Drawbridge Operation Regulation; New Jersey Intracoastal Waterway, Atlantic City, NJ, 7649-7651 [2021-02058]
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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations
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 rule involves
establishing a 48-hour anchor time limit
in the Galveston Harbor Bolivar Roads
Anchorage area B. It is categorically
excluded from further review under
paragraph L59(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
Dated: January 22, 2021.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2021–02000 Filed 1–29–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2020–0334]
RIN 1625–AA09
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 110 as follows:
Drawbridge Operation Regulation; New
Jersey Intracoastal Waterway, Atlantic
City, NJ
AGENCY:
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
temporarily modifying 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 temporary
modification will allow the drawbridge
to remain in the closed-to-navigation
position to accommodate critical bridge
maintenance.
SUMMARY:
PART 110—GALVESTON HARBOR,
BOLIVAR ROADS CHANNEL, TEXAS
DATES:
1. The authority citation for part 110
continues to read as follows:
ADDRESSES:
■
Authority: 33 U.S.C. 471, 2071; 46 U.S.C.
70034; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 0170.1.
2. Revise § 110.197(b)(2) to read as
follows:
■
§ 110.197 Galveston Harbor, Bolivar Roads
Channel, Texas.
*
*
*
*
*
(b) * * *
(2) Except when stress of weather
makes sailing impractical or hazardous,
vessels shall not anchor in anchorage
areas (A), (B), or (C) for more than 48
hours unless expressly authorized by
the Captain of the Port HoustonGalveston. Permission to anchor for
longer periods may be obtained through
Coast Guard Vessel Traffic Service
Houston/Galveston on VHF–FM
channels 12 (156.60 MHz) or 13 (156.65
MHz).
*
*
*
*
*
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16:10 Jan 29, 2021
Jkt 253001
This temporary final rule is
effective from March 3, 2021, through 5
p.m. on March 31, 2023.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2020–0334 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
If
you have questions on this 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.
FOR FURTHER INFORMATION CONTACT:
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)
§ Section
U.S.C. United States Code
NJICW New Jersey Intercoastal Waterway
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
7649
II. Background Information and
Regulatory History
On September 16, 2020, the Coast
Guard published a notice of proposed
rulemaking entitled ‘‘Drawbridge
Operation Regulation; New Jersey
Intracoastal Waterway, Atlantic City,
NJ’’ in the Federal Register (85 FR
57808). We received one favorable
comment and one irrelevant comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. The New
Jersey Department of Transportation,
which owns and operates the Route 30
(Absecon Boulevard) Bridge, across the
NJICW Beach Thorofare, at mile 67.2, in
Atlantic City, NJ, requested the
modification to allow the drawbridge to
remain in the closed-to-navigation
position. The closure is necessary to
facilitate bridge 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.
Under the temporary final rule, the
drawbridge will remain in the closed-tonavigation position from 8 a.m. on
March 3, 2021, 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. Discussion of Comments, Changes
and the Temporary Final Rule
The Coast Guard provided a period of
30 days and two comments were
received. One was in favor of the
schedule change, and the other was
outside the scope of the proposed
regulation. No changes were made to the
regulatory text of this temporary final
rule.
V. Regulatory Analyses
The Coast Guard developed this rule
after considering numerous statues and
Executive Orders related to rulemaking.
E:\FR\FM\01FER1.SGM
01FER1
7650
Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations
Below we summarize our analyses
based on a number of these statues 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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it 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 between 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 received no comments
from the Small Business Administration
on this rule. 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.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section V.A above, this rule
will not have a significant economic
impact on any vessel owner or operator.
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 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
VerDate Sep<11>2014
16:10 Jan 29, 2021
Jkt 253001
listed in the FOR FURTHER INFORMATION
section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
CONTACT,
C. 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).
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 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 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.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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 rule
promulgates the operating regulations or
procedures for drawbridges and is
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.
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
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.733 by adding
paragraph (e)(4) to read as follows:
■
§ 117.733 New Jersey Intracoastal
Waterway.
*
*
*
*
*
(e) * * *
(4) From 8 a.m. on March 3, 2021,
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
E:\FR\FM\01FER1.SGM
01FER1
Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations
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.
*
*
*
*
*
Dated: January 13, 2021.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2021–02058 Filed 1–29–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0691]
RIN 1625–AA00
Safety Zone; Super Bowl LV;
Hillsborough Bay and River, Tampa, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
certain waters of Garrison Channel,
Seddon Channel Turning Basin, and the
Hillsborough River, in the vicinity of
downtown Tampa, Florida during the
Super Bowl LV celebrations. The safety
zone is necessary to protect the public
and Super Bowl LV event personnel
from the hazards associated with
potential vessel traffic within the area of
the safety zone. All persons and vessels
would be required to transit through the
safety zone at a steady speed and may
not slow down, stop or anchor except in
the case of unforeseen mechanical
failure or other emergency unless given
prior authorization from the Captain of
the Port. Any person or vessel forced to
slow or stop in the established zone
must immediately notify the Captain of
the Port Tampa via VHF channel 16.
