[Federal Register: June 24, 2009 (Volume 74, Number 120)]
[Proposed Rules]
[Page 30031-30034]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn09-40]
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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: Notice of proposed rulemaking.
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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
Sandra.S.Elliott@uscg.mil. 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
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2003 2004 2005 2006 2007 2008
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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
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Off-Season Bridge Openings--October 1 to May 14
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2003 2004 2005 2006 2007 2008
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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
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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
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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]
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