[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Rules and Regulations]
[Page 59381-59383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc06-9]
[[Page 59381]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-06-045]
RIN 1625-AA09
Drawbridge Operation Regulations; New Jersey Intracoastal
Waterway (NJICW), Grassy Sound Channel, Great Channel, and Townsend
Inlet, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of four Cape May County Bridge Commission bridges: The
Townsend Inlet Bridge, at mile 0.3 in Avalon; the County of Cape May
Bridge, at mile 0.7, across Great Channel between Stone Harbor and
Nummy Island; the Ocean Drive Bridge, at mile 1.0, across Grassy Sound
Channel in North Wildwood; and the Two-Mile Bridge, at NJICW mile
112.2, across Middle Thorofare in Wildwood Crest, in NJ. This final
rule will allow the bridges to remain in the closed position at
particular dates and times to accommodate the Ocean Drive Marathon.
Vessels that can pass under the bridges without a bridge opening may do
so at all times.
DATES: This rule is effective November 9, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-06-045 and are available for inspection or
copying at 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. The Fifth Coast Guard District maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
SUPPLEMENTARY INFORMATION:
Regulatory History
On June 29, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; New Jersey
Intracoastal Waterway (NJICW), Grassy Sound Channel, Great Channel, and
Townsend Inlet, NJ'' in the Federal Register (71 FR 37022). We received
no comments on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
On behalf of the Ocean Drive Run Club, Inc., (Ocean Drive RC), Cape
May County Bridge Commission (CMCBC) requested changes to the operating
drawbridge regulations to accommodate the Ocean Drive Marathon. The
race is an annual event sponsored by the Ocean Drive RC, attracting
spectators and participants from the surrounding cities and states.
In accordance with 33 CFR 117.37(a) for reasons of public safety or
for public functions, the District Commander may authorize the opening
and closing of a drawbridge for a specified period of time.
CMCBC who owns and operates the Townsend Inlet Bridge, at mile 0.3
in Avalon; the County of Cape May Bridge, at mile 0.7, across Great
Channel between Stone Harbor and Nummy Island; the Grassy Sound Channel
Bridge, at mile 1.0 in North Wildwood; and the Two-Mile Bridge, at
NJICW mile 112.2, across Middle Thorofare in Wildwood Crest, requested
the following drawbridge changes:
Great Channel
The County of Cape May Bridge, at mile 0.7, across Great Channel
between Stone Harbor and Nummy Island has a vertical clearance of 15
feet above mean high water (MHW) and 19 feet above mean low water (MLW)
in the closed position to vessels. The existing regulation is listed at
33 CFR 117.720.
The Ocean Drive Marathon is held on the fourth Sunday in March of
every year with the third Sunday used as the alternate day, if the
fourth Sunday falls on a religious holiday. To facilitate the race, the
final rule will maintain the bridge in the closed-to-navigation
position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of
every year.
Grassy Sound Channel
The Grassy Sound Channel Bridge, at mile 1.0 in Middle Township,
has a vertical clearance of 15 feet above MHW and 19 feet above MLW in
the closed position to vessels. The existing regulation is listed at 33
CFR 117.721.
The Ocean Drive Marathon is held on the fourth Sunday in March of
every year with the third Sunday used as the alternate day, if the
fourth Sunday falls on a religious holiday. To facilitate the race, the
final rule will maintain the bridge in the closed-to-navigation
position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of
every year.
New Jersey Intracoastal Waterway
The Two-Mile Bridge, at NJICW mile 112.2 at Wildwood Crest, has a
vertical clearance of 23 feet above MHW and 27 feet above MLW in the
closed position to vessels. The existing operating regulations are set
out in 33 CFR 117.5 which requires the bridge to open on signal.
The Ocean Drive Marathon is held on the fourth Sunday in March of
every year with the third Sunday used as the alternate day, if the
fourth Sunday falls on a religious holiday. To facilitate the race, the
final rule will maintain the bridge in the closed-to-navigation
position from 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of
every year.
Townsend Inlet
The Townsend Inlet Bridge, at mile 0.3 in Avalon, has a vertical
clearance of 23 feet above MHW and 26 feet above MLW in the closed
position to vessels. The existing regulation is listed at 33 CFR 117.5,
which requires the bridge to open on signal.
The Ocean Drive Marathon is held on the fourth Sunday in March of
every year with the third Sunday used as the alternate day, if the
fourth Sunday falls on a religious holiday. To facilitate the race, the
final rule will maintain the bridge in the closed-to-navigation
position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of
every year.
The Coast Guard believes that these changes are reasonable due to
the short duration the drawbridges will be maintained in the closed
position to vessels and because this event has been observed in past
years with little or no impact to marine or vehicular traffic. This is
also a necessary measure to facilitate public safety and allow for the
orderly movement of participants and vehicular traffic before, during
and after the race.
