
[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Rules and Regulations]
[Pages 18181-18183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07083]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0121]
RIN 1625-AA09


Drawbridge Operation Regulation; Great Egg Harbor Bay, (Ship 
Channel and (Beach Thorofare NJICW)), Somers Point and Ocean City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the operating schedules that 
govern the opening of the S52 (Ship Channel) Bridge, mile 0.5, across 
Great Egg Harbor Bay at Somers Point, NJ and the Route 52 (Ninth 
Street) Bridge, mile 80.4, across Great Egg Harbor Bay Beach Thorofare 
NJICW at Ocean City, NJ. The existing regulations contain drawbridge 
operation schedules for the Route 52 Bridges. However, the existing 
bridges were modified in 2012 from movable bridges to fixed bridges. 
Since the bridges are no longer movable bridges, the regulations 
controlling the opening and closing of the bridges are no longer 
necessary.

DATES: This rule is effective April 1, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0121. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the in ``SEARCH'' box and click ``SEARCH.'' Click on 
Open Docket Folder on the line associated with this rulemaking. You may 
also visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jim Rousseau, Bridge Management Specialist, Coast 
Guard, telephone 757-398-6557, email James.L.Rousseau2@uscg.mil. If you 
have questions on viewing the docket, call Cheryl Collins, Program 
Manager, Docket Operations, 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code
NJICW New Jersey Intracoastal Waterway

A. Regulatory History and Information

    The Coast Guard is issuing this final 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 not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Route 52 bridges that once 
required draw operations as outlined in 33 CFR 117.753 and 33 CFR 
117.733(h) were modified from movable bridges to fixed bridges. As 
such, the bridges no longer open for the passage of vessels. Therefore, 
the regulations are no longer

[[Page 18182]]

applicable and should be removed from publication. It is unnecessary to 
publish an NPRM because this regulatory action does not purport to 
place any restrictions on mariners but rather removes restrictions that 
have no further use or value.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. The bridges have been fixed 
bridges for 2 years and this rule merely requires an administrative 
change to the Code of Federal Regulations, in order to omit a 
regulatory requirement that is no longer applicable or necessary. The 
modification has already taken place and the removal of the regulation 
will not affect mariners currently operating on this waterway. 
Therefore, a delayed effective date is unnecessary.

B. Basis and Purpose

    On September 19, 2005, a Coast Guard Bridge Permit (1-05-5) was 
issued to the New Jersey Department of Transportation (NJDOT) to 
replace the existing bascule bridges, which carries Route 52 over Great 
Egg Harbor Bay (Ship Channel) at Somers Point, NJ and over Great Egg 
Harbor Bay (Beach Thorofare NJICW) at Ocean City, NJ, with new fixed 
bridges. NJDOT completed construction for the new fixed bridges in May 
2012. The elimination of these drawbridges necessitates the removal of 
the drawbridge operation regulations in 33 CFR 117.753 and 33 CFR 
117.733(h) that contain the operating schedules pertaining to the 
former drawbridges.

C. Discussion of the Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117 without 
publishing an NPRM. The change removes the regulations governing 
movable bridges that were modified to fixed bridges. Specifically, this 
rule will remove the section of 33 CFR 117.753 that refers to the S52 
Bridge at mile 0.5 and section of 33 CFR 117.733(h), that refers to the 
Route 52 Bridge at mile 80.4, from the Code of Federal Regulations 
since they govern bridges that are no longer able to be opened.

D. Regulatory Analysis

    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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13653, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
Order 12866 or under section 1 of Executive Order 13563. The Office of 
Management and Budget has not reviewed it under those Orders. We 
reached this conclusion based on the fact that the regulations are no 
longer necessary since these bridges have been modified to fixed 
bridges.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This final rule would affect the following entities, 
some of which might be small entities: None. Due to the fact that these 
bridges have been fixed bridges for 2 years, this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

3. 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).

4. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt 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 
does not have implications for federalism.

5. 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.

6. 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 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.

7. Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminates ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

10. Indian Tribal Governments

    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.

11. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office

[[Page 18183]]

of Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the removal of regulations for bridges 
that are now fixed bridges. This rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

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.


Sec.  117.733  [Amended]

0
2. In Sec.  117.733, remove paragraph (h) and redesignate paragraphs 
(i) through (m) as paragraphs (h) through (l).


Sec.  117.753  [Removed]

0
3. Remove Sec.  117.753.

    Dated: March 19, 2014.
Steven H. Ratti,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2014-07083 Filed 3-31-14; 8:45 am]
BILLING CODE 9110-04-P


