[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Rules and Regulations]
[Pages 5747-5749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1764]



[[Page 5747]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2007-0026; [formerly published under CGD05-07-093]]
RIN 1625-AA09


Drawbridge Operation Regulations; Corson Inlet, New Jersey 
Intracoastal Waterway (NJICW), 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 (the Commission) 
bridges: The Corson Inlet Bridge, at mile 0.9, at Strathmere; the Stone 
Harbor Boulevard Bridge, at NJICW mile 102.0, across Great Channel at 
Stone Harbor; the Two-Mile Bridge, at NJICW mile 112.2, across Middle 
Thorofare in Wildwood Crest; and the Townsend Inlet Bridge, at mile 0.3 
in Avalon, NJ. This final rule allows the drawbridges to operate on an 
advance notice basis for specific dates, times and holiday in December 
of every year. These changes will still provide for the reasonable 
needs of navigation.

DATES: This rule is effective March 3, 2008.

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 USCG-2007-026 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: Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 1, 2007, the new Federal Docket Management System (FDMS) 
was established and FDMS numbers were assigned to all actions published 
in the Federal Register. New FDMS numbers are posted and requested 
comments are reviewed at www.regulations.gov. The FDMS number assigned 
to this rule was USCG-2007-0026.
    On October 11, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Corson Inlet, New 
Jersey Intracoastal Waterway (NJICW), Townsend Inlet, NJ'' in the 
Federal Register (72 FR 57904). We received three comments on the 
proposed rule. The previously assigned NPRM docket number was CGD05-07-
093. No public meeting was requested, and none was held.

Background and Purpose

    The owner of the drawbridges, the Cape May County Bridge Commission 
(the Commission), requested changes to the operating regulations for 
the four drawbridges to allow them to operate on an advance notice 
basis at different times on December 24th, 25th and 26th of every year.
    A review of the bridge logs supplied by the Commission for the 
Corson Inlet Bridge, at mile 0.9, at Strathmere; the Stone Harbor 
Boulevard Bridge, at NJICW mile 102.0, across Great Channel at Stone 
Harbor; the Two-Mile Bridge at NJICW mile 112.2, across Middle 
Thorofare in Wildwood Crest; and the Townsend Inlet Bridge, at mile 0.3 
in Avalon; reveals that these drawbridges have not received any 
requests nor performed any bridge openings on the aforementioned dates 
for at least the previous nine years.
    The Cape May County Bridge Commission Department of Public Works 
currently maintains a 24-hour telephone at (609) 368-4591 to request 
bridge openings. Qualified personnel will be on-call and ready for 
dispatch with two-hour advance notice for the following drawbridges:

Corson Inlet

    The Corson Inlet Bridge, mile 0.9, at Strathmere has a vertical 
clearance of 15 feet above mean high water (MHW) and 18 feet above mean 
low water (MLW) in the closed position to vessels. The existing 
operating regulations are set out in 33 CFR 117.714.

New Jersey Intracoastal Waterway

    The Stone Harbor Boulevard Bridge, at NJICW mile 102.0, across 
Great Channel at Stone Harbor has a vertical clearance of 11 feet above 
MHW and 15 feet above MLW in the closed position to vessels. The 
existing operating regulations are set out in 33 CFR Sec.  117.733(i).
    The Two-Mile Bridge, at NJICW mile 112.2, across Middle Thorofare 
in Wildwood Crest has a vertical clearance of 23 feet above MHW and 27 
feet above MLW. The existing regulations are set out in 33 CFR Sec.  
117.733(k).

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 regulations are set out in 33 CFR 
117.757.

Discussion of Comments and Changes

    The Coast Guard received three comments to the NPRM. One written 
comment was from the U.S. Department of the Interior, Fish and Wildlife 
Service (the Service). The Service has no objection to the issuance of 
the NPRM.
    We received two comments from the same respondent at 
www.regulations.gov under the new FDMS docket number USCG-2007-0026. In 
both comments, the respondent essentially agreed with the issuance of 
the NPRM.
    Based on the comments received and information provided, we will 
implement a final rule with no changes to the NPRM.

