Drawbridge Operation Regulations; Intracoastal Waterway (ICW); Beach Thorofare, NJ, 12888-12889 [E8-4813]

Download as PDF 12888 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). 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 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will 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 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. yshivers on PROD1PC62 with RULES 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 VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 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 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 there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction because this rule involves drawbridge regulations. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (32)(e) of the Instruction, from further environmental documentation. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 List of Subjects in 33 CFR Part 117 Bridges. Words of Issuance and Regulatory Text For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: I PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: I Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. § 117.500 is revised to read as follows: I § 117.500 Tchefuncta River. The draw of the S22 Bridge, mile 2.5, at Madisonville, shall open on signal, from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw need only open on the hour and half hour, except that, from 6 a.m. to 9 a.m. and from 4 p.m. to 7 p.m. Monday through Friday except Federal holidays, the draw need only open on the hour. Dated: February 27, 2008. Joel R. Whitehead, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. E8–4818 Filed 3–10–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–0113] RIN 1625–AA–09 Drawbridge Operation Regulations; Intracoastal Waterway (ICW); Beach Thorofare, NJ Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Margate Bridge, at ICW mile 74.0, across Beach Thorofare at Margate, New Jersey. This deviation is necessary to make emergency structural steel repairs. DATES: This deviation is effective from 7 a.m. on March 1, 2008, to 11:59 p.m. on May 1, 2008. ADDRESSES: Materials referred to in this document are available for inspection or E:\FR\FM\11MRR1.SGM 11MRR1 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations 12889 copying at 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. The telephone number is (757) 398–6557. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. Dated: February 26, 2008. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E8–4813 Filed 3–10–08; 8:45 am] questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: BILLING CODE 4910–15–P Mrs. Sandra S. Elliott, Bridge Management Specialist, Fifth Coast Guard District, at (757) 398–6557. Coast Guard Regulatory Information On November 9, 2007, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Drawbridge Operation Regulations; Bonfouca Bayou, Slidell, LA’’ in the Federal Register (72 FR 63530) under docket number CGD08– 07–033. No public meeting was requested, and none was held. Concurrent with the publication of the Notice of Proposed Rulemaking concerning this schedule of operation, a Test Deviation was published on November 9, 2007, entitled ‘‘Drawbridge Operation Regulations; Bonfouca Bayou, Slidell, LA’’ in the Federal Register, (72 FR 63486) under docket number USCG 2007–0068, previously docket number CDG08–07–034. This test deviation was issued to allow the Louisiana Department of Transportation and Development to test the proposed schedule and to obtain data and public comments. This deviation is being cancelled upon this final rule going into effect because there have been no comments or complaints, and the new operating schedule will be permanent upon cancellation. This deviation from the operating regulations was authorized under 33 CFR 117.35. FOR FURTHER INFORMATION CONTACT: The subcontractor on behalf of the Margate Bridge Company, who owns and operates this double-leaf bascule drawbridge, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.5 that requires the bridge to open promptly and fully for the passage of vessels when a request to open is given. Margate Bridge has a vertical clearance in the closed position to vessels of 14 feet above mean high water (MHW). Under this temporary deviation, the drawbridge will provide partial openings of the lift spans for vessels. The emergency structural steel repairs require immobilizing half of the draw span to single-leaf operation each day, beginning 7 a.m. on Saturday, March 1, 2008, until and including 11:59 p.m. Thursday, May 1, 2008, with a work barge occupying one-half of the 58-foot wide channel under the bridge, so passage through the bridge will be limited to a 29-foot width for the duration of the project. The opposite connecting span while not under repair will continue to open for vessels if at least a half-hour advance notice is given to the bridge tender at (609) 822–9175 or via marine radio on channel 13 VHF. Also, mariners requiring the full opening of the lift spans or the full width of the channel under the bridge will be directed to use the Atlantic Ocean as the alternate route between Absecon and Great Egg Harbor Inlets. The Coast Guard will inform the users of the waterway through our Local and Broadcast Notices to Mariners of the partial openings 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. yshivers on PROD1PC62 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:22 Mar 10, 2008 Jkt 214001 DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 117 [Docket No. USCG–2007–0070] RIN 1625–AA09 Drawbridge Operation Regulation; Bonfouca Bayou, Slidell, LA Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is changing the regulation governing the operation of the State Route 433 (S433) Bridge across Bonfouca Bayou, mile 7.0, at Slidell, St. Tammany Parish, Louisiana and cancelling the test deviation presently in effect for this bridge. This change is being made in order to reduce the hours that the bridge must be manned during the period between 6 p.m. and 6 a.m., making more efficient use of operating resources. DATES: This rule is effective April 10, 2008. The test deviation, USCG–2007– 0068, published on November 9, 2007, old docket number CGD08–07–034, (72 FR 63486) is cancelled as of April 10, 2008. ADDRESSES: Comments and related materials received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket USCG–2007– 0070, previously published under docket number CGD08–07–033. The docket is available at http:// www.regulations.gov. This material is also available for inspection of 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 Office of the Commander, Eighth Coast Guard District, Bridge Administration Branch, 500 Poydras Street, Room 1313, New Orleans, LA 70130–3310 between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration Branch, telephone (504) 671–2128. If you have PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 Background and Purpose The Louisiana Department of Transportation and Development requested that the operating regulation on the S433 Bridge be changed in order to reduce the hours that the bridge must be manned during the period between 6 p.m. and 6 a.m., making more efficient use of operating resources. Currently 33 CFR 117.433 reads: The draw of the S433 Bridge, mile 7.0, at Slidell shall operate as follows: (a) The draw need not open for passage of vessels from 7 a.m. to 8 a.m. and from 1:45 p.m. to 2:45 p.m., Monday through Friday except Federal holidays. (b) The draw need open only on the hour and half-hour from 6 a.m. to 7 a.m. and from 3 p.m. to 6 p.m., Monday through Friday except Federal holidays. (c) The draw shall open on signal from 9 p.m. to 5 a.m., if at least four hours notice is given to the Louisiana Department of Transportation and Development Security Service at (504) 375–0100. (d) At all other times the draw shall open on signal. In order to reduce the hours that the bridge must be manned during the E:\FR\FM\11MRR1.SGM 11MRR1

