Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 5747 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2007–0026; [formerly published 

under CGD05–07–093]] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Corson Inlet, New Jersey Intracoastal 

Waterway (NJICW), Townsend Inlet, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulations of 

four Cape May County Bridge 

Commission (the Commission) bridges: 

The Corson Inlet Bridge, at mile 0.9, at 

Strathmere; the Stone Harbor Boulevard 

Bridge, at NJICW mile 102.0, across 

Great Channel at Stone Harbor; the TwoMile Bridge, at NJICW mile 112.2, across 

Middle Thorofare in Wildwood Crest; 

and the Townsend Inlet Bridge, at mile 

0.3 in Avalon, NJ. This final rule allows 

the drawbridges to operate on an 

advance notice basis for specific dates, 

times and holiday in December of every 

year. These changes will still provide 

for the reasonable needs of navigation. 

DATES: This rule is effective March 3, 

2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket USCG–2007–026 and are 

available for inspection or copying at 

Commander (dpb), Fifth Coast Guard 

District, Federal Building, 1st Floor, 431 

Crawford Street, Portsmouth, VA 

23704–5004 between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. The Fifth Coast Guard District 

maintains the public docket for this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at (757) 398–6222. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On October 1, 2007, the new Federal 

Docket Management System (FDMS) 

was established and FDMS numbers 

were assigned to all actions published 

in the Federal Register. New FDMS 

numbers are posted and requested 

comments are reviewed at 

www.regulations.gov. The FDMS 

number assigned to this rule was 

USCG–2007–0026. 

On October 11, 2007, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Corson Inlet, New Jersey 

Intracoastal Waterway (NJICW), 

Townsend Inlet, NJ’’ in the Federal 

Register (72 FR 57904). We received 

three comments on the proposed rule. 

The previously assigned NPRM docket 

number was CGD05–07–093. No public 

meeting was requested, and none was 

held. 

Background and Purpose 

The owner of the drawbridges, the 

Cape May County Bridge Commission 

(the Commission), requested changes to 

the operating regulations for the four 

drawbridges to allow them to operate on 

an advance notice basis at different 

times on December 24th, 25th and 26th 

of every year. 

A review of the bridge logs supplied 

by the Commission for the Corson Inlet 

Bridge, at mile 0.9, at Strathmere; the 

Stone Harbor Boulevard Bridge, at 

NJICW mile 102.0, across Great Channel 

at Stone Harbor; the Two-Mile Bridge at 

NJICW mile 112.2, across Middle 

Thorofare in Wildwood Crest; and the 

Townsend Inlet Bridge, at mile 0.3 in 

Avalon; reveals that these drawbridges 

have not received any requests nor 

performed any bridge openings on the 

aforementioned dates for at least the 

previous nine years. 

The Cape May County Bridge 

Commission Department of Public 

Works currently maintains a 24-hour 

telephone at (609) 368–4591 to request 

bridge openings. Qualified personnel 

will be on-call and ready for dispatch 

with two-hour advance notice for the 

following drawbridges: 

Corson Inlet 

The Corson Inlet Bridge, mile 0.9, at 

Strathmere has a vertical clearance of 15 

feet above mean high water (MHW) and 

18 feet above mean low water (MLW) in 

the closed position to vessels. The 

existing operating regulations are set out 

in 33 CFR 117.714. 

New Jersey Intracoastal Waterway 

The Stone Harbor Boulevard Bridge, 

at NJICW mile 102.0, across Great 

Channel at Stone Harbor has a vertical 

clearance of 11 feet above MHW and 15 

feet above MLW in the closed position 

to vessels. The existing operating 

regulations are set out in 33 CFR 

§ 117.733(i). 

The Two-Mile Bridge, at NJICW mile 

112.2, across Middle Thorofare in 

Wildwood Crest has a vertical clearance 

of 23 feet above MHW and 27 feet above 

MLW. The existing regulations are set 

out in 33 CFR § 117.733(k). 

