46192 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. 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 to use 

the Docket Management Facility. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0785), 

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 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 materials by 

electronic means, mail, fax, or delivery 

to the Docket Management Facility at 

the address under ADDRESSES; but 

please submit your comments and 

materials by only one means. If you 

submit them by mail or 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. 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–2008–0785) 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 Department of 

Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays; or First Coast Guard 

District, Bridge Branch, One South 

Street, New York, NY 10004, between 9 

a.m. and 5 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 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 plan to hold a public 

meeting. But 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 announced by 

a later notice in the Federal Register. 

Background and Purpose 

The Route 36 Bridge has a vertical 

clearance in the closed position of 35 

feet at mean high water and 39 feet at 

mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.755(a). The bridge 

presently opens on the hour and half 

hour between 7 a.m. and 8 p.m. from 

May 15 through October 15, and on 

signal from 8 p.m. to 11 p.m. From 11 

p.m. to 7 a.m. the bridge opens on signal 

after a four-hour advance notice is 

given. 

The Shrewsbury River is navigated 

predominantly by recreational power 

boats and sail boats of various sizes. 

Currently only one lane of vehicular 

traffic is open northbound on the Route 

36 Bridge due to the Highlands Bridge 

replacement project presently 

underway. Two lanes of vehicular traffic 

were closed in early July 2008, to 

facilitate the new bridge construction. 

As a result of the vehicular travel lane 

closures traffic congestion has become a 

major concern to motorists and local 

officials. The nearby Gateway National 

Recreation Area, operated by the 

National Park Service, has been 

particularly impacted on weekends by 

traffic delays as a result of the bridge 

construction and drawbridge openings 

for vessel traffic. 

The National Park Service, the New 

Jersey Department of Transportation, 

and local officials have made various 

adjustments to traffic control to help 

mitigate the vehicular traffic congestion; 

however, the traffic congestion on 

weekends in the afternoon continues to 

be a major safety concern when 

motorists are exiting the Sandy Hook 

area and the Gateway National 

Recreation Park. 

As a result, the National Park Service 

requested a temporary deviation from 

the drawbridge operation regulations to 

test an alternate drawbridge operation 

schedule to help better balance the 

needs between vehicular land traffic 

and marine vessel traffic. 

Under this temporary deviation, in 

effect from August 2, 2008 through 

September 1, 2008, the Route 36 Bridge 

at mile 1.8, across the Shrewsbury 

River, shall operate as follows: 

Monday through Friday, the draw 

shall open on signal, from 7 a.m. to 8 

p.m., on the hour and half hour only. 

From 8 p.m. to 11 p.m. the draw shall 

open on signal. From 11 p.m. to 7 a.m. 

the draw shall open on signal after at 

least a four-hour notice is given by 

calling 732–872–1052. 

Saturday, Sunday and Labor Day, the 

draw shall open on signal from 7 a.m. 

to 4 p.m., and 7 p.m. to 8 p.m. on the 

hour and half hour only. From 4 p.m. 

to 7 p.m. the draw shall open on signal 

once an hour, on the hour only. From 

8 p.m. to 11 p.m. the draw shall open 

on signal. From 11 p.m. to 7 a.m. the 

draw shall open on signal after at least 

a four-hour advance notice is given by 

calling 732–872–1052. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: July 31, 2008. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E8–18312 Filed 8–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2008–0302] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Smith Creek at Wilmington, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulations of 

the S117–S133 Bridge, at mile 1.5, 

across Smith Creek at Wilmington, NC. 

This action will allow that the draw 

need not be opened for the passage of 

vessels. 

DATES: This rule is effective September 

8, 2008. 

ADDRESSES: Comments and related 

materials received from the public, as 


rfrederick on PRODPC74 with RULES
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 46193 

well as documents mentioned in this 

preamble as being available in the 

docket, are part of docket USCG–2008–

0302 and are available online at 

http://www.regulations.gov. This 

material is also available for inspection 

or copying at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and the 

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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Gary S. Heyer, Bridge Management 

Specialist, Fifth Coast Guard District, at 

(757) 398–6629. 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: 

Regulatory Information 

On May 15, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Smith Creek at 

Wilmington, NC’’ in the Federal 

Register (73 FR 28069). We received no 

comments on the published NPRM. No 

public meeting was requested, and none 

was held. 

