[Federal Register Volume 68, Number 112 (Wednesday, June 11, 2003)]
[Proposed Rules]
[Pages 34877-34879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14799]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-03-050]
RIN 1625-AA09


Drawbridge Operating Regulation; Great Channel Between Stone 
Harbor and Nummy Island, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the regulations 
that govern the operation of the County of Cape May Bridge across Great 
Channel at mile 0.7 between Stone Harbor and Nummy Island, New Jersey. 
The bridge area would be closed to navigation beginning 8 a.m. on 
October 15, 2003, through 11 p.m. on May 14, 2004. This closure is 
necessary to facilitate extensive mechanical rehabilitation and to 
maintain the bridge's operational integrity.

DATES: Comments and related material must reach the Coast Guard on or 
before August 11, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(Oan-b), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 431 at the same address 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 398-6334. The Commander (Oan-b), 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 the above address between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Linda Bonenberger, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6227.

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 (CGD05-03-
050), 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, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material 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 the address listed 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

    Cape May County Department of Public Works (CMC) owns and operates 
the County of Cape May Bridge across Great Channel. The bridge is 
located between Stone Harbor and Nummy Island, New Jersey. The current 
regulations at 33 CFR 117.720 require the draw to open on signal except 
from May 15 through October 15 from 10 p.m. to 6 a.m., the draw need 
only open if at least four hours notice has been given. From October 16 
through May 14, the draw need only open if at least 24 hours notice has 
been given.

[[Page 34878]]

    Agate Construction Company, on behalf of CMC, has requested a 
temporary change to existing regulations for the County of Cape May 
Bridge to facilitate necessary repairs. The repairs consist of 
extensive mechanical rehabilitation of the bascule span. To facilitate 
the repairs, the bascule span would be locked in the closed position to 
vessels from 8 a.m. on October 15, 2003, through 11 p.m. on May 14, 
2004.
    The Coast Guard reviewed the bridge logs for the last 10 years. 
From October 16 to May 14, the current regulation requires the draw 
need only open if at least 24 hours notice is given. From 1993 to 2002, 
the bridge logs revealed only two openings were provided each year, 
between October 15 and May 14. The earliest and latest opening dates 
occurred May 15, 1998, and November 6, 1994, respectively. Also, the 
bridge is not land-locked on either side of Great Channel providing 
alternate vessel access to the Atlantic Ocean, to the south, and to the 
New Jersey Intracoastal Waterway, to the north. We contacted the local 
Coast Guard unit (USCG Marine Safety Office Philadelphia) of the 
bridge's temporary inability to open for vessels and they did not 
object. Therefore, vessels should not be negatively impacted by this 
proposal.

Discussion of Proposed Temporary Rule

    The Coast Guard proposes to temporarily amend 33 CFR 117.720 by 
inserting a new provision allowing the bridge to remain closed to 
navigation from 8 a.m. on October 15, 2003, to 11 p.m. on May 14, 2004. 
Upon completion of repairs, the bridge will return to the current 
operating schedule.

Regulatory Evaluation

    This proposed temporary 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 temporary rule to be 
so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary.
    This conclusion was based on the fact that the change will have a 
very limited impact on maritime traffic transiting this area. Mariners 
can plan their transits by using alternate routes to gain access to 
larger bodies of water.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed temporary 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 
temporary rule would not have a significant economic impact on a 
substantial number of small entities.
    The proposed temporary rule would not have a significant economic 
impact on a substantial number of small entities because even though 
the rule closes this small area to mariners, they will not be land-
locked at either end and will be able to plan their transits by using 
available alternate routes.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 
temporary 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 proposed temporary rule would 
economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed temporary 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.

Collection of Information

    This proposed temporary rule would call for no new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3502).

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 
temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on

[[Page 34879]]

how this proposed temporary rule might impact tribal governments, even 
if that impact may not constitute a ``tribal implication'' under the 
Order.

Energy Effects

    We have analyzed this proposed temporary 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 proposed 
temporary rule and concluded that, under figure 2-1, paragraph (32) 
(e), of Commandant Instruction M16475.1D, this rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to temporarily 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; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. From October 15, 2003, through May 14, 2004, Sec.  117.720(b) is 
temporarily suspended and a new paragraph (c) is added to read as 
follows:


Sec.  117.720  Great Channel.

* * * * *
    (c) From 8 a.m. on October 15, 2003, until 11 p.m. on May 14, 2004, 
the draw of the County of Cape May Bridge, mile 0.7, between Stone 
Harbor and Nummy Island need not be opened for the passage of vessels.

    Dated: June 3, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-14799 Filed 6-10-03; 8:45 am]
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