Drawbridge Operation Regulation; New Jersey Intracoastal Waterway, Atlantic City, NJ, 57808-57810 [2020-20064]
Download as PDF
<![CDATA[
57808
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Proposed Rules
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
and times established in advance by a Notice
to Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6004 Class E Airspace Areas
Designated as an Extension to a Class D or
Class E Surface Area.
*
*
*
*
*
ANM WY E4 Gillette, WY [Amended]
Gillette-Campbell County Airport, WY
(Lat. 44°20′56″ N, long. 105°32′22″ W)
That airspace extending upward from the
surface within 3.4 miles each side of the
Gillette County Airport 170° bearing
extending from the 5-mile radius of GilletteCampbell County Airport to 12 miles south
of the airport.
Paragraph 6005 Class E Airspace Areas
Extending Upward from 700 feet or More
Above the Surface of the Earth.
*
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
*
*
*
*
I. Table of Abbreviations
ANM WY E5 Gillette, WY [Amended]
Gillette-Campbell County Airport, WY
(Lat. 44°20′56″ N, long. 105°32′22″ W)
That airspace extending upward from 700
feet above the surface of the earth within 4
miles each side of the 170° bearing extending
from the 5-mile radius to 14 miles south of
the airport, and that airspace 4 miles each
side of the 350° bearing extending from the
5-mile radius to 11 miles north of the airport.
Issued in Seattle, Washington, on
September 8, 2020.
Byron Chew,
Acting Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2020–20235 Filed 9–15–20; 8:45 am]
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
BILLING CODE 4910–13–P
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
DEPARTMENT OF HOMELAND
SECURITY
§ 71.1
[Amended]
Coast Guard
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
■
Paragraph 5000
Class D Airspace.
*
*
*
*
33 CFR Part 117
[Docket No. USCG–2020–0334]
RIN 1625–AA09
Drawbridge Operation Regulation; New
Jersey Intracoastal Waterway, Atlantic
City, NJ
*
ANM WY D Gillette, WY [Remove]
Gillette-Campbell County Airport, WY
(Lat. 44°20′56″ N, long. 105°32′22″ W)
Paragraph 6002. Class E Airspace Designated
as Surface Areas.
jbell on DSKJLSW7X2PROD with PROPOSALS
*
*
*
*
*
ANM WY E2 Gillette, WY [Amended]
Gillette-Campbell County Airport, WY
(Lat. 44°20′56″ N, long. 105°32′22″ W)
That airspace extending upward from the
surface to and including 6,900 feet MSL
within a 5-mile radius of the GilletteCampbell County Airport. This Class E
airspace is effective during the specific dates
VerDate Sep<11>2014
17:51 Sep 15, 2020
Jkt 250001
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
temporarily modify the operating
schedule that governs the Route 30
(Absecon Boulevard) Bridge across the
New Jersey Intracoastal Waterway
(NJICW), Beach Thorofare, mile 67.2, at
Atlantic City, NJ. This proposed
temporary modification will allow the
drawbridge to remain in the closed-tonavigation position to accommodate
critical bridge maintenance.
SUMMARY:
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
Comments and relate material
must reach the Coast Guard on or before
October 16, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0334 using Federal e-Rulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Mr. Mickey Sanders,
Bridge Administration Branch, Fifth
District, U.S. Coast Guard, telephone
(757) 398–6587, email
Mickey.D.Sanders2@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
NJICW New Jersey Intercoastal Waterway
II. Background, Purpose and Legal
Basis
The New Jersey Department of
Transportation, who owns and operates
the Route 30 (Absecon Boulevard)
Bridge, across the NJICW, Beach
Thorofare, at mile 67.2, in Atlantic City,
NJ, has requested this modification to
allow the drawbridge to be maintained
in the closed-to-navigation position to
facilitate bridge maintenance of the
drawbridge. The Route 30 (Absecon
Boulevard) Bridge, across the NJICW,
Beach Thorofare, mile 67.2, at Atlantic
City, NJ, has a vertical clearance of 20
feet above mean high water in the
closed position and unlimited vertical
clearance above mean high water in the
open position. The current operating
schedule for the drawbridge is
published in 33 CFR 117.733 (e).
