[Federal Register: October 28, 2003 (Volume 68, Number 208)]
[Rules and Regulations]
[Page 61363-61365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc03-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-03-050]
RIN 1625-AA-09
Drawbridge Operation Regulations; Great Channel Between Stone
Harbor and Nummy Island, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Commander, Fifth Coast Guard District, is temporarily
changing the regulations governing the operation of the Cape May Bridge
across Great Channel at mile 0.7 between Stone Harbor and Nummy Island,
New Jersey. The bridge area will be closed to navigation beginning 8
a.m. on October 16, 2003, through 11 p.m. on May 14, 2004. This closure
is necessary to facilitate extensive mechanical rehabilitation and to
maintain the bridge's operational integrity.
DATES: This temporary rule is effective from 8 a.m. on October 16,
2003, to 11 p.m. on May 14, 2004.
ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD05-03-050) and are available for inspection or
copying at the Commander (oan-b), Fifth Coast Guard District, Federal
Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23703-
5004, between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Linda L. Bonenberger, Bridge
Management Specialist, Fifth Coast Guard District, at (757) 398-6227.
SUPPLEMENTARY INFORMATION:
Regulatory History
On June 11, 2003, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Great Channel
Between Stone Harbor and Nummy Island, New Jersey'' in the Federal
Register (68 FR 34877). We received no comments on the proposed rule.
No public hearing was requested nor held.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. A 30 day delayed effective
[[Page 61364]]
date is unnecessary because the bridge in question has not opened for
vessel traffic in over five years, and has only opened twice in the
last nine years. Further, there were no public comments during the 60-
day comment period, and mariners have alternative routes around this
drawbridge during the temporary closure.
Background and Purpose
Cape May County Department of Public Works (CMC) owns and operates
the County of Cape May Bridge across Great Channel. The bridge is
located between Stone Harbor and Nummy Island, New Jersey. The current
regulations set out in 33 CFR 117.720 require the draw to open on
signal except from May 15 through October 15 from 10 p.m. to 6 a.m.,
the draw need only open if at least four hours notice has been given.
From October 16 through May 14, the draw need only open if at least 24
hours notice has been given.
Agate Construction Company, on behalf of CMC, has requested a
temporary change to the existing regulations for the County of Cape May
Bridge to facilitate necessary repairs. The repairs consist of
extensive mechanical rehabilitation of the bascule span. To facilitate
the repairs, the bascule span will be locked in the closed position to
vessels from 8 a.m. on October 15, 2003, through 11 p.m. on May 14,
2004.
The Coast Guard reviewed the bridge logs for the last 10 years.
From October 16 to May 14, the current regulation requires the draw
need only open if at least 24 hours notice is given. From 1993 to 2002,
the drawlogs revealed only two openings were provided between October
15 and May 14. The earliest and latest opening dates occurred May 15,
1998, and November 6, 1994, respectively. Also, the bridge is not
landlocked on either side of Great Channel providing alternate vessel
access to the Atlantic Ocean, to the south, and to the New Jersey
Intracoastal Waterway, to the north. Therefore, vessels will not be
negatively impacted by this proposal.
Regulatory Evaluation
The 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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This conclusion was based on the fact that the change will have a
very limited impact on maritime traffic transiting this area. Mariners
can plan their transits by using alternate routes to gain access to
larger bodies of water.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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.
The rule will not have a significant economic impact on a
substantial number of small entities because even though the rule
closes this small area to mariners, they will not be land-locked at
either end and will be able to plan their transits by using available
alternate routes.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1966 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking. In our notice of
proposed rulemaking, we provided a point of contact to small entities
who could answer questions concerning proposed provisions or options
for compliance.
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 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 section 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. It has not been designated by the Administrator of the
Office of
[[Page 61365]]
Information and Regulatory Affairs as a significant energy action.
Therefore, it does not require a State of Energy Effects under
Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation because this rule temporarily changes the
operating regulations for a drawbridge.
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, Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From October 16, 2003, through May 14, 2004, Sec. 117.720(b) is
temporarily suspended and a new paragraph (c) is added to read as
follows:
Sec. 117.720 Great Channel
* * * * *
(c) From 8 a.m. on October 16, 2003, until 11 p.m. on May 14, 2004,
the draw of the County of Cape May Bridge, mile 0.7, between Stone
Harbor and Nummy Island need not open for the passage of vessels.
Dated: October 16, 2003.
Ben R. Thomason III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 03-27126 Filed 10-27-03; 8:45 am]
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