Drawbridge Operation Regulation; New Jersey Intracoastal Waterway, Point Pleasant, NJ, 46966-46968 [2021-18063]

Download as PDF 46966 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations support federal, state, local, tribal, or territorial government efforts to respond to COVID–19 or other emergencies); • Individuals engaged in lawful crossborder trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada); • Individuals engaged in official government travel or diplomatic travel; • Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and • Individuals engaged in militaryrelated travel or operations. The following travel does not fall within the definition of ‘‘essential travel’’ for purposes of this Notification— • Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events). At this time, this Notification does not apply to air, freight rail, or sea travel between the United States and Canada, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Canada. These restrictions are temporary in nature and shall remain in effect until 11:59 p.m. EDT on September 21, 2021. This Notification may be amended or rescinded prior to that time, based on circumstances associated with the specific threat. In coordination with public health and medical experts, DHS continues working closely with its partners across the United States and internationally to determine how to safely and sustainably resume normal travel. The Commissioner of U.S. Customs and Border Protection (CBP) is hereby directed to prepare and distribute appropriate guidance to CBP personnel on the continued implementation of the temporary measures set forth in this Notification. The CBP Commissioner may determine that other forms of travel, such as travel in furtherance of economic stability or social order, constitute ‘‘essential travel’’ under this Notification. Further, the CBP Commissioner may, on an individualized basis and for humanitarian reasons or for other purposes in the national interest, permit the processing of travelers to the United States not engaged in ‘‘essential travel.’’ Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2021–18060 Filed 8–20–21; 8:45 am] BILLING CODE 9112–FP–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2020–0647] RIN 1625–AA09 Drawbridge Operation Regulation; New Jersey Intracoastal Waterway, Point Pleasant, NJ Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is changing the regulation that governs the Route 88 (Veterans Memorial) Bridge and Route 13 (Lovelandtown) Bridge across the NJICW at Point Pleasant Canal, mile 3.0 and 3.9, respectively at Point Pleasant, NJ. The final rule allows the drawbridges to be maintained in the closed position overnight. DATES: The rule is effective September 22, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2020– 0647. 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 proposed rule, call or email Mr. Mickey Sanders, Bridge Administration Branch, Fifth SUMMARY: 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 Intracoastal Waterway II. Background, Purpose and Legal Basis On March 26, 2021, we published a noticed of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulation; New Jersey Intracoastal Waterway, Point Pleasant, NJ in the Federal Register (86 FR 16153). We received no comments on this rule. The Route 88 (Veterans Memorial) Bridge across the NJICW at Point Pleasant Canal, mile 3.0, at Point Pleasant, NJ, has a vertical clearance of 10 feet above mean high water in the closed-tonavigation position. The bridge currently operates under 33 CFR 117.5. The Route 13 (Lovelandtown) Bridge across the NJICW at Point Pleasant Canal, mile 3.9, at Point Pleasant, NJ, has a vertical clearance of 30 feet above mean high water in the closed-tonavigation position. The bridge currently operates under 33 CFR 117.5. The Point Pleasant Canal is used predominately by recreational vessels and pleasure craft. The three-year average number of bridge openings, maximum number of bridge openings, and bridge openings between 11 p.m. to 7 a.m., by month and overall for August 2017, through August 2020, as drawn from the data contained in the bridge tender logs, is presented below. There is a monthly average of two bridge openings for each bridge, from 11 p.m. to 7 a.m., from August 2017 to August 2020. Average openings Month jbell on DSKJLSW7X2PROD with RULES District, U.S. Coast Guard, telephone (757) 398–6587, email Mickey.D.Sanders2@uscg.mil. SUPPLEMENTARY INFORMATION: January ............................................................................................................................................ February ........................................................................................................................................... March ............................................................................................................................................... April .................................................................................................................................................. May .................................................................................................................................................. June ................................................................................................................................................. July ................................................................................................................................................... August .............................................................................................................................................. September ....................................................................................................................................... October ............................................................................................................................................ November ........................................................................................................................................ December ........................................................................................................................................ VerDate Sep<11>2014 16:11 Aug 20, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 4 2 7 24 51 74 125 101 63 51 29 16 23AUR1 Maximum openings 14 7 21 72 154 223 376 407 190 155 89 49 Average openings 11 p.m.–7 a.m. 0 0 0 2 6 18 20 20 8 6 7 1 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations III. Discussion of Final Rule The bridge owner requested to modify the operating regulation for the bridges, due to the limited number of requested openings of the bridges from 11 p.m. to 7 a.m., over a period of approximately three years. The data presented in the table above demonstrates that the requested modification may be implemented with de minimis impact to navigation. The modification will allow the drawbridges to be maintained in the closed position from 11:01 p.m. to 6:59 a.m. and shall open on signal, if at least four hours advance notice is given. IV. Regulatory Analyses We developed this 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. jbell on DSKJLSW7X2PROD with RULES 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 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. 