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Federal Register / Vol. 73, No.

21 / Thursday, January 31, 2008 / Rules and Regulations 5747

DEPARTMENT OF HOMELAND On October 11, 2007, we published a Townsend Inlet


SECURITY notice of proposed rulemaking (NPRM) The Townsend Inlet Bridge, at mile
entitled ‘‘Drawbridge Operation 0.3, in Avalon has a vertical clearance
Coast Guard Regulations; Corson Inlet, New Jersey of 23 feet above MHW and 26 feet above
Intracoastal Waterway (NJICW), MLW in the closed position to vessels.
33 CFR Part 117 Townsend Inlet, NJ’’ in the Federal The existing regulations are set out in 33
[USCG–2007–0026; [formerly published Register (72 FR 57904). We received CFR 117.757.
under CGD05–07–093]] three comments on the proposed rule.
The previously assigned NPRM docket Discussion of Comments and Changes
RIN 1625–AA09 number was CGD05–07–093. No public The Coast Guard received three
meeting was requested, and none was comments to the NPRM. One written
Drawbridge Operation Regulations; held.
Corson Inlet, New Jersey Intracoastal comment was from the U.S. Department
Waterway (NJICW), Townsend Inlet, NJ Background and Purpose of the Interior, Fish and Wildlife Service
(the Service). The Service has no
AGENCY: Coast Guard, DHS. The owner of the drawbridges, the objection to the issuance of the NPRM.
Cape May County Bridge Commission We received two comments from the
ACTION: Final rule. (the Commission), requested changes to same respondent at
SUMMARY: The Coast Guard is changing the operating regulations for the four www.regulations.gov under the new
the drawbridge operation regulations of drawbridges to allow them to operate on FDMS docket number USCG–2007–
four Cape May County Bridge an advance notice basis at different 0026. In both comments, the respondent
Commission (the Commission) bridges: times on December 24th, 25th and 26th essentially agreed with the issuance of
The Corson Inlet Bridge, at mile 0.9, at of every year. the NPRM.
Strathmere; the Stone Harbor Boulevard A review of the bridge logs supplied Based on the comments received and
Bridge, at NJICW mile 102.0, across by the Commission for the Corson Inlet information provided, we will
Great Channel at Stone Harbor; the Two- Bridge, at mile 0.9, at Strathmere; the implement a final rule with no changes
Mile Bridge, at NJICW mile 112.2, across Stone Harbor Boulevard Bridge, at to the NPRM.
Middle Thorofare in Wildwood Crest; NJICW mile 102.0, across Great Channel
at Stone Harbor; the Two-Mile Bridge at Discussion of Rule
and the Townsend Inlet Bridge, at mile
0.3 in Avalon, NJ. This final rule allows NJICW mile 112.2, across Middle Corson Inlet
the drawbridges to operate on an Thorofare in Wildwood Crest; and the
Townsend Inlet Bridge, at mile 0.3 in The Coast Guard is amending 33 CFR
advance notice basis for specific dates, 117.714 by revising the operating
times and holiday in December of every Avalon; reveals that these drawbridges
have not received any requests nor regulations by extending the two-hour
year. These changes will still provide notice period in effect during the off
for the reasonable needs of navigation. performed any bridge openings on the
aforementioned dates for at least the season to include all of December 25.
DATES: This rule is effective March 3, The final rule would read as follows:
previous nine years.
2008. The Cape May County Bridge The draw of the Corson Inlet Bridge,
ADDRESSES: Comments and material Commission Department of Public mile 0.9, at Strathmere, shall open on
received from the public, as well as Works currently maintains a 24-hour signal: Except, that from October 1
documents indicated in this preamble as telephone at (609) 368–4591 to request through May 15 from 10 p.m. to 6 a.m.
being available in the docket, are part of bridge openings. Qualified personnel and from 6 a.m. to 10 p.m. on December
docket USCG–2007–026 and are will be on-call and ready for dispatch 25 the draw need open only if at least
available for inspection or copying at with two-hour advance notice for the two hours notice is given.
Commander (dpb), Fifth Coast Guard following drawbridges: New Jersey Intracoastal Waterway
District, Federal Building, 1st Floor, 431 Corson Inlet
Crawford Street, Portsmouth, VA The Coast Guard is amending 33 CFR
23704–5004 between 8 a.m. and 4 p.m., The Corson Inlet Bridge, mile 0.9, at 117.733 by revising paragraph (i), which
Monday through Friday, except Federal Strathmere has a vertical clearance of 15 details the operating regulations for the
holidays. The Fifth Coast Guard District feet above mean high water (MHW) and Stone Harbor Boulevard Bridge at
maintains the public docket for this 18 feet above mean low water (MLW) in NJICW mile 102.0, across Great Channel
rulemaking. the closed position to vessels. The at Stone Harbor.
existing operating regulations are set out A new paragraph will be added at
FOR FURTHER INFORMATION CONTACT: in 33 CFR 117.714. § 117.733(i)(3) to read that the draw
Waverly W. Gregory, Jr., Bridge shall open on signal from 10 p.m. on
Administrator, Fifth Coast Guard New Jersey Intracoastal Waterway December 24 until 6 a.m. on December
District, at (757) 398–6222. The Stone Harbor Boulevard Bridge, 26 if at least two hours notice is given.
