Drawbridge Operation Regulations; Corson Inlet, New Jersey Intracoastal Waterway (NJICW), Townsend Inlet, NJ, 57904-57907 [E7-19949]
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Federal Register / Vol. 72, No. 196 / Thursday, October 11, 2007 / Proposed Rules
TABLE 110.224(D)(1)
Anchorage No.
General location
Purpose
Specific regulations
4 ...........................................................
5 ...........................................................
6 ...........................................................
7 ...........................................................
8 ...........................................................
8A .........................................................
9 ...........................................................
10 .........................................................
12 .........................................................
13 .........................................................
14 .........................................................
18 .........................................................
19 .........................................................
20 .........................................................
21 .........................................................
22 .........................................................
23 .........................................................
24 .........................................................
26 .........................................................
27 .........................................................
28 .........................................................
30 .........................................................
San Francisco Bay .............................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
San Pablo Bay ...................................
......do ..................................................
......do ..................................................
......do ..................................................
Carquinez Strait ..................................
Benicia ................................................
Carquinez Strait ..................................
Suisun Bay .........................................
......do ..................................................
San Joaquin River ..............................
......do ..................................................
General ...............................................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
......do ..................................................
Naval ..................................................
Explosives ..........................................
......do ..................................................
......do ..................................................
General.
......do ..................................................
......do.
Naval.
General.
General ...............................................
General ...............................................
......do ..................................................
......do.
......do.
Explosives.
Notes a,
Do.
Note a.
Notes a,
Notes a,
Notes a,
Notes a,
Note a.
Notes a,
Notes a,
Notes a,
b.
b,
b,
b,
b,
c, d, e.
c.
c, d, e, j, n.
m.
f.
e, g.
f, h.
Note b.
Notes c, d, e, l.
Note j.
Note k.
Notes: * * *
n. This temporary anchorage will be activated by VTS San Francisco when Anchorages 8 and 9 are at capacity and additional anchorage capacity in the vicinity of Alameda is required. VTS will notify a vessel that this temporary anchorage is activated and available for use when Anchorages 8 and 9 are full, and a vessel requests permission from VTS to anchor in Anchorage 8 or 9.
(e) Boundaries. * * *
(6) Anchorage No. 8A. In San
Francisco Bay bounded by the following
lines: Beginning at latitude 37°47′35″ N
and longitude 122°21′50″ W; thence
south-southwesterly to latitude
37°47′07″ N and longitude 122°22′09″
W; thence south-southeasterly to
latitude 37°46′30″ N and longitude
122°21′57″ W; thence easterly along the
northern border of anchorage 9 to
latitude 37°46′26″ N and longitude
122°20′42″ W; thence northerly to
latitude 37°46′38″ N and longitude
122°20′42″ W; thence westerly along the
southern border of anchorage 8 to
latitude 37°46′41″ N and longitude
122°21′23″ W; thence northwesterly
along the southwestern border of
anchorage 8 back to the beginning point
(NAD 83).
*
*
*
*
*
Dated: August 15, 2007.
C.E. Bone,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. E7–19995 Filed 10–10–07; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–07–093]
RIN 1625–AA09
Drawbridge Operation Regulations;
Corson Inlet, New Jersey Intracoastal
Waterway (NJICW), Townsend Inlet, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
change the drawbridge operation
regulations of four Cape May County
Bridge Commission (the Commission)
bridges: The Corson Inlet Bridge, at mile
0.9, at Strathmere; the Stone Harbor
Boulevard Bridge, at NJICW mile 102.0,
across Great Channel at Stone Harbor;
the Two-Mile Bridge, at NJICW mile
112.2, across Middle Thorofare in
Wildwood Crest; and the Townsend
Inlet Bridge, at mile 0.3 in Avalon, NJ.
This proposal would allow the
drawbridges to operate on an advance
notice basis on particular dates at
particular times during holidays in
December of every year. This proposal
would allow the draw tenders to spend
the holiday with their families while
still providing for the reasonable needs
of navigation.
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Comments and related material
must reach the Coast Guard on or before
November 26, 2007.
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:
Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard
District, at (757) 398–6222.