Discussion of Comments and Changes
The Coast Guard did not receive any comments on the NPRM.
Therefore, no changes were made to the final rule.
Discussion of Rule
Great Channel
This final rule amends 33 CFR 117.720 which details the operating
regulations for the County of Cape May Bridge.
A new paragraph (c) will be added to 117.720, which allows the
County of Cape May Bridge to remain in the closed-to-navigation
position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of
every year with the third
[[Page 59382]]
Sunday used as the alternate day, if the fourth Sunday falls on a
religious holiday.
Grassy Sound Channel
This final rule amends 33 CFR 117.721 which details the operating
regulations for the Grassy Sound Channel Bridge. Section 117.721 will
be revised to allow the Grassy Sound Channel Bridge to remain in the
closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on the fourth
Sunday in March of every year with the third Sunday used as the
alternate day, if the fourth Sunday falls on a religious holiday.
New Jersey Intracoastal Waterway
This final rule amends 33 CFR 117.733 by redesignating paragraph
(k) as paragraph (l) and adding the newly redesignated paragraph (k)
which details the operating regulations for the Two-Mile Bridge, at
mile 112.2, across Middle Thorofare in Wildwood Crest.
A new paragraph (k) will be added to Sec. 117.733, which allows
the Two-Mile Bridge to remain in the closed-to-navigation position from
9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of every year
with the third Sunday used as the alternate day, if the fourth Sunday
falls on a religious holiday.
Tuckahoe River
Section 117.757 Tuckahoe River will be redesignated as Sec.
117.758 to allow alphabetical placement and codification of Townsend
Inlet at Sec. 117.757.
Townsend Inlet
Townsend Inlet will be added at new Sec. 117.757, detailing the
operating regulations and allowing the Townsend Inlet Bridge to remain
in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on the
fourth Sunday in March of every year with the third Sunday used as the
alternate day, if the fourth Sunday falls on a religious holiday.
Regulatory Evaluation
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. 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. 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 their trips in accordance with
the scheduled bridge openings, 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
would not have a significant economic impact on a substantial number of
small entities.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reason. The rule
only adds minimal restrictions to the movement of navigation, and
mariners who plan their transits in accordance with the scheduled
bridge openings can minimize delay.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process. No
assistance was requested from any small entity.
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 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 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.
[[Page 59383]]
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 Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide 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 it has been determined that the promulgation of
operating regulations for drawbridges are categorically excluded.
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. Section 117.720 is revised by adding a new paragraph (c) to read as
follows:
Sec. 117.720 Great Channel.
* * * * *
(c) From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of
every year, the draw need not open for vessels. If the fourth Sunday
falls on a religious holiday, the draw need not open from 9:15 a.m. to
2:30 p.m. on the third Sunday of March of every year.
0
3. Sec. 117.721 is revised to read as follows:
Sec. 117.721 Grassy Sound Channel.
The draw of the Grassy Sound Channel Bridge, mile 1.0 in Middle
Township, shall open on signal from 6 a.m. to 8 p.m. from May 15
through September 30. From 9:15 a.m. to 2:30 p.m. on the fourth Sunday
in March of every year, the draw need not open for vessels. If the
fourth Sunday falls on a religious holiday, the draw need not open from
9:15 a.m. to 2:30 p.m. on the third Sunday of March of every year. Two
hours advance notice is required for all other openings by calling
(609) 368-4591.
0
4. Section 117.733 is amended by redesignating paragraph (k) as
paragraph (m) and adding a new paragraph (k) to read as follows:
Sec. 117.733 New Jersey Intracoastal Waterway.
* * * * *
(k) The draw of Two-Mile Bridge, mile 112.2, across Middle
Thorofare in Wildwood Crest, shall open on signal; except from 9:15
a.m. to 10:30 a.m. on the fourth Sunday in March of every year, the
draw need not open for vessels. If the fourth Sunday falls on a
religious holiday, the draw need not open for vessels from 9:15 a.m. to
10:30 a.m. on the third Sunday of March of every year.
* * * * *
Sec. 117.757 [Redesignated]
0
5. Redesignate Sec. 117.757 as Sec. 117.758.
0
6. Add new Sec. 117.757 to read as follows:
Sec. 117.757 Townsend Inlet.
The draw of Townsend Inlet Bridge, mile 0.3 in Avalon, shall open
on signal; except from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in
March of every year, the draw need not open for vessels. If the fourth
Sunday falls on a religious holiday, the draw need not open from 9:15
a.m. to 2:30 p.m. on the third Sunday of March of every year.
Dated: September 18, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E6-16426 Filed 10-6-06; 8:45 am]
BILLING CODE 4910-15-P