Drawbridge Operation Regulations; Great Egg Harbor Bay, Between Beesleys Point and Somers Point, NJ, 3856-3859 [2010-1264]
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Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Rules and Regulations
Governments’’ (65 FR 67249; November
9, 2000), requires DOE to develop an
accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ refers to regulations that
have ‘‘substantial direct effects 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.’’
Today’s regulatory action is not a policy
that has ‘‘tribal implications’’ under
Executive Order 13175. Today’s
regulatory action amends the eligibility
provisions applicable to multi-unit
buildings under the Weatherization
Assistance Program. DOE has reviewed
today’s action under Executive Order
13175 and has determined that it is
consistent with applicable policies of
that Executive Order.
K. Congressional Notification
As required by 5 U.S.C. 801, DOE will
submit to Congress a report regarding
the issuance of today’s final rule prior
to the effective date set forth at the
outset of this notice. The report will
state that it has been determined that
the rule is a ‘‘major rule’’ as defined by
5 U.S.C. 804(2). DOE also will submit
the supporting analyses to the
Comptroller General in the U.S.
Government Accountability Office
(GAO) and make them available to each
House of Congress.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of today’s final rule.
List of Subjects in 10 CFR Part 440
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Administrative practice and
procedure, Aged, Energy conservation,
Grant programs—energy, Grant
programs—housing and community
development, Housing standards,
Indians, Individuals with disabilities,
Reporting and recordkeeping
requirements, Weatherization.
Issued in Washington, DC, on January 14,
2010.
Catherine R. Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
For the reasons set forth in the
preamble, DOE is amending Part 440 of
chapter II of title 10, Code of Federal
Regulations to read as follows:
■
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PART 440—WEATHERIZATION
ASSISTANCE PROGRAM FOR LOWINCOME PERSONS
1. The authority citation for Part 440
continues to read as follows:
■
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
Authority: 42 U.S.C. 6861, et seq.; 42
U.S.C. 7101 et seq.
[Docket No. USCG–2009–0453]
2. Section 440.22 is amended by
adding paragraph (b)(4) to read as
follows:
Drawbridge Operation Regulations;
Great Egg Harbor Bay, Between
Beesleys Point and Somers Point, NJ
§ 440.22
Eligible dwelling units.
AGENCY:
*
*
*
*
(b) * * *
(4)(i) A building containing rental
dwelling units meets the requirements
of paragraph (b)(2), and paragraphs
(b)(3)(ii) and (b)(3)(iv), of this section if
it is included on the most recent list
posted by DOE of Assisted Housing and
Public Housing buildings identified by
the U.S. Department of Housing and
Urban Development as meeting those
requirements.
(ii) A building containing rental
dwelling units meets the requirements
of paragraph (b)(2), and paragraph
(b)(3)(iv), of this section if it is included
on the most recent list posted by DOE
of Assisted Housing and Public Housing
buildings identified by the U.S.
Department of Housing and Urban
Development as meeting those
requirements.
(iii) A building containing rental
dwelling units meets the requirement of
paragraph (b)(2) of this section if it is
included on the most recent list posted
by DOE of Low Income Housing Tax
Credit buildings identified by the U.S.
Department of Housing and Urban
Development as meeting that
requirement and of Rural Housing
Service Multifamily Housing buildings
identified by the U.S. Department of
Agriculture as meeting that requirement.
(iv) For buildings identified under
paragraphs (b)(4)(i), (ii) and (iii) of this
section, States will continue to be
responsible for ensuring compliance
with the remaining requirements of this
section, and States shall establish
requirements and procedures to ensure
such compliance in accordance with
this section.
*
*
*
*
*
ACTION:
■
*
[FR Doc. 2010–1300 Filed 1–22–10; 8:45 am]
BILLING CODE 6450–01–P
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RIN 1625–AA09
Coast Guard, DHS.
Final rule.
SUMMARY: The Coast Guard is changing
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 rule will allow the
drawbridge to operate on an advance
notice basis during specific dates and
times of the year. The rule change will
result in more efficient use of the bridge
during dates and times of infrequent
transit.
DATES: This rule is effective February
24, 2010.
ADDRESSES: Comments and related
materials received from the public, as
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2009–
0453 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0453 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this 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 the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 24, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation
Regulations; Great Egg Harbor Bay,
between Beesleys Point and Somers
Point, NJ, in the Federal Register (74 FR
30031). We received two comments on
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the proposed rule. No public meeting
was requested, and none was held.
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 and a low
number of openings during the winter.
