[Federal Register: January 25, 2010 (Volume 75, Number 15)]
[Rules and Regulations]
[Page 3856-3859]
[DOCID:fr25ja10-3]

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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<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>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

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<PHONE_NUMBER>.
    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

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

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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[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Rules and Regulations]
[Page 5986-5987]
[DOCID:fr04fe09-5]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2009-0004]
RIN 1625-AA09

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(AIWW), Elizabeth River, Southern Branch, VA, Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has approved a
temporary deviation from the regulations governing the operation of the
Norfolk Southern 7 Railroad Bridge, at AIWW mile 5.8, across
the Elizabeth River (Southern Branch) in Chesapeake, VA. Under this
temporary deviation, the drawbridge may remain in the closed position
on specific dates and times to facilitate structural repairs.

DATES: This deviation is effective from 5 a.m. on February 1, 2009, to
11 p.m. on May 10, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0004 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: 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, and the 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.

FOR FURTHER INFORMATION CONTACT: Mr. Bill H. Brazier, Bridge Management
Specialist, Fifth Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Norfolk Southern Corporation, who owns
and operates this single-leaf bascule drawbridge, has requested a
temporary deviation from the current operating regulations set out in
33 CFR 117.997(e) to facilitate structural repairs.
    The Norfolk Southern 7 Bridge, at AIWW mile 5.8, across
the Elizabeth River (Southern Branch) in Chesapeake, VA, has a vertical
clearance in the closed position to vessels of 7 feet above mean high
water.
    To complete the replacement for the remaining segments of curved
tread plates on the curved segmental girders on the lift span, the
drawbridge will be maintained in the closed-to-navigation position
beginning at 5 a.m. until and including 11 p.m. each Sunday on February
1, 2009, February 8, 2009, March 1, 2009, March 8, 2009, April 5, 2009,
April 12, 2009, May 3, 2009, and May 10, 2009.
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the opening restrictions of
the draw span to

minimize transiting delays caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period.
    This deviation from the operating regulations is authorized under
33 CFR 117.35.

    Dated: January 12, 2009.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. E9-2339 Filed 2-3-09; 8:45 am]

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