Drawbridge Operation Regulation; New Jersey Intracoastal Waterway (NJICW), Atlantic City, NJ, 79534-79536 [2011-32735]
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79534
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
6. Amend § 704.19 by revising the
section heading to read as follows:
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§ 704.19 Disclosure of executive
compensation.
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7. Revise the introductory note in
Model Form D, Appendix A to Part 704,
to read as follows:
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Appendix A to Part 704—Capital
Prioritization and Model Forms
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Model Form D
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Note: This form is for use on and after
October 20, 2011, in the circumstances where
the corporate credit union has determined
that it will give newly issued capital priority
over older capital as described in Part I of
this Appendix.
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[FR Doc. 2011–32721 Filed 12–21–11; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0698]
RIN 1625–AA09
Drawbridge Operation Regulation; New
Jersey Intracoastal Waterway (NJICW),
Atlantic City, NJ
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the regulations that govern the
operations of two New Jersey
Department of Transportation (NJDOT)
bridges: The Route 30/Absecon
Boulevard Bridge across Beach
Thorofare, NJICW mile 67.2 and the US
40–322 (Albany Avenue) Bridge across
Inside Thorofare, NJICW mile 70.0, both
at Atlantic City, NJ. The change will
alter the dates that these bridges are
allowed to have delayed openings or
remain in the closed position to
accommodate heavy volumes of
vehicular traffic due to the annual July
4th fireworks shows and the annual Air
Show at Bader Field.
DATES: This rule is effective January 23,
2012.
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–2011–
0698 and are available online by going
jlentini on DSK4TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:24 Dec 21, 2011
Jkt 226001
to https://www.regulations.gov, inserting
USCG–2011–0698 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at 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.
Regulatory Information
On August 12, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulation; New Jersey Intracoastal
Waterway (NJICW), Atlantic City, NJ in
the Federal Register (76 FR 50161). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
Basis and Purpose
NJDOT has requested a change in the
operating regulations of the Route 30/
Absecon Boulevard Bridge across Beach
Thorofare, NJICW mile 67.2 and the US
40–322 (Albany Avenue) Bridge across
Inside Thorofare, NJICW mile 70.0, both
at Atlantic City, NJ. The two Atlantic
City July 4th fireworks shows and the
Air Show at Bader Field are annual
events held at Atlantic City and heavy
volumes of vehicular traffic transit
across both bridges to attend them. This
rule allows the above mentioned bridges
to remain in the closed position from
9:40 p.m. through 11:15 p.m. on July 4th
or on July 5th should inclement weather
prevent the fireworks event from taking
place as planned. This rule also allows
the above mentioned bridges to open
every two hours on the hour from 10
a.m. through 4 p.m. and to remain in the
closed position from 4 p.m. through 8
p.m. on the third or fourth Wednesday
of every August during the annual Air
Show at Bader Field. The exact dates of
the closures will be published locally in
the Local Notice to Mariners and
Broadcast Notice to Mariners.
The Route 30/Absecon Boulevard
Bridge is a bascule drawbridge with a
vertical clearance of 20 feet above mean
high water in the closed position and
unlimited in the open position. The
current operating schedule for the
bridge is set out in 33 CFR 117.733(e)
and was last amended in April 2009.
The operating regulation states that the
bridge shall open on signal if at least
four hours of notice has been given,
except that from April 1 through
October 31 the bridge need only open
on the hour from 7 a.m. to 11 p.m. The
US 40–322 (Albany Avenue Bridge) is a
bascule drawbridge with a vertical
clearance of 10 feet above mean high
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water in the closed position and
unlimited in the open position. The
current operating schedule for the
bridge is set out in 33 CFR 117.733(f)
and was last amended in April 2009.
The current operating regulation states
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. In addition from June 1
through September 30 the draw of the
bridge need only open on the hour and
half hour from 9 a.m. to 4 p.m. and from
6 p.m. to 9 p.m.; and from 4 p.m. to
6 p.m. the draw need not open.
Discussion of Comments and Changes
No comments were received on the
proposed rule and no changes were
made to the proposed rule.
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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order
12866. The Office of Management and
Budget has not reviewed it under that
Order.
The changes are expected to have
minimal impacts on mariners due to the
short duration that the drawbridges will
be maintained in the closed position
and have delayed openings. Both events
have been observed in past years with
little to no impact on marine traffic.
Maintaining the bridges in the closed
position for these short time periods is
also a necessary measure to facilitate
public safety that allows for the orderly
movement of vehicular traffic before,
during, and after the events.
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
E:\FR\FM\22DER1.SGM
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Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
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 action will not have a significant
impact on a substantial number of small
entities because the rule adds minimal
restrictions to the movement of
navigation and mariners who plan their
transits in accordance with the
scheduled bridge closures can minimize
delay. Vessels that can safely transit
under the bridges may do so at any time.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM (SNPRM) 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.
