[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Proposed Rules]
[Pages 37022-37024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10249]



[[Page 37022]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-06-045]
RIN 1625-AA09


Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway (NJICW), Grassy Sound Channel, Great Channel, and Townsend 
Inlet, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operation 
regulations of four Cape May County Bridge Commission (CMCBC) bridges: 
the Townsend Inlet Bridge, at mile 0.3 in Avalon; the County of Cape 
May Bridge, at mile 0.7, across Great Channel between Stone Harbor and 
Nummy Island; the Ocean Drive Bridge, at mile 1.0, across Grassy Sound 
Channel in North Wildwood; and the Two-Mile Bridge, at NJICW mile 
112.2, across Middle Thorofare in Wildwood Crest, in NJ. This proposal 
will allow the bridges to remain in the closed position at particular 
dates and times to accommodate the Ocean Drive Marathon. Vessels that 
can pass under the bridges without a bridge opening may do so at all 
times.

DATES: Comments and related material must reach the Coast Guard on or 
before August 14, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 
Crawford Street, Portsmouth, VA 23704-5004. The 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 
Commander (dpb), Fifth Coast Guard District between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6629.

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, CGD05-06-
045, 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 a return 
receipt, please enclose a stamped, self-addressed postcard or envelope. 
We will consider all submittals 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 Commander (dpb), Fifth Coast Guard 
District at the address 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

    On behalf of the Ocean Drive Run Club, Inc., (Ocean Drive RC), 
CMCBC requested changes to the operating drawbridge regulations to 
accommodate the Ocean Drive Marathon. The race is an annual event 
sponsored by the Ocean Drive RC, attracting spectators and participants 
from the surrounding cities and states.
    In accordance with 33 CFR 117.37(a) for reasons of public safety or 
for public functions, the District Commander may authorize the opening 
and closing of a drawbridge for a specified period of time.
    CMCBC who owns and operates the Townsend Inlet Bridge, at mile 0.3 
in Avalon; the County of Cape May Bridge, at mile 0.7, across Great 
Channel between Stone Harbor and Nummy Island; the Grassy Sound Channel 
Bridge, at mile 1.0 in North Wildwood; and the Two-Mile Bridge, at 
NJICW mile 112.2, across Middle Thorofare in Wildwood Crest, requested 
the following drawbridge changes:

Great Channel

    The County of Cape May Bridge, at mile 0.7, across Great Channel 
between Stone Harbor and Nummy Island has a vertical clearance of 15 
feet above mean high water (MHW) and 19 feet above mean low water (MLW) 
in the closed position to vessels. The existing regulation is listed at 
33 CFR 117.720.
    The Ocean Drive Marathon is held on the fourth Sunday in March of 
every year with the third Sunday used as the alternate day, if the 
fourth Sunday falls on a religious holiday. To facilitate the race, the 
proposal will maintain the bridge in the closed-to-navigation position 
from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every 
year.

Grassy Sound Channel

    The Grassy Sound Channel Bridge, at mile 1.0 in Middle Township, 
has a vertical clearance of 15 feet above MHW and 19 feet above MLW in 
the closed position to vessels. The existing regulation is listed at 33 
CFR 117.721.
    The Ocean Drive Marathon is held on the fourth Sunday in March of 
every year with the third Sunday used as the alternate day, if the 
fourth Sunday falls on a religious holiday. To facilitate the race, the 
proposal will maintain the bridge in the closed-to-navigation position 
from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every 
year.

New Jersey Intracoastal Waterway

    The Two-Mile Bridge, at NJICW mile 112.2 at Wildwood Crest, has a 
vertical clearance of 23 feet above MHW and 27 feet above MLW in the 
closed position to vessels. The existing operating regulations are set 
out in 33 CFR 117.5 which requires the bridge to open on signal.
    The Ocean Drive Marathon is held on the fourth Sunday in March of 
every year with the third Sunday used as the alternate day, if the 
fourth Sunday falls on a religious holiday. To facilitate the race, the 
proposal will maintain the bridge in the closed-to-navigation position 
from 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of every 
year.

Townsend Inlet

    The Townsend Inlet Bridge, at mile 0.3 in Avalon, has a vertical 
clearance of 23 feet above MHW and 26 feet above MLW in the closed 
position to vessels. The existing regulation is listed at 33 CFR 117.5, 
which requires the bridge to open on signal.
    The Ocean Drive Marathon is held on the fourth Sunday in March of 
every year with the third Sunday used as the alternate day, if the 
fourth Sunday falls on a religious holiday. To facilitate the race, the 
proposal will maintain the bridge in the closed-to-navigation position 
from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every 
year.
    The Coast Guard believes that the proposed changes are reasonable 
due to the short duration the drawbridges will be maintained in the 
closed position to vessels and because this event has been observed in 
past years with little or no

[[Page 37023]]

impact to marine or vehicular traffic. This is also a necessary measure 
to facilitate public safety and allow for the orderly movement of 
participants and vehicular traffic before, during and after the race.

