[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Rules and Regulations]
[Pages 61363-61365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27126]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-03-050]
RIN 1625-AA-09


Drawbridge Operation Regulations; Great Channel Between Stone 
Harbor and Nummy Island, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Fifth Coast Guard District, is temporarily 
changing the regulations governing the operation of the Cape May Bridge 
across Great Channel at mile 0.7 between Stone Harbor and Nummy Island, 
New Jersey. The bridge area will be closed to navigation beginning 8 
a.m. on October 16, 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: This temporary rule is effective from 8 a.m. on October 16, 
2003, to 11 p.m. on May 14, 2004.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD05-03-050) and are available for inspection or 
copying at the Commander (oan-b), Fifth Coast Guard District, Federal 
Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23703-
5004, between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On June 11, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Great Channel 
Between Stone Harbor and Nummy Island, New Jersey'' in the Federal 
Register (68 FR 34877). We received no comments on the proposed rule. 
No public hearing was requested nor held.

Good Cause for Making Rule Effective in Less Than 30 Days

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. A 30 day delayed effective

[[Page 61364]]

date is unnecessary because the bridge in question has not opened for 
vessel traffic in over five years, and has only opened twice in the 
last nine years. Further, there were no public comments during the 60-
day comment period, and mariners have alternative routes around this 
drawbridge during the temporary closure.

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 set out in 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.
    Agate Construction Company, on behalf of CMC, has requested a 
temporary change to the 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 will 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 drawlogs revealed only two openings were provided 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 
landlocked 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. Therefore, vessels will not be 
negatively impacted by this proposal.

Regulatory Evaluation

    The 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 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 rule will 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    The rule will 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1966 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking. In our notice of 
proposed rulemaking, we provided a point of contact to small entities 
who could answer questions concerning proposed provisions or options 
for compliance.

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 rule will not result in such 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 section 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 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 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 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

[[Page 61365]]

Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a State of Energy Effects under 
Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded 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, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation because this rule temporarily changes the 
operating regulations for a drawbridge.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. From October 16, 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 16, 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 open for the passage of vessels.

    Dated: October 16, 2003.
Ben R. Thomason III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 03-27126 Filed 10-27-03; 8:45 am]
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