[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Proposed Rules]
[Pages 67970-67971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32845]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-96-101]
RIN 2115-AE47


Drawbridge Operation Regulations; Corson Inlet, Strathmere, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Cape May County Bridge Commission, the 
Coast Guard is proposing to change the regulations that govern the 
operation of the drawbridge across Corson Inlet, mile 0.9, at 
Strathmere, New Jersey, by requiring a two hour advance notice for 
drawbridge openings from October 1 to May 15 from 10 p.m. to 6 a.m., 
seven days a week. This proposed rule is intended to help relieve the 
bridge owner of the burden of having a bridge tender constantly 
available at times when there are few or no requests for openings, 
while still providing for the reasonable needs of navigation.

DATES: Comments must be received on or before February 24, 1997.

ADDRESSES: Comments may be mailed to Commander (Aowb), USCG Atlantic 
Area, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, or may be hand-delivered to the same address 
between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (757) 398-6222. Comments will become 
a part of this docket and will be available for inspection and copying 
at the above address.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, USCG Atlantic Area, at (757) 398-
6222.

SUPPLEMENTARY INFORMATION: 

Requests for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, comments, data, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this rulemaking (CGD05-96-101), the specific 
section of this rule to which each comment applies, and give reasons 
for each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander, USCG Atlantic Area, at the 
address listed under ADDRESSES. The request should include reasons why 
a hearing would be beneficial. If it determines that the opportunity 
for oral presentations will aid this rulemaking, the Coast Guard will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.

Background and Purpose

    The drawbridge across Corson Inlet, mile 0.9, at Strathmere, New 
Jersey, is currently required to open on request year round. The Cape 
May County Bridge Commission (Commission) has requested that the 
operating schedule for the drawbridge be amended to reduce the periods 
during which it must open the bridge on signal. In support of its 
request, the Commission contends that its records show that during the 
period from October 1 through May 15, no vessels required a drawbridge 
opening during the hours of 10 p.m. to 6 a.m.
    The Coast Guard has reviewed the Commission's bridge logs for 1992 
through 1995, copies of which are included in the docket for this 
rulemaking. According to the logs, no openings occurred between the 
hours of 10 p.m. and 6 a.m. from October 1 through May 15 in any of 
these years.
    Therefore, the Coast Guard is proposing a new regulation governing 
the operation of the drawbridge across Corson Inlet, mile 0.9, at 
Strathmere, New Jersey. The proposed rule would require the bridge to 
open on signal from May 15 through September 30 and between 6 a.m. and 
10 p.m. from October 1 through May 15. The bridge would also open 
between 10 p.m. and 6 a.m. from October 1 through May 15 if notice is 
given to the Cape May County Bridge Department two hours in advance of 
the time that the opening is requested. A sign will be posted at the 
bridge giving the Cape May County Bridge Department's 24-hour telephone 
number. The Coast Guard believes that these proposed changes will 
relieve the burden of requiring a bridgetender to be on duty during 
periods of little or no vessel traffic while not unduly restricting 
navigation.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this proposed rule to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). Because it expects the impact of this 
proposed rule to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this proposed rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this 
proposed rule is categorically excluded from further environmental 
documentation.

[[Page 67971]]

A Categorical Exclusion Determination statement has been prepared and 
placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend Part 117 of Title 33, Code of Federal Regulations to read 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. A new section, 117.714, is added 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., the draw need only open if at least two hours notice is 
given.

    Dated: December 6, 1996.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard, Commander, Atlantic Area.
[FR Doc. 96-32845 Filed 12-24-96; 8:45 am]
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