Drawbridge Operation Regulation; New Jersey Intracoastal Waterway, Atlantic City, NJ, 57808-57810 [2020-20064]

Download as PDF 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]


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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