SUPPLEMENTARY INFORMATION:
DATES:
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 CGD05–07–093,
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 81⁄2 by 11 inches,
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Federal Register / Vol. 72, No. 196 / Thursday, October 11, 2007 / Proposed Rules
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.
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Background and Purpose
The owner of the drawbridges, the
Cape May County Bridge Commission
(the Commission), requested changes to
the operating regulations for the four
drawbridges to allow them to operate on
an advance notice basis at different
times on Christmas Eve, Christmas Day
and the day after Christmas of every
year.
Over the years, the Commission had
difficulty during the Christmas holiday
in staffing their drawbridges: The
Corson Inlet Bridge, at mile 0.9, at
Strathmere; the Stone Harbor Boulevard
Bridge, at NJICW mile 102.0, across
Great Channel at Stone Harbor; the TwoMile Bridge at NJICW mile 112.2, across
Middle Thorofare in Wildwood Crest;
and the Townsend Inlet Bridge, at mile
0.3 in Avalon.
In the past six years, the Commission
has received written authorization from
the Coast Guard that allowed the
drawbridges to operate on a two-hour
advance notice for vessel openings at
designated times on Christmas Eve,
Christmas Day and the day after
Christmas that allowed the draw tenders
to spend the holiday with their families
while still providing for the reasonable
needs of navigation.
A review of the bridge logs supplied
by the Commission for the affected
drawbridges reveals that they have not
received any requests nor performed
any bridge openings on Christmas Eve,
Christmas Day or the day after
Christmas for at least the previous nine
years.
The Cape May County Bridge
Commission Department of Public
Works currently maintains a 24-hour
telephone at (609) 368–4591 to request
bridge openings. Qualified personnel
will be on-call and ready for dispatch
with two-hour advance notice for the
following drawbridges:
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Corson Inlet
Discussion of Proposed Rule
The Corson Inlet Bridge, mile 0.9, at
Strathmere has a vertical clearance of 15
feet above mean high water (MHW) and
18 feet above mean low water (MLW) in
the closed position to vessels. The
existing operating regulations are set out
in 33 CFR 117.714. The Commission
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 12:01
a.m. on December 25 until and
including 6 a.m. on December 26 of
every year.
Corson Inlet
New Jersey Intracoastal Waterway
New Jersey Intracoastal Waterway
The Stone Harbor Boulevard Bridge,
at NJICW mile 102.0, across Great
Channel at Stone Harbor has a vertical
clearance of 15 feet above MHW and 11
feet above MLW in the closed position
to vessels. The existing operating
regulations are set out in 33 CFR
117.733(i). The Commission 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 10 p.m. on
December 24 until and including 6 a.m.
on December 26 of every year.
The Two-Mile Bridge, at NJICW mile
112.2, across Middle Thorofare in
Wildwood Crest has a vertical clearance
of 23 feet above MHW and 27 feet above
MLW. The existing regulations are set
out in 33 CFR 117.733(k). The
Commission 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 10:30 p.m. on December 24
until and including 10:30 p.m. on
December 25 of every year.
This proposed rule amends 33 CFR
117.733 by revising paragraph (i), which
details the operating regulations for the
Stone Harbor Boulevard Bridge at
NJICW mile 102.0, across Great Channel
at Stone Harbor.
A new paragraph will be added at
§ 117.733(i)(3) to read that the draw
shall open on signal from 10 p.m. on
December 24 until 6 a.m. on December
26 if at least two hours notice is given.
This proposed rule also amends 33
CFR 117.733 by revising paragraph (k),
which details the operating regulations
for the Two-Mile Bridge, at NJICW mile
112.2, across Middle Thorofare in
Wildwood Crest.
Paragraph (k) would state that the
draw shall open on signal except: (1)
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;
and (2) from 10:30 p.m. on December 24
until and including 10:30 p.m. on
December 26, the draw need open only
if at least two hours notice is given.
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 regulations are set out in 33
CFR 117.757. The Commission
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 11 p.m.
on December 24 until and including 11
p.m. on December 25 of every year.
