[Federal Register Volume 90, Number 109 (Monday, June 9, 2025)]
[Proposed Rules]
[Pages 24256-24257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10418]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0312]
RIN 1625-AA09
Drawbridge Operation Regulation; Inside Thorofare, Ventnor City,
New Jersey
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Dorset Avenue Bridge across Inside Thorofare, mile 72.1 at
Ventnor City, NJ. The proposed rule would allow the drawbridge to only
open between the hours of 11 p.m. to 7 a.m. if at least four hours'
notice is given. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before July 9, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-3012 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, email Mr. Jack H. Williams, Bridge Management Specialist, Fifth
Coast Guard District, at (206) 815-5085 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Dorset Avenue Bridge across Inside Thorofare, mile 72.1, at
Ventnor City, NJ, has a vertical clearance of 9 feet at mean high water
in the closed to navigation position (unlimited in the open to
navigation position) and a horizontal clearance of 50 feet between the
bridge protective system. Waterway users include pleasure craft,
commercial and sport fishing vessels.
The existing drawbridge operating regulation for the Dorset Avenue
Bridge is listed in 33 CFR 117.733(i) and requires that the Bridge open
on signal except that from June 1 through September 30, from 9:15 a.m.
to 9:15 p.m., the draw need only open at 15 and 45 minutes after the
hour.
A review of the drawbridge logs provided by Atlantic County, the
Bridge Owner, has revealed that requests for opening of the bridge have
decreased thus indicating minimal use. For the years 2022, 2023 and
2024, from 11 p.m. to 7 a.m., the Dorset Avenue Bridge has opened 42,
51, and 29 times, for vessels, respectively. Because of minimal demand
for bridge opening, between the hours of 11 p.m. to 7 a.m., the bridge
owner has requested that during these hours, year-round, the bridge
need only open when a four-hour advance notice is given.
The legal basis for this proposed rule is 33 U.S.C. 499.
III. Discussion of Proposed Rule
The Coast Guard proposes to amend Section 117.733 by revising
paragraph (i) to include a new 4 hour notice requirement for openings
between the hours of 11 p.m. and 7 a.m. The proposed rule would require
a four-hour advance notice for openings, between the hours of 11 p.m.
and 7 a.m., for the Dorset Avenue Bridge. Vessels that can pass under
the restricted vertical clearance and without requesting a bridge
opening may do so. We propose to keep the existing operating schedule
for the June 1 through September 30 time period. Existing regulations
state from June 1 through September 30, from 9:15 a.m. to 9:15 p.m.,
the draw need open only on the 15 and 45 minutes after the hour. At all
other times not mentioned, the bridge would open on signal.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866. Accordingly, the NPRM has not been reviewed by the Office
of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge when the bridge operator is given
advanced notice.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the
[[Page 24257]]
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact the person listed
in the FOR FURTHER INFORMATION CONTACT section. 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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0312 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
final rule is published of any posting or updates to the docket.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
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
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No.
00170.1, Revision No. 01.3.
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2. Amend Sec. 117.733 by revising paragraph (i) to read as follows:
Sec. 117.733 New Jersey Intracoastal Waterway
* * * * *
(i) The draw of the Dorset Avenue Bridge across Inside Thorofare,
mile 72.1 at Ventnor City, shall open on signal except that:
(1) From June 1 through September 30, from 9:15 a.m. to 9:15 p.m.,
the draw need open only on the 15 and 45 minutes after the hour.
(2) Year-round, from 11 p.m. to 7 a.m., the draw need only open if
at least four-hour notice is given.
* * * * *
Dated: June 4, 2025.
J.C. Vann,
Rear Admiral (upper half), U.S. Coast Guard, Commander, Fifth Coast
Guard District.
[FR Doc. 2025-10418 Filed 6-6-25; 8:45 am]
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