Similarly, there are very few openings
during the hours of darkness. (See
Table)
SUMMER BRIDGE OPENINGS—MAY 15 TO SEPTEMBER 30
2003
12 a.m. to 6 a.m ......................................................................................
10 p.m. to 6 a.m ......................................................................................
8 p.m. to 6 a.m ........................................................................................
2004
5
5
25
2005
6
10
22
2006
6
7
16
2007
4
10
22
2008
4
10
18
0
4
18
WINTER BRIDGE OPENINGS—OCTOBER 1 TO MAY 14
2003
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12 a.m. to 6 a.m ......................................................................................
10 p.m. to 6 a.m ......................................................................................
8 p.m. to 6 a.m ........................................................................................
Due to the small number of bridge
openings during the winter from 2003 to
2008, the County requested to change
the current operating regulation by
requiring the draw of the bridge to open
if at least two hours notice is given on
signal 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. At
all other times, the draw shall open on
signal.
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. This advance notice request
coincides with other drawbridges
operated by the County for the same
dates in December.
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 will also list the
County Public Works Department 24hour telephone number at (609) 368–
4591.
The Coast Guard believes that all of
the changes are reasonable because the
drawbridge would still open during
specific dates and times after the
advance notice is given.
Discussion of Comments and Changes
The Coast Guard received two
comments to the NPRM. One of the
respondents was a commercial shipyard
owner who did not foresee a problem
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2004
2
4
5
2005
5
5
5
with the regulation as proposed.
However, many of his commercial
customers would prefer that the bridge
be constructed for a wider horizontal
clearance. In response, the County
indicated that a budget has been
developed for rehabilitation of their
bridges and currently an investigation is
under way to determine if a reasonable
rehabilitation program can be
undertaken to accommodate wider
vessels.
The other respondent, a local
resident, also agreed to the proposal,
however, suggested that the bridge be
left in the open position to vessels until
the bridge is reopened to vehicle traffic.
The County responded that due to the
potential damage, the moveable span
leaves must be physically locked with
cables for the span to be in an up
position for any length of time. The cost
to design such a system would be
excessive. However, the County expects
to perform construction activity on the
bridge within a year and would then
have to lower the bridge for access. In
addition, the County is concerned about
vandalism if no one was at the bridge
for long periods of time. Based on the
comments received and information
provided, the Coast Guard will
implement the final rule with no
substantive changes to the NPRM. Text
modifications are revised for clarity and
consistency.
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2006
4
8
11
2007
1
1
3
2008
5
5
7
5
9
10
Discussion of Rule
The Coast Guard will insert new
regulations at 33 CFR § 117.722. The
draw of the U.S. Route 9/Beesleys Point
Bridge shall open if at least two hours
notice is given 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
and including 6 a.m. on December 26 of
every year; and shall open on signal at
all other times.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analysis based
on 13 of these statutes or executive
orders.
Regulatory Planning and Review
This 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.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
We reached this conclusion based on
the fact that these changes have only a
minimal impact on maritime traffic
transiting the bridge. Mariners can plan
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their trips in accordance with the bridge
schedule to minimize delays.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will 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 rule 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 bridge schedule
can minimize delay.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement Act of
1966 (Pub. L. 104–121), in the NPRM we
offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process.
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).
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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
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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 effect 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.
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.
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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
Department of Homeland Security
Management Directive 023–01, 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 concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist 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:
■
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 § 117.722 to read as
follows:
■
§ 117.722
Great Egg Harbor Bay.
The draw of the U.S. Route 9/Beesleys
Point Bridge, mile 3.5, shall open if at
least two hours’ notice is given from
October 1 to May 14 from 8 p.m. to 6
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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 and including 6 a.m.
on December 26 of every year; and shall
open on signal at all other times.
Dated: January 4, 2010.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
interim rule, call or e-mail Ronald L.
Houck, Sector Baltimore Waterways
Management Division, Coast Guard;
telephone 410–576–2674, e-mail
Ronald.L.Houck@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:
[FR Doc. 2010–1264 Filed 1–22–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–1130]
RIN 1625–AA00
Safety Zone; Baltimore Captain of Port
Zone
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
all navigable waters of the Captain of
the Port Baltimore zone. The temporary
safety zone restricts vessels from
transiting the zone during the effective
period, unless authorized by the Captain
of the Port Baltimore, or his designated
representative. This safety zone is
necessary to protect mariners from the
hazards associated with ice in the
navigable waterway.