The Coast Guard believes that all of
the proposed changes are reasonable
because the drawbridges would still
open on Christmas Eve, Christmas Day,
and the day after Christmas, as
applicable, after the advance notice is
given.
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The proposed rule amends 33 CFR
117.714 by revising the operating
regulations by extending the two-hour
notice period in effect during the off
season to include all of Christmas Day.
The proposal would read as follows:
The draw of the Corson Inlet Bridge,
mile 0.9, at Strathmere, shall open on
signal: Except, that from October 1
through May 15 from 10 p.m. to 6 a.m.,
and from 6 a.m. to 10 p.m. on December
25, the draw need open only if at least
two hours notice is given.
Townsend Inlet
The proposed rule amends 33 CFR
117.757 by revising the operating
regulations to read as follows: The draw
of Townsend Inlet Bridge, mile 0.3 in
Avalon, shall open on signal except: (1)
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; and (2)
from 11 p.m. on December 24 until 11
p.m. on December 25, the draw need
open only if at least two hours notice is
given.
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Federal Register / Vol. 72, No. 196 / Thursday, October 11, 2007 / Proposed Rules
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, and
vessels that can pass under the bridges
without a bridge opening may do so at
all times.
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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, mariners who plan their
transits in accordance with the
scheduled bridge openings can
minimize delay and vessels that can
pass under the bridges without a bridge
opening may do so at all times.
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.
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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.
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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.
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Federal Register / Vol. 72, No. 196 / Thursday, October 11, 2007 / Proposed Rules
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.1D 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 rule should be categorically
excluded, under figure 2–1, (32)(e), of
the Instruction, from further
environmental documentation. Under
figure 2–1, paragraph (32)(e), an
‘‘Environmental Analysis Check List’’ or
‘‘Categorical Exclusion Determination’’
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.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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.
(2) From 10:30 p.m. on December 24
until 10:30 p.m. on December 26, the
draw need open only if at least two
hours notice is given.
*
*
*
*
*
4. § 117.757 is revised to read as
follows:
§ 117.757
Townsend Inlet
The draw of Townsend Inlet Bridge,
mile 0.3 in Avalon, shall open on signal
except:
(1) 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.
(2) From 11 p.m. on December 24
until 11 p.m. on December 25, the draw
need open only if at least two hours
notice is given.
Dated: September 28, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–19949 Filed 10–10–07; 8:45 am]
BILLING CODE 4910–15–P
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).
2. Revise § 117.714 to read as follows:
§ 117.714
The draw of the Corson Inlet Bridge,
mile 0.9, at Strathmere, shall open on
signal; except that from October 1
through May 15 from 10 p.m. to 6 a.m.,
and from 6 a.m. to 10 p.m. on December
25, the draw need open only if at least
two hours notice is given.
3. Section 117.733 is amended by
adding a new paragraph (i)(3) and
revising paragraph (k) to read as follows:
§ 117.733 New Jersey Intracoastal
Waterway.
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*
*
*
*
*
(i) * * *
(3) From 10 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.
(k) The draw of Two-Mile Bridge,
mile 112.2, across Middle Thorofare in
Wildwood Crest, shall open on signal
except:
(1) From 9:15 a.m. to 10:30 a.m. on
the fourth Sunday in March of every
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40 CFR Part 52
[EPA–R08–OAR–2007–0656; FRL–8479–8]
Corson Inlet
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ENVIRONMENTAL PROTECTION
AGENCY
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Approval and Promulgation of Air
Quality Implementation Plans; State of
South Dakota; Revisions to the
Administrative Rules of South Dakota
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the State of South
Dakota on August 8, 2006. The August
8, 2006 submittal revises the
Administrative Rules of South Dakota,
Air Pollution Control Program, by
modifying the chapters pertaining to
definitions, ambient air quality, air
quality episodes, operating permits for
minor sources, performance testing,
control of visible emissions, and
continuous emission monitoring
systems. The intended effect of this
action is to make these revisions
federally enforceable. We are also
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57907
announcing that on July 19, 2007, we
updated the delegation of authority for
the implementation and enforcement of
the New Source Performance Standards
to the State of South Dakota. These
actions are being taken under sections
110 and 111 of the Clean Air Act.
