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: Sfmt 4700 The New Jersey Department of Transportation (NJDOT) is responsible for the operation of the Route 30 Bridge, at ICW mile 67.2, across Beach Thorofare at Atlantic City, NJ. In the closed-to-navigation position, the Route 30 Bridge has a vertical clearance of 20 feet, above mean high water. The existing operating regulation is set out in 33 CFR § 117.733(e) which requires the draw to open on signal except that, year-round from 11 p.m. to 7 a.m. and from November 1 through March 31, from 3 p.m. to 11 p.m., the draw need only open if at least four hours’ notice is given. The NJDOT requested changes to the existing regulations for the Route 30 Bridge in an effort to provide more scheduled openings to accommodate the ever-increasing casino workforce and tourists and by limiting the number of on signal openings to minimize vehicular traffic delays and accidents that may result from backups due to more frequent vessel openings, by requiring scheduled hourly openings of draw span during the spring and summer months and to operate on an advance notice basis in the fall and winter months. A review of the bridge logs for the past three years supplied by NJDOT revealed the morning rush (7 a.m. to 9 a.m.) is averaging a total of 11 openings/ year from June through September and the evening rush (4 p.m. to 6 p.m.) is averaging a total of 15 openings/year from June through September. The average daily traffic count from 7 a.m. and 8 p.m. for the same period revealed between 700 and 3,800 vehicles. This E:\FR\FM\14APR1.SGM 14APR1 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations excess traffic causes increased bottlenecks and safety hazards. Anticipated bridge openings on the hour will help to decrease delays to the local workforce and tourists. For the past three years, during the fall and winter months, the draw span averaged 23 vessel openings per year from November 1 through March 31 between 7 a.m. and 3 p.m. Discussion of Comments and Changes The Coast Guard received no comments to the NPRM. However for clarification, we will amend 33 CFR 117.733(e) by requiring the draw of the Route 30 Bridge across Beach Thorofare, mile 67.2 at Atlantic City, shall open on signal, but only if at least four hours notice is given; except that from April 1 through October 31 from 7 a.m. to 11 p.m. the draw need only open on the hour. Regulatory Analyses We developed this 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 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 reached this conclusion based on the fact that mariners can plan their trips in accordance with the scheduled bridge openings. Mariners may be delayed due to the scheduled openings, but overall, the scheduled bridge openings will allow mariners to minimize delays while lessening impacts on traffic. Vessels that can pass under the bridge 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 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 rule will not have VerDate Nov<24>2008 15:32 Apr 13, 2009 Jkt 217001 17083 a significant economic impact on a substantial number of small entities. This rule could affect the following entities, some of which might be small entities: The owners or operators of vessels needing to transit through the bridge. This action will not have a significant economic impact on a substantial number of small entities for the following reasons. Vessels that can safely transit under the bridge while the draw span is in a closed position may do so at any time. All other mariners can plan their trips in accordance with the scheduled bridge openings to minimize delays. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 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. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 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. 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.). Taking of Private Property This rule will 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 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 would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This 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 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 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 The National Technology Transfer and Advancement Act (NTTAA) (15 E:\FR\FM\14APR1.SGM 14APR1 17084 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 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 proposed rule under Department of Homeland Security Management Directive 0023.1 and Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this is one of a category of actions which, individually or cumulatively, is not likely to have a significant effect on the human environment. Therefore, this rule is categorically excluded, under section 2.B.2. Figure 2–1, paragraph 32(e), of the Instruction because it simply promulgates the operating regulations or procedures for drawbridges. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 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(e) to read as follows: ■ § 117.733 New Jersey Intracoastal Waterway. * * * * * (e) The draw of the Route 30 Bridge across Beach Thorofare, mile 67.2 at Atlantic City, shall open on signal but VerDate Nov<24>2008 15:32 Apr 13, 2009 Jkt 217001 only if at least four hours of notice is given; except that from April 1 through October 31, from 7 a.m. to 11 p.m. the draw need only open on the hour. * * * * * Dated: March 11, 2009. Fred M. Rosa, Jr., Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E9–8493 Filed 4–13–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2009–0044] RIN 1625–AA00 Safety Zone; San Diego Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a safety zone on the navigable waters of San Diego Bay in support of the Fireworks Display. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. DATES: This rule is effective from 8:30 p.m. through 9 p.m. on April 21, 2009. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–200–9– 0044 and are available online by going to www.regulations.gov, selecting the Advanced docket Search option on the right side of the screen, inserting USCG– 2009–0044 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. They are also available for inspection or copying at two locations: the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the U.S. Coast Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101 between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 rule, call Petty Officer Shane Jackson, USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619) 278–7267. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is necessary to ensure the safety of commercial and recreational vessels in the vicinity of the fireworks display on the date and times this rule will be in effect and delay would be contrary to the public interest, since immediate action is required to ensure the public’s safety. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay in the effective date of this rule would expose mariners to the dangers posed by the pyrotechnics used in the fireworks display and delay would be contrary to the public interest. Background and Purpose Fireworks & Stage FX America is sponsoring the Tyco Electronics Fireworks Display, which will include a fireworks presentation from the flight deck of the USS Midway in San Diego Bay. The safety zone will encompass the navigable waters extending out 250 feet from all points of the USS Midway. This temporary safety zone is necessary to provide for the safety of the crew, spectators, and other users and vessels of the waterway. Discussion of Rule The Coast Guard is establishing a safety zone that would be enforced from 8:30 p.m. to 9 p.m. on April 21, 2009. The limits of the safety zone will encompass the navigable waters extending out 250 feet from all points of the USS Midway located at approximately 32°42.52′ N, 117°10.35′ W. E:\FR\FM\14APR1.SGM 14APR1

