Drawbridge Operation Regulations; Great Egg Harbor Bay, Between Beesleys Point and Somers Point, NJ, 30031-30034 [E9-14747]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules
they represent, if applicable, and their
address in their comments.
32. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
33. Commenters unable to file
electronically must send an original and
14 copies of their comments to: Federal
Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street, NE., Washington, DC 20426.
34. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9–14783 Filed 6–23–09; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0453]
RIN 1625–AA09
Drawbridge Operation Regulations;
Great Egg Harbor Bay, Between
Beesleys Point and Somers Point, NJ
16:32 Jun 23, 2009
Jkt 217001
Coast Guard District, telephone 757–
398–6557, e-mail
Sandra.S.Elliott@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
AGENCY:
Submitting Comments
ACTION:
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0453),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand delivery, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a phone number in the body
of your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0453’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than, 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit them by mail and
would like to know that they reached
the Facility, please enclose a stamped,
self-addressed postcard or envelope. We
will consider all comments and material
received during the comment period
and may change the rule based on your
comments.
Coast Guard, DHS.
Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to
change the regulations that govern the
operation of the US Route 9/Beesleys
Point Bridge over Great Egg Harbor Bay,
at mile 3.5, between Beesleys Point and
Somers Point, NJ. This proposal would
allow the drawbridge to operate on an
VII. Document Availability
advance notice basis during specific
35. In addition to publishing the full
dates and times of the year. The
text of this document in the Federal
proposed change would result in more
Register, the Commission provides all
efficient use of the bridge during dates
interested persons an opportunity to
and times of infrequent transit.
view and/or print the contents of this
DATES: Comments and related material
document via the Internet through
must be received by the Coast Guard on
FERC’s Home Page (https://www.ferc.gov) or before August 10, 2009.
and in FERC’s Public Reference Room
ADDRESSES: You may submit comments
during normal business hours (8:30 a.m.
identified by docket number USCG–
to 5 p.m. Eastern time) at 888 First
2009–0453 using any one of the
Street, NE., Room 2A, Washington, DC
following methods:
20426.
(1) Federal Rulemaking Portal:
36. From FERC’s Home Page on the
https://www.regulations.gov.
Internet, this information is available on
(2) Fax: 202–493–2251.
eLibrary. The full text of this document
(3) Mail: Docket Management Facility
is available on eLibrary in PDF and
(M–30), U.S. Department of
Microsoft Word format for viewing,
Transportation, West Building Ground
printing, and/or downloading. To access Floor, Room W12–140, 1200 New Jersey
this document in eLibrary, type the
Avenue, SE., Washington, DC 20590–
docket number excluding the last three
0001.
digits of this document in the docket
(4) Hand delivery: Same as mail
number field.
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
37. User assistance is available for
eLibrary and the FERC’s Web site during Federal holidays. The telephone number
is 202–366–9329.
normal business hours from FERC
To avoid duplication, please use only
Online Support at 202–502–6652 (toll
one of these methods. See the ‘‘Public
free at 1–866–208–3676) or e-mail at
Participation and Request for
ferconlinesupport@ferc.gov, or the
Comments’’ portion of the
Public Reference Room at (202) 502–
SUPPLEMENTARY INFORMATION section
8371, TTY (202)502–8659. E-mail the
below for instructions on submitting
Public Reference Room at
comments.
public.referenceroom@ferc.gov.
FOR FURTHER INFORMATION CONTACT: If
List of Subjects in 18 CFR Part 40
you have questions on this proposed
Electric power; Reporting and
rule, call or e-mail Sandra S. Elliott,
recordkeeping requirements.
Bridge Administration Branch, Fifth
VerDate Nov<24>2008
30031
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
E:\FR\FM\24JNP1.SGM
24JNP1
30032
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2009–0453 in the Docket ID column.
You may visit either the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain 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 Cape May County Department of
Public Works (The County) is
responsible for the operation of the U.S.
Route 9 Bridge, at mile 3.5, across Great
Egg Harbor Bay, between Beesleys Point
and Somers Point, NJ. The County
requested advance notification for
vessel openings during specific dates
and times of the year due to the
infrequency of requests for vessel
openings of the drawbridge.
