Drawbridge Operation Regulations; Intracoastal Waterway (ICW); Atlantic City, NJ, Air Show Event, 16761-16762 [E8-6475]

Download as PDF Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Rules and Regulations Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not 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. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 15:59 Mar 28, 2008 Jkt 214001 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. 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. Therefore, this rule is categorically excluded, under figure 2.1, paragraph (32)(e) of the Instruction, from further environmental documentation. Under figures 2–1, paragraph (32)(e), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. 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 PO 00000 Frm 00011 Fmt 4700 Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. From 7 a.m. on March 15, 2008, through 7 p.m. on December 31, 2008, § 117.287(d)(1) and § 117.287(d)(2) are temporarily suspended and temporary § 117.287(d)(5) and temporary § 117.287(d)(6) are added to read as follows: I § 117.287 Technical Standards Sfmt 4700 16761 Gulf Intracoastal Waterway. (d)(5) Cortez (SR 684) Bridge, mile 87.4. The draw shall open on signal; except that from 6 a.m. to 7 p.m., the draw shall open on the hour and halfhour. From September 29, 2008 to November 13, 2008, the Cortez Bridge will remain closed to navigation from 5:35 a.m. to 9:25 a.m., 1:35 p.m. to 4:25 p.m. and 8 p.m. to 4:25 a.m. At all other times, this bridge will open once an hour on the bottom of the hour. (6) The Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile 89.2. The draw shall open a single-leaf on signal; except that from 6 a.m. to 7 p.m., the draw shall open on the hour and halfhour. A double-leaf opening will be available with a one-hour notice to the bridge tender. From September 29, 2008 to November 13, 2008, the Anna Maria Bridge will remain closed to navigation from 6 a.m. to 9 a.m., 2 p.m. to 5 p.m. and 8 p.m. to 5 a.m., at all other times, this bridge will open once an hour on the top of the hour. * * * * * Dated: March 12, 2008. W.D. Lee, Captain, U.S. Coast Guard, Commander Seventh Coast Guard District, Acting. [FR Doc. E8–6483 Filed 3–28–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–0184] RIN 1625–AA09 Drawbridge Operation Regulations; Intracoastal Waterway (ICW); Atlantic City, NJ, Air Show Event Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the US40–322 (Albany E:\FR\FM\31MRR1.SGM 31MRR1 jlentini on PROD1PC65 with RULES 16762 Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Rules and Regulations Avenue) Bridge, at ICW mile 70.0, across Inside Thorofare at Atlantic City, NJ. This deviation is necessary to facilitate traffic control during the Atlantic City Air Show. This deviation will cause the bridge to be maintained in the closed-to-navigation position. DATES: This deviation is effective from 10 a.m. to 5 p.m. on August 20, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 0184 and are available online at http://www.regulations.gov. They are also available for inspection or copying at two locations: the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704–5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mrs. Sandra S. Elliott, Bridge Management Specialist, Fifth Coast Guard District, at (757) 398–6557. SUPPLEMENTARY INFORMATION: To facilitate traffic control for the Atlantic City Air Show, the US40–322 (Albany Avenue) Bridge will be maintained in the closed-to-navigation position from 10 a.m. to 5 p.m. on August 20, 2008. The Greater Atlantic City Chamber of Commerce on behalf of the bridge owner, the New Jersey Department of Transportation (NJDOT), has requested a temporary deviation for the current operating regulation set out in 33 CFR 117.733 (f) to close the US40–322 (Albany Avenue) Bridge to navigation for the sole purpose of traffic control before, during and after the Atlantic City Air Show display, scheduled for Wednesday, August 20, 2008, from 10 a.m. to 5 p.m. The US40–322 (Albany Avenue Bridge) at ICW mile 70.0, across Inside Thorofare at Atlantic City, NJ, a lift drawbridge, has a vertical clearance in the closed position to vessels of 10 feet, above mean high water. The current operating regulation set out in 33 CFR 117.733 (f) requires the draw shall open on signal except that: Year-round from 11 p.m. to 7 a.m. and from November 1 through March 31 from 3 p.m. to 11 p.m., the draw need only open if at least four hours notice is given; From June 1 through September 30: from 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m., the draw need only open on the hour and half VerDate Aug<31>2005 15:59 Mar 28, 2008 Jkt 214001 hour; and from 4 p.m. to 6 p.m., the draw need not open. During the event, vessel operators with mast height lower than 10 feet will continue to be able to transit through the drawbridge. The Atlantic Ocean is an alternate route for vessels with a mast height greater than 10 feet. The Coast Guard reviewed the bridge logs provided by NJDOT for August 2007 which revealed that vessel traffic is primarily recreational and the number of bridge openings on weekdays averages about three openings per day. In addition, qualified personnel will be on-site to open the drawbridge for vessels in the event of an emergency. The Coast Guard will inform the users of the waterway via maritime advisories of the closure period for the bridge so that vessels can arrange their transits to minimize any impact 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: March 19, 2008. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E8–6475 Filed 3–28–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2008–0174] Drawbridge Operation Regulations; Sacramento River, Rio Vista, CA, Drawbridge Maintenance Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Rio Vista Drawbridge across the Sacramento River, mile 12.8, at Rio Vista, CA. The deviation is necessary to allow the bridge owner, the California Department of Transportation (Caltrans), to conduct required maintenance of the drawspan. This deviation allows for a 4-hour notice for openings during nighttime. DATES: This deviation is effective between 9 p.m. and 5 a.m., from March 24, 2008 through April 24, 2008. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 0174 and are available online at http://www.regulations.gov. They are also available for inspection or copying 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 Commander (dpw), Eleventh Coast Guard District, Building 50–2, Coast Guard Island, Alameda, CA 94501– 5100, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. ADDRESSES: FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District, telephone (510) 437–3516. Caltrans requested a temporary change to the operation of the Rio Vista Drawbridge, mile 12.8, Sacramento River, at Rio Vista, CA. The Rio Vista Drawbridge navigation span provides a vertical clearance of 17 feet above Mean High Water in the closed-to-navigation position. The draw opens on signal as required by 33 CFR 117.5. Navigation on the waterway consists of both commercial and recreational vessels. The 4-hour notice for openings during the maintenance period, between 9 p.m. and 5 a.m., from March 24, 2008 through April 24, 2008, will allow Caltrans to clear the drawspan of maintenance equipment so as not to delay approaching vessels. This temporary deviation has been coordinated with all affected waterway users. No objections to the proposed temporary deviation were raised. Vessels that can transit the bridge, while in the closed-to-navigation position, may continue to do so at any time. 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. SUPPLEMENTARY INFORMATION: Dated: March 20, 2008. C.E. Bone, Rear Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard District. [FR Doc. E8–6473 Filed 3–28–08; 8:45 am] BILLING CODE 4910–15–P E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Rules and Regulations]
[Pages 16761-16762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6475]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0184]
RIN 1625-AA09