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.
jlentini on DSK4TPTVN1PROD with RULES
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 (adjusted for inflation) 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 cause 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
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Jkt 226001
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 does 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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79535
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 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 concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
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. In § 117.733, revise paragraph (e)
and add paragraphs (f)(3) and (4) to read
as follows:
■
§ 117.733 New Jersey Intracoastal
Waterway
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(e) The draw of the Route 30 Bridge
across Beach Thorofare, mile 67.2 at
Atlantic City, shall open on signal if at
least four hours of notice is given;
except that:
(1) From April 1 through October 31,
from 7 a.m. to 11 p.m. the draw need
only open on the hour.
(2) On July 4, the draw need not open
from 9:40 p.m. until 11:15 p.m. to
accommodate the annual July 4th
fireworks show. Should inclement
weather prevent the fireworks event
from taking place as planned, the draw
need not open from 9:40 p.m. until
11:15 p.m. on July 5th to accommodate
the annual July 4th fireworks show.
(3) On the third or fourth Wednesday
of August the draw will open every two
hours on the hour from 10 a.m. until
4 p.m. and need not open from 4 p.m.
until 8 p.m. to accommodate the annual
Air Show.
(f) * * *
(3) On July 4, the draw need not open
from 9:40 p.m. until 11:15 p.m. to
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79536
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations
accommodate the annual July 4th
fireworks show. Should inclement
weather prevent the fireworks event
from taking place as planned, the draw
need not open from 9:40 p.m. until
11:15 p.m. on July 5th to accommodate
the annual July 4th fireworks show.
(4) On the third or fourth Wednesday
of August, the draw will open every two
hours on the hour from 10 a.m. until
4 p.m. and need not open from 4 p.m.
until 8 p.m. to accommodate the annual
Air Show.
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Dated: November 24, 2011.
William D. Lee,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 2011–32735 Filed 12–21–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0489]
RIN 1625–AA87
Security Zones; Captain of the Port
Lake Michigan; Technical Amendment
Coast Guard, DHS
Final rule.
AGENCY:
ACTION:
The Coast Guard is revising
the contact information for Security
Zones in Sector Lake Michigan. This
action is necessary because the
telephone number is incorrect as well as
the frequency of VHF Channel 16. These
corrections will ensure the ability of
persons or vessels that wish to request
permission to transit these areas.
DATES: This rule is effective December
22, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0489 and are available online by going
to www.regulations.gov, inserting
USCG–2011–0489 in the ‘‘Keyword’’
box, and then clicking ‘‘search.’’ They
are also available for inspection or
copying at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
or email CWO Jon Grob, U.S. Coast
Guard Sector Lake Michigan, at (414)
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SUMMARY:
VerDate Mar<15>2010
16:24 Dec 21, 2011
Jkt 226001
747–7188 or Jon.K.Grob@uscg.mil. 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 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 notice
and comment is unnecessary. This rule
is minor and merely technical in nature
in that it simply amends a telephone
number and a radio frequency used for
contacting the Captain of the Port Lake
Michigan.
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. Good cause exists because
delaying the effective date is
unnecessary. This rule is minor and
merely technical in nature in that it
simply amends a telephone number and
a radio frequency that is used for
contacting the Captain of the Port Lake
Michigan.
Background and Purpose
The Captain of the Port Lake
Michigan has previously established a
listing of security zones in the Chicago
area. These security zones exist in 33
CFR 165.910. Persons desiring to transit
the areas of these security zones must
contact the Captain of the Port Lake
Michigan by either telephone number or
via VHF Channel 16. Currently, 33 CFR
165.910 provides an incorrect telephone
number as well as an incorrect radio
frequency for VHF Channel 16.
Discussion of Rule
The Captain of the Port Lake
Michigan is publishing this final rule to
correct the telephone number and radio
frequency currently published in 33
CFR 165.910 for the Captain of the Port
Lake Michigan. This correction is
necessary so that the public may contact
the appropriate Coast Guard office to
receive permission to transit the
security zones listed in 33 CFR 165.910.
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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.
The Coast Guard determined that this
rule is not a significant regulatory action
because it is only a correction of the
contact information in the previous rule,
not a substantive change of the
regulation.
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 will have no effect on small
entities because it is purely minor and
technical in nature in that it merely
corrects the telephone number and radio
frequency for the point of contact for the
Captain of the Port Lake Michigan.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer 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
E:\FR\FM\22DER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79534-79536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32735]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2011-0698]
RIN 1625-AA09
Drawbridge Operation Regulation; New Jersey Intracoastal Waterway
(NJICW), Atlantic City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulations that govern the
operations of two New Jersey Department of Transportation (NJDOT)
bridges: The Route 30/Absecon Boulevard Bridge across Beach Thorofare,
NJICW mile 67.2 and the US 40-322 (Albany Avenue) Bridge across Inside
Thorofare, NJICW mile 70.0, both at Atlantic City, NJ. The change will
alter the dates that these bridges are allowed to have delayed openings
or remain in the closed position to accommodate heavy volumes of
vehicular traffic due to the annual July 4th fireworks shows and the
annual Air Show at Bader Field.
