[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Pages 17082-17084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8493]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0995]
RIN 1625-AA09


Drawbridge Operation Regulation; Intracoastal Waterway (ICW), 
Beach Thorofare, Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations of the Route 30 Bridge, at ICW mile 67.2, across Beach 
Thorofare at Atlantic City, NJ. This will allow the drawbridge to open 
on signal every hour during high transit periods during summer months 
and operate on an advance notice basis at all other times. The change 
will result in more efficient use of the bridge.

DATES: This rule is effective May 14, 2009.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2008-0995 and are available online at 
http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: The Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays and the 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Terrance Knowles, Environmental Protection Specialist, Fifth Coast 
Guard District, at (757) 398-6587. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 6, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Intracoastal 
Waterway (ICW), Beach Thorofare, Atlantic City, NJ'' in the Federal 
Register (73 FR 58070). We received no comments on the published NPRM. 
No public meeting was requested, and none was held.

Background and Purpose

    The New Jersey Department of Transportation (NJDOT) is responsible 
for the operation of the Route 30 Bridge, at ICW mile 67.2, across 
Beach Thorofare at Atlantic City, NJ. In the closed-to-navigation 
position, the Route 30 Bridge has a vertical clearance of 20 feet, 
above mean high water.
    The existing operating regulation is set out in 33 CFR Sec.  
117.733(e) which requires the draw to open on signal except that, year-
round from 11 p.m. to 7 a.m. and from November 1 through March 31, from 
3 p.m. to 11 p.m., the draw need only open if at least four hours' 
notice is given.
    The NJDOT requested changes to the existing regulations for the 
Route 30 Bridge in an effort to provide more scheduled openings to 
accommodate the ever-increasing casino workforce and tourists and by 
limiting the number of on signal openings to minimize vehicular traffic 
delays and accidents that may result from backups due to more frequent 
vessel openings, by requiring scheduled hourly openings of draw span 
during the spring and summer months and to operate on an advance notice 
basis in the fall and winter months.
    A review of the bridge logs for the past three years supplied by 
NJDOT revealed the morning rush (7 a.m. to 9 a.m.) is averaging a total 
of 11 openings/year from June through September and the evening rush (4 
p.m. to 6 p.m.) is averaging a total of 15 openings/year from June 
through September. The average daily traffic count from 7 a.m. and 8 
p.m. for the same period revealed between 700 and 3,800 vehicles. This

[[Page 17083]]

excess traffic causes increased bottle-necks and safety hazards. 
Anticipated bridge openings on the hour will help to decrease delays to 
the local workforce and tourists.
    For the past three years, during the fall and winter months, the 
draw span averaged 23 vessel openings per year from November 1 through 
March 31 between 7 a.m. and 3 p.m.

Discussion of Comments and Changes

    The Coast Guard received no comments to the NPRM. However for 
clarification, we will amend 33 CFR 117.733(e) by requiring the draw of 
the Route 30 Bridge across Beach Thorofare, mile 67.2 at Atlantic City, 
shall open on signal, but only if at least four hours notice is given; 
except that from April 1 through October 31 from 7 a.m. to 11 p.m. the 
draw need only open on the hour.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. We reached this conclusion based on the 
fact that mariners can plan their trips in accordance with the 
scheduled bridge openings. Mariners may be delayed due to the scheduled 
openings, but overall, the scheduled bridge openings will allow 
mariners to minimize delays while lessening impacts on traffic. Vessels 
that can pass under the bridge 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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule could affect the following entities, some of which might 
be small entities: The owners or operators of vessels needing to 
transit through the bridge.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessels 
that can safely transit under the bridge while the draw span is in a 
closed position may do so at any time. All other mariners can plan 
their trips in accordance with the scheduled bridge openings to 
minimize delays.

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 an 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 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

[[Page 17084]]

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 proposed rule under Department of Homeland 
Security Management Directive 0023.1 and 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 made a preliminary determination that this is one of a category of 
actions which, individually or cumulatively, is not likely to have a 
significant effect on the human environment. Therefore, this rule is 
categorically excluded, under section 2.B.2. Figure 2-1, paragraph 
32(e), of the Instruction because it simply promulgates the operating 
regulations or procedures for drawbridges.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

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


0
2. Revise Sec.  117.733(e) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (e) The draw of the Route 30 Bridge across Beach Thorofare, mile 
67.2 at Atlantic City, shall open on signal but only if at least four 
hours of notice is given; except that from April 1 through October 31, 
from 7 a.m. to 11 p.m. the draw need only open on the hour.
* * * * *

    Dated: March 11, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. E9-8493 Filed 4-13-09; 8:45 am]
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