

[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Proposed Rules]               
[Page 57904-57907]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc07-26]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-07-093]
RIN 1625-AA09

 
Drawbridge Operation Regulations; Corson Inlet, New Jersey 
Intracoastal Waterway (NJICW), Townsend Inlet, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operation 
regulations of four Cape May County Bridge Commission (the Commission) 
bridges: The Corson Inlet Bridge, at mile 0.9, at Strathmere; the Stone 
Harbor Boulevard Bridge, at NJICW mile 102.0, across Great Channel at 
Stone Harbor; the Two-Mile Bridge, at NJICW mile 112.2, across Middle 
Thorofare in Wildwood Crest; and the Townsend Inlet Bridge, at mile 0.3 
in Avalon, NJ. This proposal would allow the drawbridges to operate on 
an advance notice basis on particular dates at particular times during 
holidays in December of every year. This proposal would allow the draw 
tenders to spend the holiday with their families while still providing 
for the reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before November 26, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard 
District maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at 
Commander (dpb), Fifth Coast Guard District between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking CGD05-07-
093, indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches,

[[Page 57905]]

suitable for copying. If you would like a return receipt, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all submittals received during the comment period. We may 
change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander (dpb), Fifth Coast Guard 
District at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The owner of the drawbridges, the Cape May County Bridge Commission 
(the Commission), requested changes to the operating regulations for 
the four drawbridges to allow them to operate on an advance notice 
basis at different times on Christmas Eve, Christmas Day and the day 
after Christmas of every year.
    Over the years, the Commission had difficulty during the Christmas 
holiday in staffing their drawbridges: The Corson Inlet Bridge, at mile 
0.9, at Strathmere; the Stone Harbor Boulevard Bridge, at NJICW mile 
102.0, across Great Channel at Stone Harbor; the Two-Mile Bridge at 
NJICW mile 112.2, across Middle Thorofare in Wildwood Crest; and the 
Townsend Inlet Bridge, at mile 0.3 in Avalon.
    In the past six years, the Commission has received written 
authorization from the Coast Guard that allowed the drawbridges to 
operate on a two-hour advance notice for vessel openings at designated 
times on Christmas Eve, Christmas Day and the day after Christmas that 
allowed the draw tenders to spend the holiday with their families while 
still providing for the reasonable needs of navigation.
    A review of the bridge logs supplied by the Commission for the 
affected drawbridges reveals that they have not received any requests 
nor performed any bridge openings on Christmas Eve, Christmas Day or 
the day after Christmas for at least the previous nine years.
    The Cape May County Bridge Commission Department of Public Works 
currently maintains a 24-hour telephone at (609) 368-4591 to request 
bridge openings. Qualified personnel will be on-call and ready for 
dispatch with two-hour advance notice for the following drawbridges:

Corson Inlet

    The Corson Inlet Bridge, mile 0.9, at Strathmere has a vertical 
clearance of 15 feet above mean high water (MHW) and 18 feet above mean 
low water (MLW) in the closed position to vessels. The existing 
operating regulations are set out in 33 CFR 117.714. The Commission 
requested to change the current operating regulations by requiring the 
draw span to open on signal if at least two hours notice is given from 
12:01 a.m. on December 25 until and including 6 a.m. on December 26 of 
every year.

New Jersey Intracoastal Waterway

    The Stone Harbor Boulevard Bridge, at NJICW mile 102.0, across 
Great Channel at Stone Harbor has a vertical clearance of 15 feet above 
MHW and 11 feet above MLW in the closed position to vessels. The 
existing operating regulations are set out in 33 CFR 117.733(i). The 
Commission requested to change the current operating regulations by 
requiring the draw span to open on signal if at least two hours notice 
is given from 10 p.m. on December 24 until and including 6 a.m. on 
December 26 of every year.
    The Two-Mile Bridge, at NJICW mile 112.2, across Middle Thorofare 
in Wildwood Crest has a vertical clearance of 23 feet above MHW and 27 
feet above MLW. The existing regulations are set out in 33 CFR 
117.733(k). The Commission requested to change the current operating 
regulations by requiring the draw span to open on signal if at least 
two hours notice is given from 10:30 p.m. on December 24 until and 
including 10:30 p.m. on December 25 of every year.

Townsend Inlet

    The Townsend Inlet Bridge, at mile 0.3, in Avalon has a vertical 
clearance of 23 feet above MHW and 26 feet above MLW in the closed 
position to vessels. The existing regulations are set out in 33 CFR 
117.757. The Commission requested to change the current operating 
regulations by requiring the draw span to open on signal if at least 
two hours notice is given from 11 p.m. on December 24 until and 
including 11 p.m. on December 25 of every year.
    The Coast Guard believes that all of the proposed changes are 
reasonable because the drawbridges would still open on Christmas Eve, 
Christmas Day, and the day after Christmas, as applicable, after the 
advance notice is given.