The U.S. Route 9/Beesleys Point
Bridge has a vertical clearance of eight
feet above mean high water in the
closed-to-navigation position. The
existing operating schedule is set out in
33 CFR 117.5, which requires the
drawbridge to open promptly and fully
for the passage of vessels when a request
to open is given.
Bridge opening data, supplied by the
County, revealed minimal requests for
vessel openings during periods of time
that the County desires to have the
bridge unmanned. The numbers of
openings vary from a high number of
openings during the summer months
and a low number of openings during
the winter season. Similarly, there are
very few opening during the hours of
darkness. (See Table)
IN-SEASON BRIDGE OPENINGS—MAY 15 TO SEPTEMBER 30
2003
2005
2006
2007
2008
5
5
25
6
10
22
6
7
16
4
10
22
4
10
18
0
4
18
2003
12 a.m. to 6 a.m ..........................................................................................................................
10 p.m. to 6 a.m ..........................................................................................................................
8 p.m. to 6 a.m ............................................................................................................................
2004
2004
2005
2006
2007
2008
2
4
5
5
5
5
4
8
11
1
1
3
5
5
7
5
9
10
OFF-SEASON BRIDGE OPENINGS—OCTOBER 1 TO MAY 14
12 a.m. to 6 a.m ..........................................................................................................................
10 p.m. to 6 a.m ..........................................................................................................................
8 p.m. to 6 a.m ............................................................................................................................
Due to the anticipated infrequency of
requests for vessel openings of the
drawbridge during these specific times
and dates, the County requested to
change the current operating regulation
by requiring the draw of the bridge to
open on signal, except from October 1
to May 14 from 8 p.m. to 6 a.m., and
from May 15 to September 30 from 10
p.m. to 6 a.m., need open only if at least
two hours notice is given.
The County requests an additional
change to the operating regulations to
allow the U.S. Route 9/Beesleys Point
Bridge to operate on an advance notice
on December 24 through December 26 of
every year.
A review of the bridge logs supplied
by the County for the past six years
revealed that they have provided only
one vessel opening within that time
frame. The County 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 8 p.m. on December 24 until
VerDate Nov<24>2008
16:32 Jun 23, 2009
Jkt 217001
and including 6 a.m. on December 26 of
every year. This advance notice request
coincides with other drawbridges
operated by the County for the same
dates in December.
The Coast Guard believes that all of
the proposed changes are reasonable
because the drawbridge would still open
during specific dates and times after the
advance notice is given.
The County will install a sign on both
faces of the bascule span indicating the
hours of operations and a two-hour
advance notice when the bridge is
unmanned. The sign would also list the
County Public Works Department 24hour telephone number at (609) 368–
4591.
Discussion of Proposed Rule
The Coast Guard proposes to insert
new regulations at 33 CFR § 117.722.
The draw shall open on signal, except
from October 1 through May 14 from 8
p.m. to 6 a.m., from May 15 through
September 30, from 10 p.m. to 6 a.m.,
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
and from 8 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.
The proposed change would result in
more efficient use of the bridge during
dates and times of infrequent transit.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analysis based
on 13 of these statues or executive
orders.
Regulatory Planning and Review
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.
E:\FR\FM\24JNP1.SGM
24JNP1
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation 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 proposed
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 affect the
following entities, some of which might
be small entities: The owners or
operators of vessels needing to transit
the bridge from October 1 to May 14
from 8 p.m. to 6 a.m., from May 15 to
September 30 from 10 p.m. to 6 a.m.,
and from 8 p.m. on December 24 until
6 a.m. on December 26.
This action will 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 proposed
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
VerDate Nov<24>2008
16:32 Jun 23, 2009
Jkt 217001
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 proposed 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.
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
30033
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 Department of Homeland
Security Management Directive 0023.1,
and 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 made a preliminary determination
that this action is one of a category of
actions which do no individually or
E:\FR\FM\24JNP1.SGM
24JNP1
30034
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules
cumulatively have a significant effect on
the human environment because it
simply promulgates the operating
regulations or procedures for
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
Great Egg Harbor Bay.
The draw of the US Route 9/Beesleys
Point Bridge, mile 3.5, shall open on
signal, except from October 1 to May 14
from 8 p.m. to 6 a.m., from May 15 to
September 30 from 10 p.m. to 6 a.m.,
and from 8 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.