Agencies

[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Pages 17082-17084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8493]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0995]
RIN 1625-AA09


Drawbridge Operation Regulation; Intracoastal Waterway (ICW), 
Beach Thorofare, Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations of the Route 30 Bridge, at ICW mile 67.2, across Beach 
Thorofare at Atlantic City, NJ. This will allow the drawbridge to open 
on signal every hour during high transit periods during summer months 
and operate on an advance notice basis at all other times. The change 
will result in more efficient use of the bridge.

DATES: This rule is effective May 14, 2009.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2008-0995 and are available online at 
http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: The 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, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays and the Commander (dpb), Fifth Coast Guard District, Federal 
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Terrance 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:

Regulatory Information

    On October 6, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Intracoastal 
Waterway (ICW), Beach Thorofare, Atlantic City, NJ'' in the Federal 
Register (73 FR 58070). We received no comments on the published NPRM. 
No public meeting was requested, and none was held.

Background and Purpose

    The New Jersey Department of Transportation (NJDOT) is responsible 
for the operation of the Route 30 Bridge, at ICW mile 67.2, across 
Beach Thorofare at Atlantic City, NJ. In the closed-to-navigation 
position, the Route 30 Bridge has a vertical clearance of 20 feet, 
above mean high water.
    The existing operating regulation is set out in 33 CFR Sec.  
117.733(e) which requires the draw to open on signal except that, year-
round from 11 p.m. to 7 a.m. and from November 1 through March 31, from 
3 p.m. to 11 p.m., the draw need only open if at least four hours' 
notice is given.
    The NJDOT requested changes to the existing regulations for the 
Route 30 Bridge in an effort to provide more scheduled openings to 
accommodate the ever-increasing casino workforce and tourists and by 
limiting the number of on signal openings to minimize vehicular traffic 
delays and accidents that may result from backups due to more frequent 
vessel openings, by requiring scheduled hourly openings of draw span 
during the spring and summer months and to operate on an advance notice 
basis in the fall and winter months.
    A review of the bridge logs for the past three years supplied by 
NJDOT revealed the morning rush (7 a.m. to 9 a.m.) is averaging a total 
of 11 openings/year from June through September and the evening rush (4 
p.m. to 6 p.m.) is averaging a total of 15 openings/year from June 
through September. The average daily traffic count from 7 a.m. and 8 
p.m. for the same period revealed between 700 and 3,800 vehicles. This

[[Page 17083]]

excess traffic causes increased bottle-necks and safety hazards. 
Anticipated bridge openings on the hour will help to decrease delays to 
the local workforce and tourists.
    For the past three years, during the fall and winter months, the 
draw span averaged 23 vessel openings per year from November 1 through 
March 31 between 7 a.m. and 3 p.m.

Discussion of Comments and Changes

    The Coast Guard received no comments to the NPRM. However for 
clarification, we will amend 33 CFR 117.733(e) by requiring the draw of 
the Route 30 Bridge across Beach Thorofare, mile 67.2 at Atlantic City, 
shall open on signal, but only if at least four hours notice is given; 
except that from April 1 through October 31 from 7 a.m. to 11 p.m. the 
draw need only open on the hour.

Regulatory Analyses

    We developed this 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 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 reached this conclusion based on the 
fact that mariners can plan their trips in accordance with the 
scheduled bridge openings. Mariners may be delayed due to the scheduled 
openings, but overall, the scheduled bridge openings will allow 
mariners to minimize delays while lessening impacts on traffic. Vessels 
that can pass under the bridge 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 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule could affect the following entities, some of which might 
be small entities: The owners or operators of vessels needing to 
transit through the bridge.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessels 
that can safely transit under the bridge while the draw span is in a 
closed position may do so at any time. All other mariners can plan 
their trips in accordance with the scheduled bridge openings to 
minimize delays.

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. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

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 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 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 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 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This 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

[[Page 17084]]

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 proposed rule under Department of Homeland 
Security Management Directive 0023.1 and Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this is one of a category of 
actions which, individually or cumulatively, is not likely to have a 
significant effect on the human environment. Therefore, this rule is 
categorically excluded, under section 2.B.2. Figure 2-1, paragraph 
32(e), of the Instruction because it simply promulgates the operating 
regulations or procedures for drawbridges.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.


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For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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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.


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2. Revise Sec.  117.733(e) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (e) The draw of the Route 30 Bridge across Beach Thorofare, mile 
67.2 at Atlantic City, shall open on signal but only if at least four 
hours of notice is given; except that from April 1 through October 31, 
from 7 a.m. to 11 p.m. the draw need only open on the hour.
* * * * *

    Dated: March 11, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. E9-8493 Filed 4-13-09; 8:45 am]
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