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. This regulatory action determination is based on the fact that an average of only two bridge openings occurred per month from 11 p.m. to 7 a.m., from August 2017 through August 2020. 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 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 bridges VerDate Sep<11>2014 16:11 Aug 20, 2021 Jkt 253001 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. 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 rule or any policy or action of the Coast Guard. C. Collection of Information This 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 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 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. 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 00015 Fmt 4700 Sfmt 4700 46967 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. 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. 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; DHS Delegation No. 0170.1. 2. Revise § 117.733 as follows: a. Remove paragraphs (i) and (k); ■ b. Redesignate paragraph (j) as paragraph (k); ■ c. Redesignate paragraphs (b) through (h) as (d) through (i), and; ■ d. Add new paragraphs (b) and (c). The additions read as follows: ■ ■ § 117.733 New Jersey Intracoastal Waterway. * * * * * (b) The draw of the Route 88 Bridge, mile 3.0, across Point Pleasant Canal at Point Pleasant, shall operate as follows: (1) From 7 a.m. to 11 p.m. the draw shall open on signal. E:\FR\FM\23AUR1.SGM 23AUR1 46968 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations (2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if at least four hours advance notice is given. (c) The draw of the Route 13 Bridge, mile 3.9, across Point Pleasant Canal at Point Pleasant, shall operate as follows: (1) From 7 a.m. to 11 p.m. the draw shall open on signal. (2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if at least four hours advance notice is given. * * * * * Dated: August 9, 2021. L.M. Dickey, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2021–18063 Filed 8–20–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2021–0338] RIN 1625–AA00 Safety Zone; Barge Big Digger and Tugs Kimberly Anne and Andrew J Operating in the Straits of Mackinac, MI Coast Guard, DHS. Temporary interim rule with request for comment. AGENCY: ACTION: This rule amends an earlier safety zone titled ‘‘Safety Zone; Tugs Kimberly Anne and Westwind and Barge Big Digger Operating in the Straits of Mackinac, MI’’ issued on May 26, 2021, because one of the tug vessels named in the earlier rule has changed. The size, duration, and purpose of the safety zone remains the same. This rule continues to restrict entry into a 500yard radius around two tugs and a barge engaged in pipeline-related work in the Straits of Mackinac. The safety zone is needed to protect personnel, vessels, and the marine environment from the potential hazards created by the work, inspection, diving, and surveying of pipelines in the Straits of Mackinac. DATES: This interim rule is effective without actual notice from August 23, 2021 through October 15, 2021. Comments and related material must be received by the Coast Guard on or before September 22, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0338 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:11 Aug 20, 2021 Jkt 253001 Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Deaven Palenzuela, Sector Sault Sainte Marie Waterways Management Division, U.S. Coast Guard at (906) 635–3223 or email ssmprevention@uscg.mil. SUPPLEMENTARY INFORMATION: I. Abbreviations DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On May 26, 2021, the Coast Guard published a temporary interim rule, at 86 FR 28268, that established a temporary safety zone around the tug vessels KIMBERLY ANNE and WESTWIND, as well as barge BIG DIGGER. This safety zone is needed to protect personnel, vessels, and the marine environment from the potential hazards created by the work, inspection, diving, and surveying of pipelines in the Straits of Mackinac. In July 2021, the construction company notified the Coast Guard that it needed to switch out the tug vessel WESTWIND for the tug vessel ANDREW J. This interim rule amends the existing safety zone to remove the name of the tug vessel WESTWIND and replace it with the name of the tug ANDREW J. The Coast Guard is issuing this temporary interim rule without undergoing notice and comment procedures pursuant to 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 public notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and unnecessary. The pipeline work is ongoing and the barge is on site, and the unexpected switch of attending tug vessel did not allow time for meaningful public comment before making the change. Moreover, the change to the specific tug vessel attending the barge BIG DIGGER does not change the scope, timing, or other PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 details of the ongoing work, and is therefore of little interest to the public. Because this safety zone will be in place until October 15, however, there is time to provide a 30-day public comment period after the effective date of this rule. The Coast Guard will consider all public comments received, and may change the rule in response to comments if doing so is appropriate. 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. For the same reasons discussed above, delaying the effective date of this rule would be impracticable and unnecessary. The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Sault Sainte Marie (COTP) has determined that potential hazards created by the work, inspection, diving, and surveying of underwater infrastructure in the Straits of Mackinac that started June 1, 2021, will be a safety concern for anyone within a 500-yard radius of the tugs and barge. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the operation is conducted. III. Discussion of the Rule This rule revises an existing safety zone that is anticipated to continue until October 15, 2021. The safety zone continues to cover all navigable waters within 500 yards of the barge BIG DIGGER and its attending tugs, which are being used to work, inspect, dive, and survey pipelines in the Straits of Mackinac. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the operation is conducted. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The only change this rule makes to the existing safety zone is a change to the specific tug named. 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 protesters. 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 E:\FR\FM\23AUR1.SGM 23AUR1