Agencies

[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12888-12889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4813]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0113]
RIN 1625-AA-09


Drawbridge Operation Regulations; Intracoastal Waterway (ICW); 
Beach Thorofare, NJ

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 
Margate Bridge, at ICW mile 74.0, across Beach Thorofare at Margate, 
New Jersey. This deviation is necessary to make emergency structural 
steel repairs.

DATES: This deviation is effective from 7 a.m. on March 1, 2008, to 
11:59 p.m. on May 1, 2008.

ADDRESSES: Materials referred to in this document are available for 
inspection or

[[Page 12889]]

copying at 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. The telephone number is (757) 398-6557. Commander (dpb), 
Fifth Coast Guard District maintains the public docket for this 
temporary deviation.

FOR FURTHER INFORMATION CONTACT: Mrs. Sandra S. Elliott, Bridge 
Management Specialist, Fifth Coast Guard District, at (757) 398-6557.

SUPPLEMENTARY INFORMATION: The subcontractor on behalf of the Margate 
Bridge Company, who owns and operates this double-leaf bascule 
drawbridge, has requested a temporary deviation from the current 
operating regulations set out in 33 CFR 117.5 that requires the bridge 
to open promptly and fully for the passage of vessels when a request to 
open is given.
    Margate Bridge has a vertical clearance in the closed position to 
vessels of 14 feet above mean high water (MHW).
    Under this temporary deviation, the drawbridge will provide partial 
openings of the lift spans for vessels. The emergency structural steel 
repairs require immobilizing half of the draw span to single-leaf 
operation each day, beginning 7 a.m. on Saturday, March 1, 2008, until 
and including 11:59 p.m. Thursday, May 1, 2008, with a work barge 
occupying one-half of the 58-foot wide channel under the bridge, so 
passage through the bridge will be limited to a 29-foot width for the 
duration of the project. The opposite connecting span while not under 
repair will continue to open for vessels if at least a half-hour 
advance notice is given to the bridge tender at (609) 822-9175 or via 
marine radio on channel 13 VHF. Also, mariners requiring the full 
opening of the lift spans or the full width of the channel under the 
bridge will be directed to use the Atlantic Ocean as the alternate 
route between Absecon and Great Egg Harbor Inlets.
    The Coast Guard will inform the users of the waterway through our 
Local and Broadcast Notices to Mariners of the partial openings 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: February 26, 2008.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. E8-4813 Filed 3-10-08; 8:45 am]
BILLING CODE 4910-15-P