Discussion of Rule

Corson Inlet

    The Coast Guard is amending 33 CFR 117.714 by revising the 
operating regulations by extending the two-hour notice period in effect 
during the off season to include all of December 25. The final rule 
would read as follows: The draw of the Corson Inlet Bridge, mile 0.9, 
at Strathmere, shall open on signal: Except, that from October 1 
through May 15 from 10 p.m. to 6 a.m. and from 6 a.m. to 10 p.m. on 
December 25 the draw need open only if at least two hours notice is 
given.

New Jersey Intracoastal Waterway

    The Coast Guard is amending 33 CFR 117.733 by revising paragraph 
(i), which details the operating regulations for the Stone Harbor 
Boulevard Bridge at NJICW mile 102.0, across Great Channel at Stone 
Harbor.
    A new paragraph will be added at Sec.  117.733(i)(3) to read that 
the draw shall open on signal from 10 p.m. on December 24 until 6 a.m. 
on December 26 if at least two hours notice is given.
    The Coast Guard is also amending 33 CFR 117.733 by revising 
paragraph (k), which details the operating regulations for the Two-Mile 
Bridge, at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest.
    Paragraph (k) will state that the draw shall open on signal except: 
(1) 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

[[Page 5748]]

vessels from 9:15 a.m. to 10:30 a.m. on the third Sunday of March of 
every year; and (2) from 10:30 p.m. on December 24 until and including 
10:30 p.m. on December 26, the draw need open only if at least two 
hours notice is given.

Townsend Inlet

    The Coast Guard is amending 33 CFR 117.757 by revising the 
operating regulations to read as follows: The draw of Townsend Inlet 
Bridge, mile 0.3 in Avalon, shall open on signal except: (1) 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; and (2) from 11 p.m. on December 
24 until 11 p.m. on December 25, the draw need open only if at least 
two hours notice is given.

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).
    This conclusion is based on the fact that these changes have only a 
minimal impact on maritime traffic transiting the bridges. Mariners can 
plan their trips in accordance with the scheduled bridge openings to 
minimize delays, and vessels that can pass under the bridges without a 
bridge opening may do so at all times.

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 conclusion is based on the fact that the changes will have 
only a minimal impact on maritime traffic transiting the bridge. 
Mariners who plan their transits in accordance with the scheduled 
bridge openings can minimize delay and vessels that can pass under the 
bridges without a bridge opening may do so at all times.

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 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). 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 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 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.

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

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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 
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 because this rule involves drawbridge regulations. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Words of Issuance and Regulatory Text

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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.714 to read as follows:


Sec.  117.714  Corson Inlet.

    The draw of the Corson Inlet Bridge, mile 0.9, at Strathmere, shall 
open on signal; except that from October 1 through May 15 from 10 p.m. 
to 6 a.m. and from 6 a.m. to 10 p.m. on December 25 the draw need open 
only if at least two hours notice is given.
0
3. Sec.  117.733 is amended by adding a new paragraph (i)(3) and 
revising paragraph (k) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (i) * * *
    (3) From 10 p.m. on December 24 until 6 a.m. on December 26, the 
draw need open only if at least two hours notice is given.
* * * * *
    (k) The draw of Two-Mile Bridge, mile 112.2, across Middle 
Thorofare in Wildwood Crest, shall open on signal except:
    (1) 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.
    (2) From 10:30 p.m. on December 24 until 10:30 p.m. on December 26, 
the draw need open only if at least two hours notice is given.
* * * * *
0
4. Sec.  117.757 is revised 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:
    (a) 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.
    (b) From 11 p.m. on December 24 until 11 p.m. on December 25, the 
draw need open only if at least two hours notice is given.

    Dated: January 16, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-1764 Filed 1-30-08; 8:45 am]
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