DATES: This rule is effective daily from
12:01 a.m. on January 29, 2021, through
11:59 p.m. on February 7, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0691 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
SUMMARY:
VerDate Sep<11>2014
16:10 Jan 29, 2021
Jkt 253001
If
you have questions on this rule, call or
email Marine Science Technician First
Class Michael D. Shackleford, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email Michael.D.Shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 bypassing the full
notice and comment process because it
is impracticable and contrary to the
public interest to do so in this situation.
On September 22, 2020, the Maritime
Subcommittee for Super Bowl LV
notified the Coast Guard that during the
Super Bowl LV event celebrations there
will be several planned super bowlrelated events throughout the waterfront
areas of Tampa, FL. These events will
occur at various times from January 29,
2021 through February 7, 2021. These
events could lead to large gatherings of
persons and vessels in waterways
around the Tampa area. The Captain of
the Port St. Petersburg (COTP) has
determined that the potential hazards
associated with persons and vessel
congestion within the safety zone
during these events is a safety concern.
A notice of proposed rulemaking was
published to the Federal Register on
January 4, 2021, however, there remains
insufficient time to complete the full
rulemaking process.1 It is necessary for
the Coast Guard to establish this safety
zone by January 29, 2021, in order to
ensure the appropriate level of
protection exists in order to mitigate the
potential safety hazards associated with
the Super Bowl LV event celebrations.
1 See Coast Guard notice of proposed rulemaking,
‘‘Safety Zone; Super Bowl LV; Hillsborough Bay
and River, Tampa, FL’’ (86 FR 32) (this document
is available at: https://beta.regulations.gov/
document/USCG-2020-0691-0001).
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
7651
Therefore, this temporary final rule is
being published before the comment
period ends on the notice of proposed
rulemaking.
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. Delaying the effective date of
this rule for the same reasons stated in
the preceding paragraph.
III. Discussion of the Rule
This rule establishes a safety zone
from January 29, 2021, through February
7, 2021. The safety zone would cover
certain navigable waters of Garrison
Channel, Seddon Channel Turning
Basin, and the Hillsborough River, in
the vicinity of downtown Tampa,
Florida. The duration of the zone is
intended to ensure the safety of persons,
vessels, and navigable waters before,
during, and after the scheduled events.
All persons and vessels would be
required to transit through the safety
zone at a steady speed and may not slow
down, stop or anchor except in the case
of unforeseen mechanical failure or
other emergency unless given prior
authorization from the COTP. Any
person or vessel forced to slow or stop
in the established zone must
immediately notify the Captain of the
Port Tampa via VHF channel 16.
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of 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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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 size, location, scope and
duration of the safety zone. The rule
will impact only a small designated area
of Garrison Channel, Seddon Channel
Turning Basin, and the Hillsborough
E:\FR\FM\01FER1.SGM
01FER1
]]>Agencies
[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Rules and Regulations]
[Pages 7649-7651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02058]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying 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 temporary modification will allow the
drawbridge to remain in the closed-to-navigation position to
accommodate critical bridge maintenance.
DATES: This temporary final rule is effective from March 3, 2021,
through 5 p.m. on March 31, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0334 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 Information and Regulatory History
On September 16, 2020, the Coast Guard published a notice of
proposed rulemaking entitled ``Drawbridge Operation Regulation; New
Jersey Intracoastal Waterway, Atlantic City, NJ'' in the Federal
Register (85 FR 57808). We received one favorable comment and one
irrelevant comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The New Jersey Department of Transportation, which owns and operates
the Route 30 (Absecon Boulevard) Bridge, across the NJICW Beach
Thorofare, at mile 67.2, in Atlantic City, NJ, requested the
modification to allow the drawbridge to remain in the closed-to-
navigation position. The closure is necessary to facilitate bridge
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.
Under the temporary final rule, the drawbridge will remain in the
closed-to-navigation position from 8 a.m. on March 3, 2021, 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. Discussion of Comments, Changes and the Temporary Final Rule
The Coast Guard provided a period of 30 days and two comments were
received. One was in favor of the schedule change, and the other was
outside the scope of the proposed regulation. No changes were made to
the regulatory text of this temporary final rule.
V. Regulatory Analyses
The Coast Guard developed this rule after considering numerous
statues and Executive Orders related to rulemaking.
[[Page 7650]]
Below we summarize our analyses based on a number of these statues 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it 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 between 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 received no comments from the Small Business
Administration on this rule. 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. 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).
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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this 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 rule promulgates the operating
regulations or procedures for drawbridges and is 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.
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 jeopardizing the safety or
security of people, places or vessels.
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. Revise 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 March 3, 2021, 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
[[Page 7651]]
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.
* * * * *
Dated: January 13, 2021.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-02058 Filed 1-29-21; 8:45 am]
BILLING CODE 9110-04-P