In the ‘‘Rules and Regulations’’
section of this Federal Register, EPA is
approving the State’s SIP revision as a
direct final rule without prior proposal
because the Agency views this as a
noncontroversial SIP revision and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the preamble to the direct final
rule. If EPA receives no adverse
comments, EPA will not take further
action on this proposed rule. If EPA
receives adverse comments, EPA will
withdraw the direct final rule and it will
not take effect. EPA will address all
public comments in a subsequent final
rule based on this proposed rule. EPA
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
DATES: Written comments must be
received on or before November 13,
2007.
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2007–0656, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: dygowski.laurel@epa.gov
and ostrand.laurie@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Director, Air and Radiation
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Director, Air and
Radiation Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. Such
deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays. Special
arrangements should be made for
deliveries of boxed information. Please
see the direct final rule which is located
in the Rules Section of this Federal
ADDRESSES:
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[Federal Register Volume 72, Number 196 (Thursday, October 11, 2007)]
[Proposed Rules]
[Pages 57904-57907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19949]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-07-093]
RIN 1625-AA09
Drawbridge Operation Regulations; Corson Inlet, New Jersey
Intracoastal Waterway (NJICW), 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 (the Commission)
bridges: The Corson Inlet Bridge, at mile 0.9, at Strathmere; the Stone
Harbor Boulevard Bridge, at NJICW mile 102.0, across Great Channel at
Stone Harbor; the Two-Mile Bridge, at NJICW mile 112.2, across Middle
Thorofare in Wildwood Crest; and the Townsend Inlet Bridge, at mile 0.3
in Avalon, NJ. This proposal would allow the drawbridges to operate on
an advance notice basis on particular dates at particular times during
holidays in December of every year. This proposal would allow the draw
tenders to spend the holiday with their families while still providing
for the reasonable needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before November 26, 2007.
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: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
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 CGD05-07-
093, 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,
[[Page 57905]]
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
The owner of the drawbridges, the Cape May County Bridge Commission
(the Commission), requested changes to the operating regulations for
the four drawbridges to allow them to operate on an advance notice
basis at different times on Christmas Eve, Christmas Day and the day
after Christmas of every year.
Over the years, the Commission had difficulty during the Christmas
holiday in staffing their drawbridges: The Corson Inlet Bridge, at mile
0.9, at Strathmere; the Stone Harbor Boulevard Bridge, at NJICW mile
102.0, across Great Channel at Stone Harbor; the Two-Mile Bridge at
NJICW mile 112.2, across Middle Thorofare in Wildwood Crest; and the
Townsend Inlet Bridge, at mile 0.3 in Avalon.
In the past six years, the Commission has received written
authorization from the Coast Guard that allowed the drawbridges to
operate on a two-hour advance notice for vessel openings at designated
times on Christmas Eve, Christmas Day and the day after Christmas that
allowed the draw tenders to spend the holiday with their families while
still providing for the reasonable needs of navigation.
A review of the bridge logs supplied by the Commission for the
affected drawbridges reveals that they have not received any requests
nor performed any bridge openings on Christmas Eve, Christmas Day or
the day after Christmas for at least the previous nine years.
The Cape May County Bridge Commission Department of Public Works
currently maintains a 24-hour telephone at (609) 368-4591 to request
bridge openings. Qualified personnel will be on-call and ready for
dispatch with two-hour advance notice for the following drawbridges:
Corson Inlet
The Corson Inlet Bridge, mile 0.9, at Strathmere has a vertical
clearance of 15 feet above mean high water (MHW) and 18 feet above mean
low water (MLW) in the closed position to vessels. The existing
operating regulations are set out in 33 CFR 117.714. The Commission
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
12:01 a.m. on December 25 until and including 6 a.m. on December 26 of
every year.
New Jersey Intracoastal Waterway
The Stone Harbor Boulevard Bridge, at NJICW mile 102.0, across
Great Channel at Stone Harbor has a vertical clearance of 15 feet above
MHW and 11 feet above MLW in the closed position to vessels. The
existing operating regulations are set out in 33 CFR 117.733(i). The
Commission 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 10 p.m. on December 24 until and including 6 a.m. on
December 26 of every year.