Background and Purpose 

The North Carolina Department of 

Transportation (NCDOT) is responsible 

for the operation of the S117–S133 

Bridge, at mile 1.5, across Smith Creek 

at Wilmington, NC. The existing 

operating regulation is set out in 33 CFR 

117.841 and requires the draw to open 

on signal if at least 24 hour notice is 

given. In the closed-to-navigation 

position, the S117–S133 Bridge has a 

vertical clearance of 12 feet, above mean 

high water. 

From the 1930s to the 1970s, Smith 

Creek was the main waterway route for 

commercial vessel traffic servicing 

lumber mills and factories along the 

waterfront in Wilmington, NC. There are 

no longer any commercial interests 

requiring access upstream. NCDOT has 

not received a request to open the bridge 

in over 20 years for waterway 

navigation, and it has been more than 35 

years since the bridge was actually 

manned by operators. 

Due to the lack of requests for vessel 

openings of the drawbridge for the past 

20 years, NCDOT requested to change 

the current operating regulations that 

the draw need not be opened for the 

passage of vessels. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments to the NPRM. Based on the 

information provided, we will 

implement a final rule with no changes 

to the NPRM. 

Discussion of Rule 

The Coast Guard is amending 33 CFR 

117.841, which governs the S117–S133 

Bridge by revising the paragraph to read 

that the draw need not be opened for the 

passage of vessels. 

Regulatory Analyses 

We developed this 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 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 reached this conclusion 

based on the fact that NCDOT has not 

received a request to open the bridge in 

over 20 years for waterway navigation. 

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 not have a significant 

economic impact on a substantial 

number of small entities because 

NCDOT has not received a request to 

open the bridge in over 20 years for 

waterway navigation. 

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 

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 


rfrederick on PRODPC74 with RULES
46194 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 

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 

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 M16475.1D 

and 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 concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

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

environmental documentation. 

Under 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. Revise § 117.841 to read as follows: 

§ 117.841 Smith Creek. 

The draw of the S117–S133 Bridge, 

mile 1.5 at Wilmington, need not open 

for the passage of vessels. 

Dated: July 30, 2008. 

Fred M. Rosa, Jr., 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. E8–18351 Filed 8–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2008–0218] 

RIN 1625–AA00 

Safety Zones: Annual Events 

Requiring Safety Zones in the Captain 

of the Port Detroit Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing safety zones for annual 

events in the Captain of the Port Detroit 

Zone. This rule consolidates current 

regulations establishing safety zones for 

annual fireworks events in the former 

Captain of the Port Toledo Zone and the 

former Captain of the Port Detroit Zone. 

In addition, it adds events not 

previously published in Coast Guard 

regulations. These safety zones are 

necessary to protect spectators, 

participants, and vessels from the 

hazards associated with fireworks 

displays or other events. 

DATES: This rule is effective August 8, 

2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0218 and are 

available online at http:// 

www.regulations.gov. This material is 

also available for inspection or copying 

at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and the U.S. 

Coast Guard, Sector Detroit, 110 Mt 

Elliot Ave, Detroit, MI 48207 between 8 

a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

CDR Joseph Snowden, Prevention, U.S. 

Coast Guard Sector Detroit at (313) 568–

9580. 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 May 22, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zones: Annual Events 

Requiring Safety Zones in the Captain of 

the Port Detroit Zone in the Federal 

Register (73 FR 29725). We received 

zero letters commenting on the rule. No 

public meeting was requested, and none 

was held. 

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 this rule would be 

contrary to the public interest of 

ensuring the safety and security of the 

spectators and participants during this 

event and immediate action is necessary 

to prevent possible loss of life or 

property. 


rfrederick on PRODPC74 with RULES