Drawbridge Operation Regulation; New Jersey Intracoastal Waterway, Point Pleasant, NJ, 46966-46968 [2021-18063]
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
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and the spouses and children of
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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
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September 21, 2021. This Notification
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coordination with public health and
medical experts, DHS continues
working closely with its partners across
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resume normal travel.
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may determine that other forms of
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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 https://
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 ........................................................................................................................................
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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
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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.
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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.
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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 https://
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
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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 https://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
