[Federal Register Volume 71, Number 195 (Tuesday, October 10, 2006)]
[Rules and Regulations]
[Pages 59381-59383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16426]



[[Page 59381]]

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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: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations of four Cape May County Bridge Commission 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 final 
rule 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: This rule is effective November 9, 2006.

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 CGD05-06-045 and are available for inspection or 
copying at Commander (dpb), Fifth Coast Guard District, Federal 
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. The Fifth Coast Guard District maintains the public docket 
for this rulemaking.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On June 29, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; New Jersey 
Intracoastal Waterway (NJICW), Grassy Sound Channel, Great Channel, and 
Townsend Inlet, NJ'' in the Federal Register (71 FR 37022). We received 
no comments on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    On behalf of the Ocean Drive Run Club, Inc., (Ocean Drive RC), Cape 
May County Bridge Commission (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 
final rule 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 
final rule 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 
final rule 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 
final rule 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 these 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 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 Comments and Changes

    The Coast Guard did not receive any comments on the NPRM. 
Therefore, no changes were made to the final rule.

Discussion of Rule

Great Channel

    This final 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 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

[[Page 59382]]

Sunday used as the alternate day, if the fourth Sunday falls on a 
religious holiday.

Grassy Sound Channel

    This final 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 final rule amends 33 CFR 117.733 by redesignating paragraph 
(k) as paragraph (l) and adding the newly redesignated 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 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. We reached this conclusion based on the fact 
that these 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 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would not have a significant economic impact on a 
substantial number of small entities for the following reason. 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.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. No 
assistance was requested from any small entity.

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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 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 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 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.

[[Page 59383]]

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 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 it has been determined that the promulgation of 
operating regulations for drawbridges are categorically excluded.

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. Section 117.720 is revised 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.

0
3. Sec.  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.

0
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]

0
5. Redesignate Sec.  117.757 as Sec.  117.758.
0
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: September 18, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
 [FR Doc. E6-16426 Filed 10-6-06; 8:45 am]
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