Drawbridge Operation Regulations; Intracoastal Waterway (ICW); 
Atlantic City, NJ, Air Show Event

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
US40-322 (Albany

[[Page 16762]]

Avenue) Bridge, at ICW mile 70.0, across Inside Thorofare at Atlantic 
City, NJ. This deviation is necessary to facilitate traffic control 
during the Atlantic City Air Show. This deviation will cause the bridge 
to be maintained in the closed-to-navigation position.

DATES: This deviation is effective from 10 a.m. to 5 p.m. on August 20, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0184 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at two locations: the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
the Fifth Coast Guard District, Federal Building, 1st Floor, 431 
Crawford Street, Portsmouth, VA 23704-5004 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION: To facilitate traffic control for the 
Atlantic City Air Show, the US40-322 (Albany Avenue) Bridge will be 
maintained in the closed-to-navigation position from 10 a.m. to 5 p.m. 
on August 20, 2008.
    The Greater Atlantic City Chamber of Commerce on behalf of the 
bridge owner, the New Jersey Department of Transportation (NJDOT), has 
requested a temporary deviation for the current operating regulation 
set out in 33 CFR 117.733 (f) to close the US40-322 (Albany Avenue) 
Bridge to navigation for the sole purpose of traffic control before, 
during and after the Atlantic City Air Show display, scheduled for 
Wednesday, August 20, 2008, from 10 a.m. to 5 p.m.
    The US40-322 (Albany Avenue Bridge) at ICW mile 70.0, across Inside 
Thorofare at Atlantic City, NJ, a lift drawbridge, has a vertical 
clearance in the closed position to vessels of 10 feet, above mean high 
water. The current operating regulation set out in 33 CFR 117.733 (f) 
requires the draw shall open on signal except that: Year-round from 11 
p.m. to 7 a.m. and from November 1 through March 31 from 3 p.m. to 11 
p.m., the draw need only open if at least four hours notice is given; 
From June 1 through September 30: from 9 a.m. to 4 p.m. and from 6 p.m. 
to 9 p.m., the draw need only open on the hour and half hour; and from 
4 p.m. to 6 p.m., the draw need not open.
    During the event, vessel operators with mast height lower than 10 
feet will continue to be able to transit through the drawbridge. The 
Atlantic Ocean is an alternate route for vessels with a mast height 
greater than 10 feet.
    The Coast Guard reviewed the bridge logs provided by NJDOT for 
August 2007 which revealed that vessel traffic is primarily 
recreational and the number of bridge openings on weekdays averages 
about three openings per day. In addition, qualified personnel will be 
on-site to open the drawbridge for vessels in the event of an 
emergency.
    The Coast Guard will inform the users of the waterway via maritime 
advisories of the closure period for the bridge so that vessels can 
arrange their transits to minimize any impact 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: March 19, 2008.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District..
[FR Doc. E8-6475 Filed 3-28-08; 8:45 am]
BILLING CODE 4910-15-P