Dated:June 8,2009.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard
Commander, Fifth Coast Guard District.
[FR Doc. E9–14747 Filed 6–23–09; 8:45 am]
BILLING CODE 4910–15–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–1250; MB Docket No. 09–83; RM–
11532].
Radio Broadcasting Services; Dubois,
WY
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: This document sets forth a
proposal to amend the FM Table of
Allotments, Section 73.202(b) of the
Commission’s rules, 47 CFR 73.202(b).
The Commission requests comment on
a petition filed by Lorenz E. Proietti.
Petitioner proposes the allotment of FM
Channel 242C2 at Dubois, Wyoming, as
a first local service. Channel 242C2 can
be allotted at Dubois in compliance with
VerDate Nov<24>2008
16:32 Jun 23, 2009
Jkt 217001
List of Subjects in 47 CFR Part 73
DATES: Comments must be filed on or
before July 27, 2009, and reply
comments on or before August 11, 2009.
PART 73—RADIO BROADCAST
SERVICES
Federal Communications
Commission, Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve
petitioner’s counsel as follows: A. Wray
Fitch, III, Esq., Gammon & Grange, P.C.,
8280 Greensboro Drive, Seventh Floor,
McLean, Virginia 22102–3807.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Deborah A. Dupont, Media Bureau (202)
418–7072.
This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
09–83, adopted June 3, 2009, and
released June 5, 2009. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the FCC
Reference Information Center (Room
CY–A257), 445 12th Street, SW.,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, (800) 378–3160,
or via the company’s Web site, https://
www.bcpiweb.com. This document does
not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
The Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding. Members of the public
should note that from the time a Notice
of Proposed Rule Making is issued until
the matter is no longer subject to
Commission consideration or court
review, all ex parte contacts are
prohibited in Commission proceedings,
such as this one, which involve channel
allotments. See 47 CFR 1.1204(b) for
rules governing permissible ex parte
contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
SUPPLEMENTARY INFORMATION:
2. Add new § 117.722 to read as
follows:
§ 117.722
the Commission’s minimum distance
separation requirements with a site
restriction of 6 km (3.8 miles) southwest
of Dubois. The proposed coordinates for
Channel 242C2 at Dubois are 43–29–59
North Latitude and 109–41–17 West
Longitude.
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
Radio, Radio broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
Part 73 as follows:
1. The authority citation for Part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Wyoming, is amended
by adding Dubois, Channel 242C2.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E9–14840 Filed 6–23–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 071025620–9075–01]
RIN 0648–AW19
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery off the Southern Atlantic
States; Amendment 7
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS issues this proposed
rule to implement Amendment 7 to the
Fishery Management Plan for the
Shrimp Fishery of the South Atlantic
Region (FMP), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). For
South Atlantic rock shrimp, this
proposed rule would rename the rock
shrimp permit and endorsement; require
all South Atlantic shrimp permit
holders to provide economic data if
selected; reinstate all limited access
rock shrimp endorsements for those
vessel owners who renewed their open
access permit in the year in which they
failed to renew their limited access
endorsement; remove the 15,000–lb
(6,804–kg) rock shrimp landing
requirement; and reinstate all limited
E:\FR\FM\24JNP1.SGM
24JNP1
]]>Agencies
[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Proposed Rules]
[Pages 30031-30034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14747]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0453]
RIN 1625-AA09
Drawbridge Operation Regulations; Great Egg Harbor Bay, Between
Beesleys Point and Somers Point, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of the US Route 9/Beesleys Point Bridge over Great Egg
Harbor Bay, at mile 3.5, between Beesleys Point and Somers Point, NJ.
This proposal would allow the drawbridge to operate on an advance
notice basis during specific dates and times of the year. The proposed
change would result in more efficient use of the bridge during dates
and times of infrequent transit.
DATES: Comments and related material must be received by the Coast
Guard on or before August 10, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0453 using any one of the following methods:
(1) Federal Rulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Sandra S. Elliott, Bridge Administration Branch,
Fifth Coast Guard District, telephone 757-398-6557, e-mail
Sandra.S.Elliott@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0453), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (https://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via https://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand delivery, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0453'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than, 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
[[Page 30032]]
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0453 in the Docket ID column. You may visit
either the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain 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 Cape May County Department of Public Works (The County) is
responsible for the operation of the U.S. Route 9 Bridge, at mile 3.5,
across Great Egg Harbor Bay, between Beesleys Point and Somers Point,
NJ. The County requested advance notification for vessel openings
during specific dates and times of the year due to the infrequency of
requests for vessel openings of the drawbridge.