SUPPLEMENTARY INFORMATION: at NJICW mile 102.0, across Great The Coast Guard is also amending 33
Channel at Stone Harbor has a vertical CFR 117.733 by revising paragraph (k),
Regulatory History which details the operating regulations
clearance of 11 feet above MHW and 15
On October 1, 2007, the new Federal feet above MLW in the closed position for the Two-Mile Bridge, at NJICW mile
Docket Management System (FDMS) to vessels. The existing operating 112.2, across Middle Thorofare in
was established and FDMS numbers regulations are set out in 33 CFR Wildwood Crest.
were assigned to all actions published § 117.733(i). Paragraph (k) will state that the draw
in the Federal Register. New FDMS The Two-Mile Bridge, at NJICW mile shall open on signal except: (1) From
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numbers are posted and requested 112.2, across Middle Thorofare in 9:15 a.m. to 10:30 a.m. on the fourth
comments are reviewed at Wildwood Crest has a vertical clearance Sunday in March of every year, the
www.regulations.gov. The FDMS of 23 feet above MHW and 27 feet above draw need not open for vessels. If the
number assigned to this rule was MLW. The existing regulations are set fourth Sunday falls on a religious
USCG–2007–0026. out in 33 CFR § 117.733(k). 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 their transits in accordance with the taking implications under Executive
the third Sunday of March of every year; scheduled bridge openings can Order 12630, Governmental Actions and
and (2) from 10:30 p.m. on December 24 minimize delay and vessels that can Interference with Constitutionally
until and including 10:30 p.m. on pass under the bridges without a bridge Protected Property Rights.
December 26, the draw need open only opening may do so at all times.
Civil Justice Reform
if at least two hours notice is given.
Assistance for Small Entities This rule meets applicable standards
Townsend Inlet Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive
The Coast Guard is amending 33 CFR Business Regulatory Enforcement Order 12988, Civil Justice Reform, to
117.757 by revising the operating Fairness Act of 1996 (Pub. L. 104–121), minimize litigation, eliminate
regulations to read as follows: The draw we offered to assist small entities in ambiguity, and reduce burden.
of Townsend Inlet Bridge, mile 0.3 in understanding the rule so that they
Protection of Children
Avalon, shall open on signal except: (1) could better evaluate its effects on them
From 9:15 a.m. to 2:30 p.m. on the and participate in the rulemaking We have analyzed this rule under
fourth Sunday in March of every year, process. Executive Order 13045, Protection of
the draw need not open for vessels. If Small businesses may send comments Children from Environmental Health
the fourth Sunday falls on a religious on the actions of Federal employees Risks and Safety Risks. This rule is not
holiday, the draw need not open from who enforce, or otherwise determine an economically significant rule and
9:15 a.m. to 2:30 p.m. on the third compliance with, Federal regulations to would not create an environmental risk
Sunday of March of every year; and (2) the Small Business and Agriculture to health or risk to safety that might
from 11 p.m. on December 24 until 11 Regulatory Enforcement Ombudsman disproportionately affect children.
p.m. on December 25, the draw need and the Regional Small Business Indian Tribal Governments
open only if at least two hours notice is Regulatory Fairness Boards. The
given. Ombudsman evaluates these actions This rule does not have tribal
annually and rates each agency’s implications under Executive Order
Regulatory Evaluation 13175, Consultation and Coordination
responsiveness to small business. If you
This rule is not a ‘‘significant wish to comment on actions by with Indian Tribal Governments,
regulatory action’’ under section 3(f) of employees of the Coast Guard, call 1– because it would not have a substantial
Executive Order 12866, Regulatory 888–REG–FAIR (1–888–734–3247). The direct effect on one or more Indian
Planning and Review, and does not Coast Guard will not retaliate against tribes, on the relationship between the
require an assessment of potential costs small entities that question or complain Federal Government and Indian tribes,
and benefits under section 6(a)(3) of that about this rule or any policy or action or on the distribution of power and
Order. The Office of Management and of the Coast Guard. responsibilities between the Federal
Budget has not reviewed it under that Government and Indian tribes.