The Two-Mile Bridge, at NJICW mile 112.2, across Middle Thorofare
in Wildwood Crest has a vertical clearance of 23 feet above MHW and 27
feet above MLW. The existing regulations are set out in 33 CFR
117.733(k). The Commission 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 10:30 p.m. on December 24 until and
including 10:30 p.m. on December 25 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 regulations are set out in 33 CFR
117.757. The Commission 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 11 p.m. on December 24 until and
including 11 p.m. on December 25 of every year.
The Coast Guard believes that all of the proposed changes are
reasonable because the drawbridges would still open on Christmas Eve,
Christmas Day, and the day after Christmas, as applicable, after the
advance notice is given.
Discussion of Proposed Rule
Corson Inlet
The proposed rule amends 33 CFR 117.714 by revising the operating
regulations by extending the two-hour notice period in effect during
the off season to include all of Christmas Day. The proposal would read
as follows: The draw of the Corson Inlet Bridge, mile 0.9, at
Strathmere, shall open on signal: Except, that from October 1 through
May 15 from 10 p.m. to 6 a.m., and from 6 a.m. to 10 p.m. on December
25, the draw need open only if at least two hours notice is given.
New Jersey Intracoastal Waterway
This proposed rule amends 33 CFR 117.733 by revising paragraph (i),
which details the operating regulations for the Stone Harbor Boulevard
Bridge at NJICW mile 102.0, across Great Channel at Stone Harbor.
A new paragraph will be added at Sec. 117.733(i)(3) to read that
the draw shall open on signal from 10 p.m. on December 24 until 6 a.m.
on December 26 if at least two hours notice is given.
This proposed rule also amends 33 CFR 117.733 by revising paragraph
(k), which details the operating regulations for the Two-Mile Bridge,
at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest.
Paragraph (k) would state that the draw shall open on signal
except: (1) 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; and
(2) from 10:30 p.m. on December 24 until and including 10:30 p.m. on
December 26, the draw need open only if at least two hours notice is
given.
Townsend Inlet
The proposed rule amends 33 CFR 117.757 by revising the operating
regulations to read as follows: The draw of Townsend Inlet Bridge, mile
0.3 in Avalon, shall open on signal except: (1) 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; and (2) from 11 p.m. on December 24 until 11
p.m. on December 25, the draw need open only if at least two hours
notice is given.
[[Page 57906]]
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,
and vessels that can pass under the bridges without a bridge opening
may do so at all times.
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, mariners who plan
their transits in accordance with the scheduled bridge openings can
minimize delay and vessels that can pass under the bridges without a
bridge opening may do so at all times.
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.
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.
[[Page 57907]]
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D 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 rule should
be categorically excluded, under figure 2-1, (32)(e), of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), an ``Environmental Analysis Check List'' or
``Categorical Exclusion Determination'' 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.
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).
2. Revise Sec. 117.714 to read as follows:
Sec. 117.714 Corson Inlet
The draw of the Corson Inlet Bridge, mile 0.9, at Strathmere, shall
open on signal; except that from October 1 through May 15 from 10 p.m.
to 6 a.m., and from 6 a.m. to 10 p.m. on December 25, the draw need
open only if at least two hours notice is given.
3. Section 117.733 is amended by adding a new paragraph (i)(3) and
revising paragraph (k) to read as follows:
Sec. 117.733 New Jersey Intracoastal Waterway.
* * * * *
(i) * * *
(3) From 10 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.
(k) The draw of Two-Mile Bridge, mile 112.2, across Middle
Thorofare in Wildwood Crest, shall open on signal except:
(1) 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.
(2) From 10:30 p.m. on December 24 until 10:30 p.m. on December 26,
the draw need open only if at least two hours notice is given.
* * * * *
4. Sec. 117.757 is revised 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:
(1) 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.
(2) From 11 p.m. on December 24 until 11 p.m. on December 25, the
draw need open only if at least two hours notice is given.
Dated: September 28, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-19949 Filed 10-10-07; 8:45 am]
BILLING CODE 4910-15-P