Townsend Inlet 

The Townsend Inlet Bridge, at mile 

0.3, in Avalon has a vertical clearance 

of 23 feet above MHW and 26 feet above 

MLW in the closed position to vessels. 

The existing regulations are set out in 33 

CFR 117.757. 

Discussion of Comments and Changes 

The Coast Guard received three 

comments to the NPRM. One written 

comment was from the U.S. Department 

of the Interior, Fish and Wildlife Service 

(the Service). The Service has no 

objection to the issuance of the NPRM. 

We received two comments from the 

same respondent at 

www.regulations.gov under the new 

FDMS docket number USCG–2007–

0026. In both comments, the respondent 

essentially agreed with the issuance of 

the NPRM. 

Based on the comments received and 

information provided, we will 

implement a final rule with no changes 

to the NPRM. 

Discussion of Rule 

Corson Inlet 

The Coast Guard is amending 33 CFR 

117.714 by revising the operating 

regulations by extending the two-hour 

notice period in effect during the off 

season to include all of December 25. 

The final rule would read as follows: 

The draw of the Corson Inlet Bridge, 

mile 0.9, at Strathmere, shall open on 

signal: Except, that from October 1 

through May 15 from 10 p.m. to 6 a.m. 

and from 6 a.m. to 10 p.m. on December 

25 the draw need open only if at least 

two hours notice is given. 

New Jersey Intracoastal Waterway 

The Coast Guard is amending 33 CFR 

117.733 by revising paragraph (i), which 

details the operating regulations for the 

Stone Harbor Boulevard Bridge at 

NJICW mile 102.0, across Great Channel 

at Stone Harbor. 

A new paragraph will be added at 

§ 117.733(i)(3) to read that the draw 

shall open on signal from 10 p.m. on 

December 24 until 6 a.m. on December 

26 if at least two hours notice is given. 

The Coast Guard is also amending 33 

CFR 117.733 by revising paragraph (k), 

which details the operating regulations 

for the Two-Mile Bridge, at NJICW mile 

112.2, across Middle Thorofare in 

Wildwood Crest. 

Paragraph (k) will state that the draw 

shall open on signal except: (1) From 

9:15 a.m. to 10:30 a.m. on the fourth 

Sunday in March of every year, the 

draw need not open for vessels. If the 

fourth Sunday falls on a religious 

holiday, the draw need not open for 


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5748 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 

vessels from 9:15 a.m. to 10:30 a.m. on 

the third Sunday of March of every year; 

and (2) from 10:30 p.m. on December 24 

until and including 10:30 p.m. on 

December 26, the draw need open only 

if at least two hours notice is given. 

Townsend Inlet 

The Coast Guard is amending 33 CFR 

117.757 by revising the operating 

regulations to read as follows: The draw 

of Townsend Inlet Bridge, mile 0.3 in 

Avalon, shall open on signal except: (1) 

From 9:15 a.m. to 2:30 p.m. on the 

fourth Sunday in March of every year, 

the draw need not open for vessels. If 

the fourth Sunday falls on a religious 

holiday, the draw need not open from 

9:15 a.m. to 2:30 p.m. on the third 

Sunday of March of every year; and (2) 

from 11 p.m. on December 24 until 11 

p.m. on December 25, the draw need 

open only if at least two hours notice is 

given. 

Regulatory Evaluation 

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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

This conclusion is based on the fact 

that these changes have only a minimal 

impact on maritime traffic transiting the 

bridges. Mariners can plan their trips in 

accordance with the scheduled bridge 

openings to minimize delays, and 

vessels that can pass under the bridges 

without a bridge opening may do so at 

all times. 

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 would not 

have a significant economic impact on 

a substantial number of small entities. 

This conclusion is based on the fact 

that the changes will have only a 

minimal impact on maritime traffic 

transiting the bridge. Mariners who plan 

their transits in accordance with the 

scheduled bridge openings can 

minimize delay and vessels that can 

pass under the bridges without a bridge 

opening may do so at all times. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule 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 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 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 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 


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Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Rules and Regulations 5749 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction because this rule 

involves drawbridge regulations. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e) of the Instruction, from further 

environmental documentation. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Words of Issuance and Regulatory Text 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

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 § 117.714 to read as follows: 

§ 117.714 Corson Inlet. 