Discussion of Proposed Rule

Corson Inlet

    The proposed rule amends 33 CFR 117.714 by revising the operating 
regulations by extending the two-hour notice period in effect during 
the off season to include all of Christmas Day. The proposal would read 
as follows: The draw of the Corson Inlet Bridge, mile 0.9, at 
Strathmere, shall open on signal: Except, that from October 1 through 
May 15 from 10 p.m. to 6 a.m., and from 6 a.m. to 10 p.m. on December 
25, the draw need open only if at least two hours notice is given.

New Jersey Intracoastal Waterway

    This proposed rule amends 33 CFR 117.733 by revising paragraph (i), 
which details the operating regulations for the Stone Harbor Boulevard 
Bridge at NJICW mile 102.0, across Great Channel at Stone Harbor.
    A new paragraph will be added at Sec.  117.733(i)(3) to read that 
the draw shall open on signal from 10 p.m. on December 24 until 6 a.m. 
on December 26 if at least two hours notice is given.
    This proposed rule also amends 33 CFR 117.733 by revising paragraph 
(k), which details the operating regulations for the Two-Mile Bridge, 
at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest.
    Paragraph (k) would state that the draw shall open on signal 
except: (1) From 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March 
of every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open for vessels from 
9:15 a.m. to 10:30 a.m. on the third Sunday of March of every year; and 
(2) from 10:30 p.m. on December 24 until and including 10:30 p.m. on 
December 26, the draw need open only if at least two hours notice is 
given.

Townsend Inlet

    The proposed rule amends 33 CFR 117.757 by revising the operating 
regulations to read as follows: The draw of Townsend Inlet Bridge, mile 
0.3 in Avalon, shall open on signal except: (1) From 9:15 a.m. to 2:30 
p.m. on the fourth Sunday in March of every year, the draw need not 
open for vessels. If the fourth Sunday falls on a religious holiday, 
the draw need not open from 9:15 a.m. to 2:30 p.m. on the third Sunday 
of March of every year; and (2) from 11 p.m. on December 24 until 11 
p.m. on December 25, the draw need open only if at least two hours 
notice is given.

[[Page 57906]]

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning, and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. We reached this conclusion based 
on the fact that the proposed changes have only a minimal impact on 
maritime traffic transiting the bridge. Mariners can plan their trips 
in accordance with the scheduled bridge openings to minimize delays, 
and vessels that can pass under the bridges without a bridge opening 
may do so at all times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities because the rule only adds 
minimal restrictions to the movement of navigation, mariners who plan 
their transits in accordance with the scheduled bridge openings can 
minimize delay and vessels that can pass under the bridges without a 
bridge opening may do so at all times.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222. 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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed 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 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

[[Page 57907]]

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically excluded, under figure 2-1, (32)(e), of the 
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), an ``Environmental Analysis Check List'' or 
``Categorical Exclusion Determination'' is not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g).

    2. Revise Sec.  117.714 to read as follows:


Sec.  117.714  Corson Inlet

    The draw of the Corson Inlet Bridge, mile 0.9, at Strathmere, shall 
open on signal; except that from October 1 through May 15 from 10 p.m. 
to 6 a.m., and from 6 a.m. to 10 p.m. on December 25, the draw need 
open only if at least two hours notice is given.
    3. Section 117.733 is amended by adding a new paragraph (i)(3) and 
revising paragraph (k) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (i) * * *
    (3) From 10 p.m. on December 24 until 6 a.m. on December 26, the 
draw need open only if at least two hours notice is given.
    (k) The draw of Two-Mile Bridge, mile 112.2, across Middle 
Thorofare in Wildwood Crest, shall open on signal except:
    (1) From 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of 
every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open for vessels from 
9:15 a.m. to 10:30 a.m. on the third Sunday of March of every year.
    (2) From 10:30 p.m. on December 24 until 10:30 p.m. on December 26, 
the draw need open only if at least two hours notice is given.
* * * * *
    4. Sec.  117.757 is revised to read as follows:


Sec.  117.757  Townsend Inlet

    The draw of Townsend Inlet Bridge, mile 0.3 in Avalon, shall open 
on signal except:
    (1) From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of 
every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open from 9:15 a.m. to 
2:30 p.m. on the third Sunday of March of every year.
    (2) From 11 p.m. on December 24 until 11 p.m. on December 25, the 
draw need open only if at least two hours notice is given.

    Dated: September 28, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E7-19949 Filed 10-10-07; 8:45 am]

BILLING CODE 4910-15-P