DATES: This temporary interim rule is
effective in the CFR on January 25, 2010
until April 15, 2010. This temporary
interim rule is enforceable with actual
notice by Coast Guard personnel
beginning on January 6, 2010.
Comments and related material must
reach the Coast Guard on or before
February 24, 2010 or reach the Docket
Management Facility by that date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–1130 using any one of the
following methods:
(1) Federal eRulemaking 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
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16:20 Jan 22, 2010
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Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
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–2009–1130),
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 (via 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 telephone 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, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2009–1130’’ in the ‘‘Keyword’’
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3859
box. Click ‘‘Search’’ 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
this rule based on your comments.
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, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
1130’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also 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, system of records 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 you believe a public
meeting 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.
Regulatory Information
The Coast Guard is issuing this
temporary interim rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
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]]>Agencies
[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Rules and Regulations]
[Pages 3856-3859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1264]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing 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
rule will allow the drawbridge to operate on an advance notice basis
during specific dates and times of the year. The rule change will
result in more efficient use of the bridge during dates and times of
infrequent transit.
DATES: This rule is effective February 24, 2010.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2009-0453 and are available online by
going to https://www.regulations.gov, inserting USCG-2009-0453 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 24, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Great Egg Harbor Bay,
between Beesleys Point and Somers Point, NJ, in the Federal Register
(74 FR 30031). We received two comments on
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the proposed rule. No public meeting was requested, and none was held.
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 and a low number of
openings during the winter. Similarly, there are very few openings
during the hours of darkness. (See Table)
Summer Bridge Openings--May 15 to September 30
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2003 2004 2005 2006 2007 2008
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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
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Winter Bridge Openings--October 1 to May 14
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2003 2004 2005 2006 2007 2008
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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
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Due to the small number of bridge openings during the winter from
2003 to 2008, the County requested to change the current operating
regulation by requiring the draw of the bridge to open if at least two
hours notice is given on signal 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. At all
other times, the draw shall open on signal.
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.
This advance notice request coincides with other drawbridges operated
by the County for the same dates in December.
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 will also list the County Public Works
Department 24-hour telephone number at (609) 368-4591.
The Coast Guard believes that all of the changes are reasonable
because the drawbridge would still open during specific dates and times
after the advance notice is given.
Discussion of Comments and Changes
The Coast Guard received two comments to the NPRM. One of the
respondents was a commercial shipyard owner who did not foresee a
problem with the regulation as proposed. However, many of his
commercial customers would prefer that the bridge be constructed for a
wider horizontal clearance. In response, the County indicated that a
budget has been developed for rehabilitation of their bridges and
currently an investigation is under way to determine if a reasonable
rehabilitation program can be undertaken to accommodate wider vessels.
The other respondent, a local resident, also agreed to the
proposal, however, suggested that the bridge be left in the open
position to vessels until the bridge is reopened to vehicle traffic.
The County responded that due to the potential damage, the moveable
span leaves must be physically locked with cables for the span to be in
an up position for any length of time. The cost to design such a system
would be excessive. However, the County expects to perform construction
activity on the bridge within a year and would then have to lower the
bridge for access. In addition, the County is concerned about vandalism
if no one was at the bridge for long periods of time. Based on the
comments received and information provided, the Coast Guard will
implement the final rule with no substantive changes to the NPRM. Text
modifications are revised for clarity and consistency.
Discussion of Rule
The Coast Guard will insert new regulations at 33 CFR Sec.
117.722. The draw of the U.S. Route 9/Beesleys Point Bridge shall open
if at least two hours notice is given 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 and including 6 a.m. on December 26 of
every year; and shall open on signal at all other times.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. We reached this conclusion
based on the fact that these changes have only a minimal impact on
maritime traffic transiting the bridge. Mariners can plan
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their trips in accordance with the bridge schedule to minimize delays.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will 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 rule 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 bridge schedule can minimize delay.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Act of 1966 (Pub. L. 104-121), in the NPRM we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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.
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 Department of Homeland Security
Management Directive 023-01, 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 concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. Add new Sec. 117.722 to read as follows:
Sec. 117.722 Great Egg Harbor Bay.
The draw of the U.S. Route 9/Beesleys Point Bridge, mile 3.5, shall
open if at least two hours' notice is given from October 1 to May 14
from 8 p.m. to 6
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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 and including 6 a.m. on December 26 of every
year; and shall open on signal at all other times.
Dated: January 4, 2010.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2010-1264 Filed 1-22-10; 8:45 am]
BILLING CODE 9110-04-P