The U.S. Route 9/Beesleys Point Bridge has a vertical clearance of
eight feet above mean high water in the closed-to-navigation position.
The existing operating schedule is set out in 33 CFR 117.5, which
requires the drawbridge to open promptly and fully for the passage of
vessels when a request to open is given.
Bridge opening data, supplied by the County, revealed minimal
requests for vessel openings during periods of time that the County
desires to have the bridge unmanned. The numbers of openings vary from
a high number of openings during the summer months and a low number of
openings during the winter season. Similarly, there are very few
opening during the hours of darkness. (See Table)
In-Season Bridge Openings--May 15 to September 30
----------------------------------------------------------------------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
12 a.m. to 6 a.m................................................ 5 6 6 4 4 0
10 p.m. to 6 a.m................................................ 5 10 7 10 10 4
8 p.m. to 6 a.m................................................. 25 22 16 22 18 18
----------------------------------------------------------------------------------------------------------------
Off-Season Bridge Openings--October 1 to May 14
----------------------------------------------------------------------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
12 a.m. to 6 a.m................................................ 2 5 4 1 5 5
10 p.m. to 6 a.m................................................ 4 5 8 1 5 9
8 p.m. to 6 a.m................................................. 5 5 11 3 7 10
----------------------------------------------------------------------------------------------------------------
Due to the anticipated infrequency of requests for vessel openings
of the drawbridge during these specific times and dates, the County
requested to change the current operating regulation by requiring the
draw of the bridge to open on signal, except from October 1 to May 14
from 8 p.m. to 6 a.m., and from May 15 to September 30 from 10 p.m. to
6 a.m., need open only if at least two hours notice is given.
The County requests an additional change to the operating
regulations to allow the U.S. Route 9/Beesleys Point Bridge to operate
on an advance notice on December 24 through December 26 of every year.
A review of the bridge logs supplied by the County for the past six
years revealed that they have provided only one vessel opening within
that time frame. The County 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 8 p.m. on December 24 until and
including 6 a.m. on December 26 of every year. This advance notice
request coincides with other drawbridges operated by the County for the
same dates in December.
The Coast Guard believes that all of the proposed changes are
reasonable because the drawbridge would still open during specific
dates and times after the advance notice is given.
The County will install a sign on both faces of the bascule span
indicating the hours of operations and a two-hour advance notice when
the bridge is unmanned. The sign would also list the County Public
Works Department 24-hour telephone number at (609) 368-4591.
Discussion of Proposed Rule
The Coast Guard proposes to insert new regulations at 33 CFR Sec.
117.722. The draw shall open on signal, except from October 1 through
May 14 from 8 p.m. to 6 a.m., from May 15 through September 30, from 10
p.m. to 6 a.m., and from 8 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.
The proposed change would result in more efficient use of the
bridge during dates and times of infrequent transit.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statues or executive orders.
Regulatory Planning and Review
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.
[[Page 30033]]
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation 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 proposed 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 affect the following entities, some of
which might be small entities: The owners or operators of vessels
needing to transit the bridge from October 1 to May 14 from 8 p.m. to 6
a.m., from May 15 to September 30 from 10 p.m. to 6 a.m., and from 8
p.m. on December 24 until 6 a.m. on December 26.
This action will 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 proposed 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 proposed 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.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1, and 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 made a preliminary determination that this action is one of a
category of actions which do no individually or
[[Page 30034]]
cumulatively have a significant effect on the human environment because
it simply promulgates the operating regulations or procedures for
drawbridges. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Add new Sec. 117.722 to read as follows:
Sec. 117.722 Great Egg Harbor Bay.
The draw of the US Route 9/Beesleys Point Bridge, mile 3.5, shall
open on signal, except from October 1 to May 14 from 8 p.m. to 6 a.m.,
from May 15 to September 30 from 10 p.m. to 6 a.m., and from 8 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.
Dated:June 8,2009.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard Commander, Fifth Coast Guard
District.
[FR Doc. E9-14747 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-15-P