DATES: This rule is effective January 23, 2012.
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-2011-0698 and are available online by
going to https://www.regulations.gov, inserting USCG-2011-0698 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at 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.
Regulatory Information
On August 12, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; New Jersey
Intracoastal Waterway (NJICW), Atlantic City, NJ in the Federal
Register (76 FR 50161). We received no comments on the proposed rule.
No public meeting was requested, and none was held.
Basis and Purpose
NJDOT has requested a change in the operating regulations of the
Route 30/Absecon Boulevard Bridge across Beach Thorofare, NJICW mile
67.2 and the US 40-322 (Albany Avenue) Bridge across Inside Thorofare,
NJICW mile 70.0, both at Atlantic City, NJ. The two Atlantic City July
4th fireworks shows and the Air Show at Bader Field are annual events
held at Atlantic City and heavy volumes of vehicular traffic transit
across both bridges to attend them. This rule allows the above
mentioned bridges to remain in the closed position from 9:40 p.m.
through 11:15 p.m. on July 4th or on July 5th should inclement weather
prevent the fireworks event from taking place as planned. This rule
also allows the above mentioned bridges to open every two hours on the
hour from 10 a.m. through 4 p.m. and to remain in the closed position
from 4 p.m. through 8 p.m. on the third or fourth Wednesday of every
August during the annual Air Show at Bader Field. The exact dates of
the closures will be published locally in the Local Notice to Mariners
and Broadcast Notice to Mariners.
The Route 30/Absecon Boulevard Bridge is a bascule drawbridge with
a vertical clearance of 20 feet above mean high water in the closed
position and unlimited in the open position. The current operating
schedule for the bridge is set out in 33 CFR 117.733(e) and was last
amended in April 2009. The operating regulation states that the bridge
shall open on signal if at least four hours of notice has been given,
except that from April 1 through October 31 the bridge need only open
on the hour from 7 a.m. to 11 p.m. The US 40-322 (Albany Avenue Bridge)
is a bascule drawbridge with a vertical clearance of 10 feet above mean
high water in the closed position and unlimited in the open position.
The current operating schedule for the bridge is set out in 33 CFR
117.733(f) and was last amended in April 2009. The current operating
regulation states 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. In addition from June 1
through September 30 the draw of the bridge need only open on the hour
and half hour from 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m.; and from
4 p.m. to 6 p.m. the draw need not open.
Discussion of Comments and Changes
No comments were received on the proposed rule and no changes were
made to the proposed rule.
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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866. The
Office of Management and Budget has not reviewed it under that Order.
The changes are expected to have minimal impacts on mariners due to
the short duration that the drawbridges will be maintained in the
closed position and have delayed openings. Both events have been
observed in past years with little to no impact on marine traffic.
Maintaining the bridges in the closed position for these short time
periods is also a necessary measure to facilitate public safety that
allows for the orderly movement of vehicular traffic before, during,
and after the events.
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
[[Page 79535]]
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 action will not have a significant impact on a substantial
number of small entities because the rule adds minimal restrictions to
the movement of navigation and mariners who plan their transits in
accordance with the scheduled bridge closures can minimize delay.
Vessels that can safely transit under the bridges may do so at any
time.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM (SNPRM) 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.
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 (adjusted for
inflation) 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 cause 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 does 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 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 concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
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
0
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.
0
2. In Sec. 117.733, revise paragraph (e) and add paragraphs (f)(3) and
(4) 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 if at least four hours of
notice is given; except that:
(1) From April 1 through October 31, from 7 a.m. to 11 p.m. the
draw need only open on the hour.
(2) On July 4, the draw need not open from 9:40 p.m. until 11:15
p.m. to accommodate the annual July 4th fireworks show. Should
inclement weather prevent the fireworks event from taking place as
planned, the draw need not open from 9:40 p.m. until 11:15 p.m. on July
5th to accommodate the annual July 4th fireworks show.
(3) On the third or fourth Wednesday of August the draw will open
every two hours on the hour from 10 a.m. until 4 p.m. and need not open
from 4 p.m. until 8 p.m. to accommodate the annual Air Show.
(f) * * *
(3) On July 4, the draw need not open from 9:40 p.m. until 11:15
p.m. to
[[Page 79536]]
accommodate the annual July 4th fireworks show. Should inclement
weather prevent the fireworks event from taking place as planned, the
draw need not open from 9:40 p.m. until 11:15 p.m. on July 5th to
accommodate the annual July 4th fireworks show.
(4) On the third or fourth Wednesday of August, the draw will open
every two hours on the hour from 10 a.m. until 4 p.m. and need not open
from 4 p.m. until 8 p.m. to accommodate the annual Air Show.
* * * * *
Dated: November 24, 2011.
William D. Lee,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2011-32735 Filed 12-21-11; 8:45 am]
BILLING CODE 9110-04-P
