[Federal Register Volume 66, Number 147 (Tuesday, July 31, 2001)]
[Rules and Regulations]
[Pages 39443-39445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19042]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-01-007]
RIN 2115-AE47


Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway, Cape May Canal

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the Cape May Canal Railroad Bridge at the New Jersey 
Intracoastal Waterway (ICW), mile 115.1, across Cape May Canal, in Cape 
May, New Jersey. The final rule maintains the bridge in the open 
position, except that it would close for the crossing of trains and the 
maintenance of the bridge. The final rule will provide for the 
reasonable needs of navigation.

DATES: This final rule is effective August 30, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-01-007 and are available for inspection or 
copying at the office of the Commander (Aowb), Fifth Coast Guard 
District, 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.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, 
Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:   

Regulatory Information

    On March 30, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; New Jersey 
Intracoastal Waterway, Cape May Canal'' in the Federal Register (66 FR 
17377). We received no letters commenting on the proposed rule. No 
public hearing was requested, and none was held.

Background and Purpose

    The Cape May Canal Railroad Bridge is a swing bridge owned by New 
Jersey Transit Rail Operations (NJTRO). Under an agreement with NJTRO 
and Cape May Seashore Lines, Inc. (CSML), CSML is responsible for the 
reactivation of the rail service, maintenance of the accessories of the 
bridge and its operation of the swing span. From 1983 until June 1999, 
train service was

[[Page 39444]]

deactivated and bridge tender service discontinued. The swing span was 
placed in the full open position for vessels in accordance with 33 CFR 
117.41. Upon reactivation of bridge tender service in 1999, the draw 
was required to return to opening on signal at all times. This 
requirement is included in the general operation regulations at 33 CFR 
117.5.
    CMSL is currently providing passenger rail service on the 27-mile 
long rail lines between Tuckahoe and Cape May, New Jersey. There is no 
train service in the winter so the bridge is unmanned and placed in the 
full open position. Tourist train service is provided on weekends only 
in the spring and fall and seven days a week from mid-June until Labor 
Day. Train service starts at 10 a.m. and ends at 7:30 p.m. After train 
hours, the bridge is unmanned and placed in the full open position. 
During train service hours, the bridge is kept in the full open 
position for vessels and closes only when a train is scheduled to 
cross.
    This final rule formalizes the current operation of the bridge. The 
final rule will have less impact on navigation than the general 
operating regulations.

Discussion of Comments and Changes

    The Coast Guard received no comments on the NPRM. Since no comments 
were received and we believe the change is warranted to formalize the 
current operation of the bridge, the final 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, 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 
Transportation (DOT) (44 FR 11040, February 26, 1979).
    We expect 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.
    We reached this conclusion based on the determination that the 
final rule will provide for greater flow of vessel traffic than the 
general requirements for the use and operation of drawbridges. Under 
the general requirements, the drawbridge is required to open promptly 
upon signal. This permits the bridge to remain closed and open only 
after a proper signal. The final rule will require the bridge to remain 
in the open position, permitting vessels to pass freely. The bridge 
will close only for the train crossings and bridge maintenance. This 
final rule will provide for the reasonable needs of navigation, while 
reducing the burden on the operator.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this final 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 final 
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: The owners and operators of vessels that 
desire to transit the waterway and homeowners associations representing 
property owners upstream of the drawbridge.
    This final rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
final rule will provide for the bridge to remain in the open position, 
allowing the free flow of vessel traffic. The bridge will close only 
for the passage of trains and maintenance of the bridge. This final 
rule will provide for the reasonable needs of navigation.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the final rule so that they could better 
evaluate its effects on them and participate in the rulemaking process. 
Small businesses may send comments on the actions of Federal employees 
who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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).

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 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 final 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 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.

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, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this final 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 may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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

[[Page 39445]]

responsibilities between the Federal Government and Indian tribes.

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

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. This final rule only deals with the 
operating schedule of an existing drawbridge and will have no impact on 
the environment. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection or copying where indicated under 
ADDRESSES.

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; 49 CFR 1.46; 33 CFR 1.05-1(g); Section 
117.255 also issued under authority of Pub. L. 102587, 106 Stat. 
5039.

    2. In (Sec. 117.733 add a new paragraph (k) to read as follows:


Sec. 117.733   New Jersey Intracoastal Waterway.

* * * * *
    (k) The draw of Cape May Canal Railroad Bridge across Cape May 
Canal, mile 115.1, at Cape May shall operate as follows:
    (1) The draw shall be maintained in the open position; the draw may 
close only for the crossing of trains and maintenance of the bridge. 
When the draw is closed for a train crossing a bridge tender shall be 
present to reopen the draw after the train has cleared the bridge. When 
the draw is closed for maintenance a bridge tender shall be present to 
open the draw upon signal.
    (2) Train service generally operates as follows (please contact 
Cape May Seashore Lines for current train schedules):
    (i) Winter (generally December through March): In general, there is 
no train service, therefore the bridge is unmanned and placed in the 
full open position.
    (ii) Spring (generally April through May and Fall (generally 
September through November): Generally weekend service only: Friday 
through Sunday train service starts at 10 a.m. and ends at 7:30 p.m. 
Monday through Thursday the bridge generally unmanned and in the open 
position.
    (iii) Summer Service (generally June through August): Daily train 
service starting at 10 a.m. and ending 7:30 p.m.
    (3) When a vessel approaches the drawbridge with the draw in the 
open position, the vessel shall give the opening signal. If no 
acknowledgement is received within 30 seconds, the vessel may proceed, 
with caution, through the open draw. When the draw is open and will be 
closing promptly, the drawbridge will generally signal using sound 
signals or radio telephone.
    (4) Opening of the draw span may be delayed for ten minutes after a 
signal to open except as provide in (117.31(b). However, if a train is 
moving toward the bridge and has crossed the home signal for the bridge 
before the signal requesting opening of the bridge is given, the train 
may continue across the bridge and must clear the bridge interlocks as 
soon as possible in order to prevent unnecessary delays in the opening 
of the draw.

    Dated: July 23, 2001.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-19042 Filed 7-30-01; 8:45 am]
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