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Drawbridge Operating Regulation; Great Channel Between Stone Harbor and Nummy Island, NJ
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 11, 2003 (Volume 68, Number 112)]
[Proposed Rules]
[Page 34877-34879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn03-35]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-03-050]
RIN 1625-AA09
Drawbridge Operating Regulation; Great Channel Between Stone
Harbor and Nummy Island, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the regulations
that govern the operation of the County of Cape May Bridge across Great
Channel at mile 0.7 between Stone Harbor and Nummy Island, New Jersey.
The bridge area would be closed to navigation beginning 8 a.m. on
October 15, 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: Comments and related material must reach the Coast Guard on or
before August 11, 2003.
ADDRESSES: You may mail comments and related material to Commander
(Oan-b), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 431 at the same address
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6334. The Commander (Oan-b), Fifth
Coast Guard District maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the above address between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Linda Bonenberger, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6227.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-03-
050), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address listed under ADDRESSES
explaining 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
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 at 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.
[[Page 34878]]
Agate Construction Company, on behalf of CMC, has requested a
temporary change to 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 would 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 bridge logs revealed only two openings were provided each year,
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 land-locked 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. We contacted the local
Coast Guard unit (USCG Marine Safety Office Philadelphia) of the
bridge's temporary inability to open for vessels and they did not
object. Therefore, vessels should not be negatively impacted by this
proposal.
Discussion of Proposed Temporary Rule
The Coast Guard proposes to temporarily amend 33 CFR 117.720 by
inserting a new provision allowing the bridge to remain closed to
navigation from 8 a.m. on October 15, 2003, to 11 p.m. on May 14, 2004.
Upon completion of repairs, the bridge will return to the current
operating schedule.
Regulatory Evaluation
This proposed temporary 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 proposed temporary 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 proposed temporary 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
temporary rule would not have a significant economic impact on a
substantial number of small entities.
The proposed temporary rule would 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed
temporary 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 proposed temporary rule would
economically affect it.
Assistance for Small Entities
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 temporary 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.
Collection of Information
This proposed temporary rule would call for no new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3502).
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
temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on
[[Page 34879]]
how this proposed temporary rule might impact tribal governments, even
if that impact may not constitute a ``tribal implication'' under the
Order.
Energy Effects
We have analyzed this proposed temporary 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 Information and Regulatory Affairs as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed
temporary rule and concluded that, under figure 2-1, paragraph (32)
(e), of Commandant Instruction M16475.1D, this rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to temporarily 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; Department of Homeland Security
Delegation No. 0170; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From October 15, 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 15, 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 be opened for the passage of vessels.
Dated: June 3, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-14799 Filed 6-10-03; 8:45 am]
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