Agencies

[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46966-46968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18063]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0647]
RIN 1625-AA09


Drawbridge Operation Regulation; New Jersey Intracoastal 
Waterway, Point Pleasant, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is changing the regulation that governs the 
Route 88 (Veterans Memorial) Bridge and Route 13 (Lovelandtown) Bridge 
across the NJICW at Point Pleasant Canal, mile 3.0 and 3.9, 
respectively at Point Pleasant, NJ. The final rule allows the 
drawbridges to be maintained in the closed position overnight.

DATES: The rule is effective September 22, 2021.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0647. 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 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 Intracoastal Waterway

II. Background, Purpose and Legal Basis

    On March 26, 2021, we published a noticed of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; New Jersey 
Intracoastal Waterway, Point Pleasant, NJ in the Federal Register (86 
FR 16153). We received no comments on this rule. The Route 88 (Veterans 
Memorial) Bridge across the NJICW at Point Pleasant Canal, mile 3.0, at 
Point Pleasant, NJ, has a vertical clearance of 10 feet above mean high 
water in the closed-to-navigation position. The bridge currently 
operates under 33 CFR 117.5.
    The Route 13 (Lovelandtown) Bridge across the NJICW at Point 
Pleasant Canal, mile 3.9, at Point Pleasant, NJ, has a vertical 
clearance of 30 feet above mean high water in the closed-to-navigation 
position. The bridge currently operates under 33 CFR 117.5.
    The Point Pleasant Canal is used predominately by recreational 
vessels and pleasure craft. The three-year average number of bridge 
openings, maximum number of bridge openings, and bridge openings 
between 11 p.m. to 7 a.m., by month and overall for August 2017, 
through August 2020, as drawn from the data contained in the bridge 
tender logs, is presented below. There is a monthly average of two 
bridge openings for each bridge, from 11 p.m. to 7 a.m., from August 
2017 to August 2020.

------------------------------------------------------------------------
                                                             Average
            Month               Average      Maximum      openings  11
                                openings     openings      p.m.-7 a.m.
------------------------------------------------------------------------
January.....................            4           14                 0
February....................            2            7                 0
March.......................            7           21                 0
April.......................           24           72                 2
May.........................           51          154                 6
June........................           74          223                18
July........................          125          376                20
August......................          101          407                20
September...................           63          190                 8
October.....................           51          155                 6
November....................           29           89                 7
December....................           16           49                 1
------------------------------------------------------------------------


[[Page 46967]]

III. Discussion of Final Rule

    The bridge owner requested to modify the operating regulation for 
the bridges, due to the limited number of requested openings of the 
bridges from 11 p.m. to 7 a.m., over a period of approximately three 
years. The data presented in the table above demonstrates that the 
requested modification may be implemented with de minimis impact to 
navigation. The modification will allow the drawbridges to be 
maintained in the closed position from 11:01 p.m. to 6:59 a.m. and 
shall open on signal, if at least four hours advance notice is given.

IV. Regulatory Analyses

    We developed this 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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. This regulatory action determination is based on the fact that 
an average of only two bridge openings occurred per month from 11 p.m. 
to 7 a.m., from August 2017 through August 2020.

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 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 
bridges 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.
    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 rule or any policy or action of the 
Coast Guard.

C. Collection of Information

    This 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 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 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.

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. 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.

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; DHS Delegation No. 
0170.1.


0
2. Revise Sec.  117.733 as follows:
0
a. Remove paragraphs (i) and (k);
0
b. Redesignate paragraph (j) as paragraph (k);
0
c. Redesignate paragraphs (b) through (h) as (d) through (i), and;
0
d. Add new paragraphs (b) and (c).
    The additions read as follows:


Sec.  117.733   New Jersey Intracoastal Waterway.

* * * * *
    (b) The draw of the Route 88 Bridge, mile 3.0, across Point 
Pleasant Canal at Point Pleasant, shall operate as follows:
    (1) From 7 a.m. to 11 p.m. the draw shall open on signal.

[[Page 46968]]

    (2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if 
at least four hours advance notice is given.
    (c) The draw of the Route 13 Bridge, mile 3.9, across Point 
Pleasant Canal at Point Pleasant, shall operate as follows:
    (1) From 7 a.m. to 11 p.m. the draw shall open on signal.
    (2) From 11:01 p.m. to 6:59 a.m. the draw shall open on signal, if 
at least four hours advance notice is given.
* * * * *

    Dated: August 9, 2021.
L.M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-18063 Filed 8-20-21; 8:45 am]
BILLING CODE 9110-04-P