This proposed temporary final rule is
necessary to facilitate maintenance of
the drawbridge, while ensuring the
safety of those performing bridge
maintenance and vessels navigating in
the area. A work platform will reduce
the horizontal clearance of the
navigation channel to approximately 30
feet and temporary shielding will
reduce the vertical clearance of the
entire bridge to approximately 19 feet
above mean high water in the closed
position. Vessels that can safely transit
through the bridge in the closed
position with the reduced clearances
may do so, if at least thirty minutes
E:\FR\FM\16SEP1.SGM
16SEP1
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Proposed Rules
notice is given, to allow for safe
navigation. The Coast Guard is
proposing this rulemaking under
authority in 33 U.S.C. 499.
III. Discussion of Proposed Rule
Under this proposed temporary final
rule, the drawbridge will be maintained
in the closed-to-navigation position
from 8 a.m. on November 1, 2020,
through 5 p.m. on March 31, 2021; from
8 a.m. on November 1, 2021, through 5
p.m. on March 31, 2022; and from 8 a.m.
on November 1, 2022, through 5 p.m. on
March 31, 2023. At all other times the
drawbridge will operate per 33 CFR
117.733 (e). The bridge will not be able
to open for emergencies and there is no
immediate alternative route for vessels
unable to pass through the bridge in the
closed position. Vessels that can safely
transit through the bridge in the closed
position with the reduced vertical and
horizontal clearances may do so, if at
least 30 minutes notice is given, to
allow for safe navigation.
jbell on DSKJLSW7X2PROD with PROPOSALS
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the fact that the closure will
occur outside of recreational boating
season on the NJICW, and only during
specific daily hours. An average of only
40 annual bridge openings occurred for
recreational vessels and light tugs from
November 1 to March 31 from 2015
through 2017.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
VerDate Sep<11>2014
17:51 Sep 15, 2020
Jkt 250001
entities during rulemaking. 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.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. 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.).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, (Consultation and
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
57809
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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f). The Coast Guard has determined
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
E:\FR\FM\16SEP1.SGM
16SEP1
57810
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Proposed Rules
jeopardizing the safety or security of
people, places or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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;
DHS Delegation No. 0170.1.
2. Amend § 117.733 by adding
paragraph (e)(4) to read as follows:
jbell on DSKJLSW7X2PROD with PROPOSALS
■
§ 117.733 New Jersey Intracoastal
Waterway
*
*
*
*
*
(e) * * *
(4) From 8 a.m. on November 1, 2020,
through 5 p.m. on March 31, 2021; from
VerDate Sep<11>2014
17:51 Sep 15, 2020
Jkt 250001
8 a.m. on November 1, 2021, through 5
p.m. on March 31, 2022; and from 8 a.m.
on November 1, 2022, through 5 p.m. on
March 31, 2023, the drawbridge will be
maintained in the closed-to-navigation
position. A work platform will reduce
the horizontal clearance of the
navigation channel to approximately 30
feet and temporary shielding will
reduce the vertical clearance of the
entire bridge to approximately 19 feet
above mean high water in the closed
position. Vessels that can safely transit
through the bridge in the closed
position with the reduced clearances
may do so, if at least 30 minutes notice
is given, to allow for safe navigation.
*
*
*
*
*
K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2020–20064 Filed 9–15–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0355; FRL–10014–
04–Region 3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standards Second
Maintenance Plan for the Johnstown
Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. This revision pertains to
the Commonwealth’s plan, submitted by
the Pennsylvania Department of
Environmental Protection (DEP), for
maintaining the 1997 8-hour ozone
national ambient air quality standard
(NAAQS) (referred to as the ‘‘1997
ozone NAAQS’’) in the Johnstown,
Pennsylvania area (Johnstown Area).
This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before October 16, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2020–0355 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
SUMMARY:
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Ramesh Mahadevan, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2237. Mr. Mahadevan can also be
reached via electronic mail at
mahadevan.ramesh@epa.gov.
SUPPLEMENTARY INFORMATION: On
February 27, 2020, DEP submitted a
revision to the Pennsylvania SIP to
incorporate a plan for maintaining the
1997 ozone NAAQS in the Johnstown
Area through August 1, 2027, in
accordance with CAA section 175A.
I. Background
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), averaged over
a 1-hour period. 44 FR 8202 (February
8, 1979). On July 18, 1997 (62 FR
38856),1 EPA revised the primary and
secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient
air at 0.08 ppm, averaged over an 8-hour
period. EPA set the 1997 ozone NAAQS
based on scientific evidence
demonstrating that ozone causes
adverse health effects at lower
1 In March 2008, EPA completed another review
of the primary and secondary ozone standards and
tightened them further by lowering the level for
both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a
review of the primary and secondary ozone
standards and tightened them by lowering the level
for both to 0.70 ppm. 80 FR 65292 (October 26,
2015).
