[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Rules and Regulations]
[Pages 24338-24339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11563]


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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: Final rule.

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SUMMARY: At the request of the Cape May County Bridge Commission, the 
Coast Guard is changing 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 final rule will 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.

EFFECTIVE DATE: This rule is effective on June 19, 1997.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection and copying at the Office of the 
Commander (Aowb), USCG Atlantic Area, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004 between 8 a.m. and 
4:30 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (757) 398-6222.

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

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Linda 
L. Gilliam, Project Manager, Bridge Administration Section, and CDR G. 
Shelton, Project Counsel, USCG Maintenance and Logistics Command 
Atlantic Legal Division.

Regulatory History

    On December 26, 1996, the Coast Guard published a Notice of 
Proposed Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; 
Corson Inlet, Strathmere, New Jersey'' in the Federal Register (61 FR 
67970). The comment period ended February 24, 1997. No comments were 
received. No public hearing was requested, and none was held.

Background and Purpose

    The drawbridge across Corson Inlet, mile 0.9, at Strathmere, New 
Jersey, is currently required to open on signal year round. The Cape 
May County Bridge Commission (Commission) requested that the operating 
schedule for the drawbridge be amended to reduce the periods during 
which the bridge must open 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 between the 
hours of 10 p.m. to 6 a.m.
    The Coast Guard reviewed the Commission's bridge logs for 1992 
through 1995, copies of which are included in the docket of 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 changing the regulations governing 
the operation of the drawbridge across Corson Inlet, mile 0.9, at 
Strathmere, New Jersey. The final rule requires 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 will 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 at least 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 this change relieves the bridge 
owner of the burden of having a bridge tender on duty during periods of 
little or no vessel traffic while not unduly restricting navigation.

Discussion of Comments and Changes

    The Coast Guard received no comments on the NPRM. Therefore, the 
proposed rule is being implemented without change.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not

[[Page 24339]]

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 final 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

    This final rule does not restrict vessel navigation, but merely 
requires advance notice for a bridge opening during periods of limited 
vessel activity. Therefore, the Coast Guard certifies under Section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This rule 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 rule under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this final 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 rule 
and concluded that under section 2.B.2e (32)(e) of Commandant 
Instruction M16475.1B (as amended, 50 FR 38654, 29 July 1994), this 
final rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination statement has been 
prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 
part 117 of Title 33, Code of Federal Regulations 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 Sec. 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: April 22, 1997.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-11563 Filed 5-2-97; 8:45 am]
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