[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Rules and Regulations]
[Pages 3856-3859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1264]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 
rule will allow the drawbridge to operate on an advance notice basis 
during specific dates and times of the year. The rule change will 
result in more efficient use of the bridge during dates and times of 
infrequent transit.

DATES: This rule is effective February 24, 2010.

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-2009-0453 and are available online by 
going to http://www.regulations.gov, inserting USCG-2009-0453 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On June 24, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Great Egg Harbor Bay, 
between Beesleys Point and Somers Point, NJ, in the Federal Register 
(74 FR 30031). We received two comments on

[[Page 3857]]

the proposed rule. No public meeting was requested, and none was held.

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 and a low number of 
openings during the winter. Similarly, there are very few openings 
during the hours of darkness. (See Table)

                                 Summer 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
----------------------------------------------------------------------------------------------------------------


                                   Winter 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 small number of bridge openings during the winter from 
2003 to 2008, the County requested to change the current operating 
regulation by requiring the draw of the bridge to open if at least two 
hours notice is given on signal 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. At all 
other times, the draw shall open on signal.
    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. 
This advance notice request coincides with other drawbridges operated 
by the County for the same dates in December.
    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 will also list the County Public Works 
Department 24-hour telephone number at (609) 368-4591.
    The Coast Guard believes that all of the changes are reasonable 
because the drawbridge would still open during specific dates and times 
after the advance notice is given.

Discussion of Comments and Changes

    The Coast Guard received two comments to the NPRM. One of the 
respondents was a commercial shipyard owner who did not foresee a 
problem with the regulation as proposed. However, many of his 
commercial customers would prefer that the bridge be constructed for a 
wider horizontal clearance. In response, the County indicated that a 
budget has been developed for rehabilitation of their bridges and 
currently an investigation is under way to determine if a reasonable 
rehabilitation program can be undertaken to accommodate wider vessels.
    The other respondent, a local resident, also agreed to the 
proposal, however, suggested that the bridge be left in the open 
position to vessels until the bridge is reopened to vehicle traffic. 
The County responded that due to the potential damage, the moveable 
span leaves must be physically locked with cables for the span to be in 
an up position for any length of time. The cost to design such a system 
would be excessive. However, the County expects to perform construction 
activity on the bridge within a year and would then have to lower the 
bridge for access. In addition, the County is concerned about vandalism 
if no one was at the bridge for long periods of time. Based on the 
comments received and information provided, the Coast Guard will 
implement the final rule with no substantive changes to the NPRM. Text 
modifications are revised for clarity and consistency.

Discussion of Rule

    The Coast Guard will insert new regulations at 33 CFR Sec.  
117.722. The draw of the U.S. Route 9/Beesleys Point Bridge shall open 
if at least two hours notice is given 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 and including 6 a.m. on December 26 of 
every year; and shall open on signal at all other times.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analysis 
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 expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation 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

[[Page 3858]]

their trips in accordance with the bridge schedule 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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will 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 rule 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 bridge schedule can minimize delay.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Act of 1966 (Pub. L. 104-121), in the NPRM 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.

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 effect 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 does 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 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 Department of Homeland Security 
Management Directive 023-01, 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 concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    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. Add new Sec.  117.722 to read as follows:


Sec.  117.722  Great Egg Harbor Bay.

    The draw of the U.S. Route 9/Beesleys Point Bridge, mile 3.5, shall 
open if at least two hours' notice is given from October 1 to May 14 
from 8 p.m. to 6

[[Page 3859]]

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 and including 6 a.m. on December 26 of every 
year; and shall open on signal at all other times.

    Dated: January 4, 2010.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2010-1264 Filed 1-22-10; 8:45 am]
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