Discussion of Proposed Rule

Great Channel

    This proposed rule amends 33 CFR 117.720 which details the 
operating regulations for the County of Cape May Bridge.
    A new paragraph (c) will be added to Sec.  117.720, which allows 
the County of Cape May Bridge to remain in the closed-to-navigation 
position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of 
every year with the third Sunday used as the alternate day, if the 
fourth Sunday falls on a religious holiday.

Grassy Sound Channel

    This proposed rule amends 33 CFR 117.721 which details the 
operating regulations for the Grassy Sound Channel Bridge. Section 
117.721 will be revised to allow the Grassy Sound Channel Bridge to 
remain in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. 
on the fourth Sunday in March of every year with the third Sunday used 
as the alternate day, if the fourth Sunday falls on a religious 
holiday.

New Jersey Intracoastal Waterway

    This proposed rule amends 33 CFR 117.733 by redesignating paragraph 
(k) as paragraph (m) and adding new paragraph (k) which details the 
operating regulations for the Two-Mile Bridge, at mile 112.2, across 
Middle Thorofare in Wildwood Crest.
    A new paragraph (k) will be added to Sec.  117.733, which allows 
the Two-Mile Bridge to remain in the closed-to-navigation position from 
9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of every year 
with the third Sunday used as the alternate day, if the fourth Sunday 
falls on a religious holiday.

Tuckahoe River

    Section 117.757 Tuckahoe River will be redesignated as Sec.  
117.758 to allow alphabetical placement and codification of Townsend 
Inlet at Sec.  117.757.

Townsend Inlet

    Townsend Inlet will be added at new Sec.  117.757, detailing the 
operating regulations and allowing the Townsend Inlet Bridge to remain 
in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on the 
fourth Sunday in March of every year with the third Sunday used as the 
alternate day, if the fourth Sunday falls on a religious holiday.

Regulatory Evaluation

    This proposed 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 rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. We reached this conclusion based 
on the fact that the proposed changes have only a minimal impact on 
maritime traffic transiting the bridge. Mariners can plan their trips 
in accordance with the scheduled bridge openings to minimize delays.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities because the rule only adds 
minimal restrictions to the movement of navigation, and mariners who 
plan their transits in accordance with the scheduled bridge openings 
can minimize delay.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed 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. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 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 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 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.

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Protection of Children

    We have analyzed this proposed 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 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.

Energy Effects

    We have analyzed this proposed 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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, we believe that this proposed rule 
should be categorically excluded, under figure 2-1, paragraph (32)(e) 
of the Instruction, from further environmental documentation. Under 
figure 2-1, paragraph (32)(e), of the Instruction, an ``Environmental 
Analysis Check List'' is not required for this rule. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to 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. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.720 is amended by adding a new paragraph (c) to read 
as follows:


Sec.  117.720  Great Channel.

* * * * *
    (c) From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of 
every year, the draw need not open for vessels. If the fourth Sunday 
falls on a religious holiday, the draw need not open from 9:15 a.m. to 
2:30 p.m. on the third Sunday of March of every year.
    3. Section 117.721 is revised to read as follows:


Sec.  117.721  Grassy Sound Channel.

    The draw of the Grassy Sound Channel Bridge, mile 1.0 in Middle 
Township, shall open on signal from 6 a.m. to 8 p.m. from May 15 
through September 30. From 9:15 a.m. to 2:30 p.m. on the fourth Sunday 
in March of every year, the draw need not open for vessels. If the 
fourth Sunday falls on a religious holiday, the draw need not open from 
9:15 a.m. to 2:30 p.m. on the third Sunday of March of every year. Two 
hours advance notice is required for all other openings by calling 
(609) 368-4591.
    4. Section 117.733 is amended by redesignating paragraph (k) as 
paragraph (m) and adding a new paragraph (k) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (k) The draw of Two-Mile Bridge, mile 112.2, across Middle 
Thorofare in Wildwood Crest, shall open on signal; except from 9:15 
a.m. to 10:30 a.m. on the fourth Sunday in March of every year, the 
draw need not open for vessels. If the fourth Sunday falls on a 
religious holiday, the draw need not open for vessels from 9:15 a.m. to 
10:30 a.m. on the third Sunday of March of every year.
* * * * *


Sec.  117.757  [Redesignated]

    5. Redesignate Sec.  117.757 as Sec.  117.758.
    6. Add new Sec.  117.757 to read as follows:


Sec.  117.757  Townsend Inlet.

    The draw of Townsend Inlet Bridge, mile 0.3 in Avalon, shall open 
on signal; except from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in 
March of every year, the draw need not open for vessels. If the fourth 
Sunday falls on a religious holiday, the draw need not open from 9:15 
a.m. to 2:30 p.m. on the third Sunday of March of every year.

    Dated: June 16, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E6-10249 Filed 6-28-06; 8:45 am]
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