E:\FR\FM\16SEP1.SGM
16SEP1
]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Proposed Rules]
[Pages 57808-57810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20064]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0334]
RIN 1625-AA09
Drawbridge Operation Regulation; New Jersey Intracoastal
Waterway, Atlantic City, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Route 30 (Absecon Boulevard) Bridge across
the New Jersey Intracoastal Waterway (NJICW), Beach Thorofare, mile
67.2, at Atlantic City, NJ. This proposed temporary modification will
allow the drawbridge to remain in the closed-to-navigation position to
accommodate critical bridge maintenance.
DATES: Comments and relate material must reach the Coast Guard on or
before October 16, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0334 using Federal e-Rulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Mickey Sanders, Bridge Administration Branch,
Fifth District, U.S. Coast Guard, telephone (757) 398-6587, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
NJICW New Jersey Intercoastal Waterway
II. Background, Purpose and Legal Basis
The New Jersey Department of Transportation, who owns and operates
the Route 30 (Absecon Boulevard) Bridge, across the NJICW, Beach
Thorofare, at mile 67.2, in Atlantic City, NJ, has requested this
modification to allow the drawbridge to be maintained in the closed-to-
navigation position to facilitate bridge maintenance of the drawbridge.
The Route 30 (Absecon Boulevard) Bridge, across the NJICW, Beach
Thorofare, mile 67.2, at Atlantic City, NJ, has a vertical clearance of
20 feet above mean high water in the closed position and unlimited
vertical clearance above mean high water in the open position. The
current operating schedule for the drawbridge is published in 33 CFR
117.733 (e).
This proposed temporary final rule is necessary to facilitate
maintenance of the drawbridge, while ensuring the safety of those
performing bridge maintenance and vessels navigating in the area. A
work platform will reduce the horizontal clearance of the navigation
channel to approximately 30 feet and temporary shielding will reduce
the vertical clearance of the entire bridge to approximately 19 feet
above mean high water in the closed position. Vessels that can safely
transit through the bridge in the closed position with the reduced
clearances may do so, if at least thirty minutes
[[Page 57809]]
notice is given, to allow for safe navigation. The Coast Guard is
proposing this rulemaking under authority in 33 U.S.C. 499.
III. Discussion of Proposed Rule
Under this proposed temporary final rule, the drawbridge will be
maintained in the closed-to-navigation position from 8 a.m. on November
1, 2020, through 5 p.m. on March 31, 2021; from 8 a.m. on November 1,
2021, through 5 p.m. on March 31, 2022; and from 8 a.m. on November 1,
2022, through 5 p.m. on March 31, 2023. At all other times the
drawbridge will operate per 33 CFR 117.733 (e). The bridge will not be
able to open for emergencies and there is no immediate alternative
route for vessels unable to pass through the bridge in the closed
position. Vessels that can safely transit through the bridge in the
closed position with the reduced vertical and horizontal clearances may
do so, if at least 30 minutes notice is given, to allow for safe
navigation.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the fact that the
closure will occur outside of recreational boating season on the NJICW,
and only during specific daily hours. An average of only 40 annual
bridge openings occurred for recreational vessels and light tugs from
November 1 to March 31 from 2015 through 2017.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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. 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 the person listed in the FOR FURTHER INFORMATION
CONTACT, section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. 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.).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
If you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without
[[Page 57810]]
jeopardizing the safety or security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1.
0
2. Amend Sec. 117.733 by adding paragraph (e)(4) to read as follows:
Sec. 117.733 New Jersey Intracoastal Waterway
* * * * *
(e) * * *
(4) From 8 a.m. on November 1, 2020, through 5 p.m. on March 31,
2021; from 8 a.m. on November 1, 2021, through 5 p.m. on March 31,
2022; and from 8 a.m. on November 1, 2022, through 5 p.m. on March 31,
2023, the drawbridge will be maintained in the closed-to-navigation
position. A work platform will reduce the horizontal clearance of the
navigation channel to approximately 30 feet and temporary shielding
will reduce the vertical clearance of the entire bridge to
approximately 19 feet above mean high water in the closed position.
Vessels that can safely transit through the bridge in the closed
position with the reduced clearances may do so, if at least 30 minutes
notice is given, to allow for safe navigation.
* * * * *
K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2020-20064 Filed 9-15-20; 8:45 am]
BILLING CODE 9110-04-P
