[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Proposed Rules]
[Pages 30031-30034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14747]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0453]
RIN 1625-AA09


Drawbridge Operation Regulations; Great Egg Harbor Bay, Between 
Beesleys Point and Somers Point, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the US Route 9/Beesleys Point Bridge over Great Egg 
Harbor Bay, at mile 3.5, between Beesleys Point and Somers Point, NJ. 
This proposal would allow the drawbridge to operate on an advance 
notice basis during specific dates and times of the year. The proposed 
change would result in more efficient use of the bridge during dates 
and times of infrequent transit.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 10, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0453 using any one of the following methods:
    (1) Federal Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Sandra S. Elliott, Bridge Administration Branch, 
Fifth Coast Guard District, telephone 757-398-6557, e-mail 
[email protected]. 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0453), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand delivery, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0453'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than, 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

[[Page 30032]]

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0453 in the Docket ID column. You may visit 
either the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. We have an agreement 
with the Department of Transportation to use the Docket Management 
Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain 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

    The Cape May County Department of Public Works (The County) is 
responsible for the operation of the U.S. Route 9 Bridge, at mile 3.5, 
across Great Egg Harbor Bay, between Beesleys Point and Somers Point, 
NJ. The County requested advance notification for vessel openings 
during specific dates and times of the year due to the infrequency of 
requests for vessel openings of the drawbridge.
    The U.S. Route 9/Beesleys Point Bridge has a vertical clearance of 
eight feet above mean high water in the closed-to-navigation position. 
The existing operating schedule is set out in 33 CFR 117.5, which 
requires the drawbridge to open promptly and fully for the passage of 
vessels when a request to open is given.
    Bridge opening data, supplied by the County, revealed minimal 
requests for vessel openings during periods of time that the County 
desires to have the bridge unmanned. The numbers of openings vary from 
a high number of openings during the summer months and a low number of 
openings during the winter season. Similarly, there are very few 
opening during the hours of darkness. (See Table)

                                In-Season Bridge Openings--May 15 to September 30
----------------------------------------------------------------------------------------------------------------
                                                                   2003    2004    2005    2006    2007    2008
----------------------------------------------------------------------------------------------------------------
12 a.m. to 6 a.m................................................       5       6       6       4       4       0
10 p.m. to 6 a.m................................................       5      10       7      10      10       4
8 p.m. to 6 a.m.................................................      25      22      16      22      18      18
----------------------------------------------------------------------------------------------------------------


                                 Off-Season Bridge Openings--October 1 to May 14
----------------------------------------------------------------------------------------------------------------
                                                                   2003    2004    2005    2006    2007    2008
----------------------------------------------------------------------------------------------------------------
12 a.m. to 6 a.m................................................       2       5       4       1       5       5
10 p.m. to 6 a.m................................................       4       5       8       1       5       9
8 p.m. to 6 a.m.................................................       5       5      11       3       7      10
----------------------------------------------------------------------------------------------------------------

    Due to the anticipated infrequency of requests for vessel openings 
of the drawbridge during these specific times and dates, the County 
requested to change the current operating regulation by requiring the 
draw of the bridge to open on signal, except from October 1 to May 14 
from 8 p.m. to 6 a.m., and from May 15 to September 30 from 10 p.m. to 
6 a.m., need open only if at least two hours notice is given.
    The County requests an additional change to the operating 
regulations to allow the U.S. Route 9/Beesleys Point Bridge to operate 
on an advance notice on December 24 through December 26 of every year.
    A review of the bridge logs supplied by the County for the past six 
years revealed that they have provided only one vessel opening within 
that time frame. The County requested to change the current operating 
regulations by requiring the draw span to open on signal if at least 
two hours notice is given from 8 p.m. on December 24 until and 
including 6 a.m. on December 26 of every year. This advance notice 
request coincides with other drawbridges operated by the County for the 
same dates in December.
    The Coast Guard believes that all of the proposed changes are 
reasonable because the drawbridge would still open during specific 
dates and times after the advance notice is given.
    The County will install a sign on both faces of the bascule span 
indicating the hours of operations and a two-hour advance notice when 
the bridge is unmanned. The sign would also list the County Public 
Works Department 24-hour telephone number at (609) 368-4591.

Discussion of Proposed Rule

    The Coast Guard proposes to insert new regulations at 33 CFR Sec.  
117.722. The draw shall open on signal, except from October 1 through 
May 14 from 8 p.m. to 6 a.m., from May 15 through September 30, from 10 
p.m. to 6 a.m., and from 8 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.
    The proposed change would result in more efficient use of the 
bridge during dates and times of infrequent transit.

Regulatory Analyses

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

Regulatory Planning and Review

    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.

[[Page 30033]]

    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation 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 proposed 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 affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit the bridge from October 1 to May 14 from 8 p.m. to 6 
a.m., from May 15 to September 30 from 10 p.m. to 6 a.m., and from 8 
p.m. on December 24 until 6 a.m. on December 26.
    This action will 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 proposed 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 proposed 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.

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 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 action is one of a 
category of actions which do no individually or

[[Page 30034]]

cumulatively have a significant effect on the human environment because 
it simply promulgates the operating regulations or procedures for 
drawbridges. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 117

    Bridges.

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

    2. Add new Sec.  117.722 to read as follows:


Sec.  117.722  Great Egg Harbor Bay.

    The draw of the US Route 9/Beesleys Point Bridge, mile 3.5, shall 
open on signal, except from October 1 to May 14 from 8 p.m. to 6 a.m., 
from May 15 to September 30 from 10 p.m. to 6 a.m., and from 8 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.

    Dated:June 8,2009.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard Commander, Fifth Coast Guard 
District.
[FR Doc. E9-14747 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-15-P