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Drawbridge Operation Regulations; New Jersey Intracoastal Waterway (NJICW), Grassy Sound Channel, Great Channel, and Townsend Inlet, NJ
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 29, 2006 (Volume 71, Number 125)]
[Proposed Rules]
[Page 37022-37024]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn06-18]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulations of four Cape May County Bridge Commission (CMCBC) 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 proposal
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: Comments and related material must reach the Coast Guard on or
before August 14, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA 23704-5004. The 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
Commander (dpb), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
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, CGD05-06-
045, 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 a return
receipt, please enclose a stamped, self-addressed postcard or envelope.
We will consider all submittals 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 Commander (dpb), Fifth Coast Guard
District at the address 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
On behalf of the Ocean Drive Run Club, Inc., (Ocean Drive RC),
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
proposal 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
proposal 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
proposal 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
proposal 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 the proposed 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
[[Page 37023]]
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 Proposed Rule
Great Channel
This proposed 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 Sec. 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 Sunday used as the alternate day, if the
fourth Sunday falls on a religious holiday.
Grassy Sound Channel
This proposed 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 proposed rule amends 33 CFR 117.733 by redesignating paragraph
(k) as paragraph (m) and adding new 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 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. 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 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 the proposed 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 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 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 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 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.
[[Page 37024]]
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 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 made a preliminary determination 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, we believe that this proposed rule
should be categorically excluded, under figure 2-1, paragraph (32)(e)
of the Instruction, from further environmental documentation. Under
figure 2-1, paragraph (32)(e), of the Instruction, an ``Environmental
Analysis Check List'' is not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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; 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.
2. Section 117.720 is amended 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.
3. Section 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.
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]
5. Redesignate Sec. 117.757 as Sec. 117.758.
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: June 16, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-10249 Filed 6-28-06; 8:45 am]
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