[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Proposed Rules]               
[Page 58070-58073]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc08-16]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0995]
RIN 1625-AA09

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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operation 
regulations of the Route 30 Bridge, at

[[Page 58071]]

ICW mile 67.2, across Beach Thorofare at Atlantic City, NJ. This 
proposal would allow for the drawbridge to open on signal every hour 
during high transit periods in the summer months and to operate on an 
advance notice basis at all other times. The proposed changes would 
result in more efficient use of the bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before December 5, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0995 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) 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.
    (3) Hand Delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Terrance Knowles, Environmental Protection Specialist, Fifth 
Coast Guard District, at (757) 398-6587. 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 http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0995), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. 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. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or 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. We may change this 
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0995) 
in the Search box, and click ``Go>>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays or at Commander (dpb), Fifth Coast Guard District, Federal 
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 233704-5004 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

Privacy Act

    Anyone can search the electronic form of all 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 the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. However, you may 
submit a request for one to the Docket Management Facility at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place to be specified in a notice published in the Federal 
Register.

Background and Purpose

    The New Jersey Department of Transportation (NJDOT) is responsible 
for the operation of the Route 30 Bridge, at ICW mile 67.2, across 
Beach Thorofare at Atlantic City, NJ.
    In the closed-to-navigation position, the Route 30 Bridge has a 
vertical clearance of 20 feet, above mean high water. The existing 
operating regulation is set out in 33 CFR 117.733(e) which requires the 
draw to 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.
    The NJDOT requested changes to the existing regulations for the 
Route 30 Bridge in an effort to provide more scheduled openings to 
accommodate the ever-increasing casino workforce and tourists and by 
limiting the number of openings to minimize vehicular traffic delays 
and accidents that may result from backups due to more frequent vessel 
openings, by requiring the hourly openings of draw span during the 
spring and summer months and to operate on an advance notice basis in 
the fall and winter months.
    A review of the bridge logs for the past three years supplied by 
NJDOT revealed the morning rush (7 a.m. to 9 a.m.) is averaging a total 
of 11 openings/year from June through September and the evening rush (4 
p.m. to 6 p.m.) is averaging a total of 15 openings/year from June 
through September. The average daily traffic count from 7 a.m. and 8 
p.m. for the same period revealed between 700 and 3800 vehicles. This 
excess traffic causes increased bottle-necks and safety hazards. 
Anticipated bridge openings on the hour will help to decrease delays to 
the local workforce and tourists.
    For the past three years, during the fall and winter months, the 
draw span averaged 23 vessel openings per year from November 1 through 
March 31 between 7 a.m. and 3 p.m.
    Based on the above information, NJDOT has proposed to change the 
regulations to improve efficiency.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.733(e) by requiring 
hourly vessel openings of the draw span from 7 a.m. to 11 p.m. from 
April 1 through October 31. At all other times, the draw will continue 
to open on signal if four hours notice is given. This change will

[[Page 58072]]

result in a more efficient use of the bridge.

Regulatory Analysis

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes 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.
    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 scheduled bridge openings to 
minimize delays. Additionally, vessels that can safely transit under 
the bridge while the draw span is in a closed position may do so at any 
time.

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 could affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit through the bridge.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessels 
that can safely transit under the bridge while the draw span is in a 
closed position may do so at any time. All other mariners can plan 
their trips in accordance with the scheduled bridge openings to 
minimize delays.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling

[[Page 58073]]

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 Commandant Instruction 
M16475.lD and the Department of Homeland Security Management Directive 
5100.1, 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 not likely to 
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. Revise Sec.  117.733(e) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (e) The draw of the Route 30 Bridge across Beach Thorofare, mile 
67.2 at Atlantic City, shall open on signal except that from April 1 
through October 31 from 7 a.m. to 11 p.m., the draw need only open on 
the hour; At all other times, the draw need only open if at least four 
hours notice is given.
* * * * *

    Dated: September 25, 2008.
N.O. Buschman,
Captain, Acting Commander, Fifth Coast Guard District.
 [FR Doc. E8-23604 Filed 10-3-08; 8:45 am]

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