The draw of the Corson Inlet Bridge, 

mile 0.9, at Strathmere, shall open on 

signal; except that from October 1 

through May 15 from 10 p.m. to 6 a.m. 

and from 6 a.m. to 10 p.m. on December 

25 the draw need open only if at least 

two hours notice is given. 

■ 3. § 117.733 is amended by adding a 

new paragraph (i)(3) and revising 

paragraph (k) to read as follows: 

§ 117.733 New Jersey Intracoastal 

Waterway. 

* * * * * 

(i) * * * 

(3) From 10 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. 

* * * * * 

(k) The draw of Two-Mile Bridge, 

mile 112.2, across Middle Thorofare in 

Wildwood Crest, shall open on signal 

except: 

(1) From 9:15 a.m. to 10:30 a.m. on 

the fourth Sunday in March of every 

year, the draw need not open for 

vessels. If the fourth Sunday falls on a 

religious holiday, the draw need not 

open for vessels from 9:15 a.m. to 10:30 

a.m. on the third Sunday of March of 

every year. 

(2) From 10:30 p.m. on December 24 

until 10:30 p.m. on December 26, the 

draw need open only if at least two 

hours notice is given. 

* * * * * 

■ 4. § 117.757 is revised to read as 

follows: 

§ 117.757 Townsend Inlet. 

The draw of Townsend Inlet Bridge, 

mile 0.3 in Avalon, shall open on signal 

except: 

(a) From 9:15 a.m. to 2:30 p.m. on the 

fourth Sunday in March of every year, 

the draw need not open for vessels. If 

the fourth Sunday falls on a religious 

holiday, the draw need not open from 

9:15 a.m. to 2:30 p.m. on the third 

Sunday of March of every year. 

(b) From 11 p.m. on December 24 

until 11 p.m. on December 25, the draw 

need open only if at least two hours 

notice is given. 

Dated: January 16, 2008. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E8–1764 Filed 1–30–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0169] 

RIN 1625–AA00 

Safety Zone: Trent River Between New 

Bern and James City, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final Rule. 

SUMMARY: The Coast Guard will 

reinstate a safety zone on the waters of 

the Trent River between New Bern and 

James City, North Carolina in the 

vicinity of the U.S. Route 70 Highway 

Swing Bridge. This safety zone is 

necessary to provide for safety of life on 

navigable waters during the movement 

of bridge construction equipment from 

the southern end of the bridge 

construction project to the northern end 

of the project. 

DATES: This rule is effective from 

January 25, 2008 through February 28, 

2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2007–

0169 and are available online at 

www.regulations.gov. They are 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: 

Commander Jennifer Williams, 

Prevention Department Head, United 

States Coast Guard Sector North 

Carolina at (252) 247–4570 or (252) 247–

4546. 

SUPPLEMENTARY INFORMATION:

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The 

publishing of an NPRM would be 

impracticable and contrary to public 

interest since immediate action is 

needed to protect the maritime public 

from the hazards associated with this 

maintenance project. The necessary 

information to determine whether the 

construction poses a threat to persons 

and vessels was not provided with 

sufficient time to publish an NPRM. For 

the safety concerns noted, it is in the 

public interest to have this regulation in 

effect during the construction. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the public’s safety. 

Background and Purpose 

Originally, Balfour Beatty 

Infrastructure, Inc. planned to relocate 

construction equipment on Tuesdays, 

Wednesdays and Thursdays from 10 

a.m. to 2 p.m. from January 8, 2008 

through January 24, 2008. Balfour has 

since determined that they need another 

month to complete the project. For this 

reason, the Coast Guard is reinstating 

this regulation through February 28, 

2008. The construction will take place 

in the vicinity of the U.S. Route 70 

Highway Swing Bridge from James City, 

NC to New Bern, NC. To provide for the 

safety of the public, the Coast Guard 


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