Order. It is not ‘‘significant’’ under the Collection of Information
Energy Effects
regulatory policies and procedures of This rule calls for no new collection
the Department of Homeland Security of information under the Paperwork We have analyzed this rule under
(DHS). Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions
This conclusion is based on the fact 3520.). Concerning Regulations That
that these changes have only a minimal Significantly Affect Energy Supply,
impact on maritime traffic transiting the Federalism Distribution, or Use. We have
bridges. Mariners can plan their trips in A rule has implications for federalism determined that it is not a ‘‘significant
accordance with the scheduled bridge under Executive Order 13132, energy action’’ under that order because
openings to minimize delays, and Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’
vessels that can pass under the bridges effect on State or local governments and under Executive Order 12866 and is not
without a bridge opening may do so at would either preempt State law or likely to have a significant adverse effect
all times. impose a substantial direct cost of on the supply, distribution, or use of
compliance on them. We have analyzed energy. The Administrator of the Office
Small Entities of Information and Regulatory Affairs
this rule under that Order and have
Under the Regulatory Flexibility Act determined that it does not have has not designated it as a significant
(5 U.S.C. 601–612), we have considered implications for federalism. energy action. Therefore, it does not
whether this rule would have a require a Statement of Energy Effects
significant economic impact on a Unfunded Mandates Reform Act under Executive Order 13211.
substantial number of small entities. The Unfunded Mandates Reform Act
Technical Standards
The term ‘‘small entities’’ comprises of 1995 (2 U.S.C. 1531–1538) requires
small businesses, not-for-profit Federal agencies to assess the effects of The National Technology Transfer
organizations that are independently their discretionary regulatory actions. In and Advancement Act (NTTAA) (15
owned and operated and are not particular, the Act addresses actions U.S.C. 272 note) directs agencies to use
dominant in their fields, and that may result in the expenditure by a voluntary consensus standards in their
governmental jurisdictions with State, local, or tribal government, in the regulatory activities unless the agency
populations of less than 50,000. aggregate, or by the private sector of provides Congress, through the Office of
The Coast Guard certifies under 5 $100,000,000 or more in any one year. Management and Budget, with an
U.S.C. 605(b) that this rule would not Though this rule will not result in such explanation of why using these
have a significant economic impact on expenditure, we do discuss the effects of standards would be inconsistent with
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a substantial number of small entities. this rule elsewhere in this preamble. applicable law or otherwise impractical.
This conclusion is based on the fact Voluntary consensus standards are
that the changes will have only a Taking of Private Property technical standards (e.g., specifications
minimal impact on maritime traffic This rule would not affect a taking of of materials, performance, design, or
transiting the bridge. Mariners who plan private property or otherwise have 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 (1) From 9:15 a.m. to 10:30 a.m. on DATES: This rule is effective from
systems practices) that are developed or the fourth Sunday in March of every January 25, 2008 through February 28,
adopted by voluntary consensus year, the draw need not open for 2008.
standards bodies. vessels. If the fourth Sunday falls on a ADDRESSES: Documents indicated in this
This rule does not use technical religious holiday, the draw need not preamble as being available in the
standards. Therefore, we did not open for vessels from 9:15 a.m. to 10:30 docket are part of docket USCG–2007–
consider the use of voluntary consensus a.m. on the third Sunday of March of 0169 and are available online at
standards. every year. www.regulations.gov. They are also
(2) From 10:30 p.m. on December 24 available for inspection or copying at
Environment
until 10:30 p.m. on December 26, the the Docket Management Facility (M–30),
We have analyzed this rule under draw need open only if at least two U.S. Department of Transportation,
Commandant Instruction M16475.lD hours notice is given. West Building Ground Floor, Room
which guides the Coast Guard in * * * * * W12–140, 1200 New Jersey Avenue, SE.,
complying with the National ■ 4. § 117.757 is revised to read as Washington, DC 20590, between 9 a.m.
Environmental Policy Act of 1969 follows: and 5 p.m., Monday through Friday,
(NEPA) (42 U.S.C. 4321–4370f), and except Federal holidays.
have concluded that there are no factors § 117.757 Townsend Inlet.
FOR FURTHER INFORMATION CONTACT:
in this case that would limit the use of The draw of Townsend Inlet Bridge, Commander Jennifer Williams,
a categorical exclusion under section mile 0.3 in Avalon, shall open on signal Prevention Department Head, United
2.B.2 of the Instruction because this rule except: States Coast Guard Sector North
involves drawbridge regulations. (a) From 9:15 a.m. to 2:30 p.m. on the Carolina at (252) 247–4570 or (252) 247–
Therefore, this rule is categorically fourth Sunday in March of every year, 4546.
excluded, under figure 2–1, paragraph the draw need not open for vessels. If SUPPLEMENTARY INFORMATION:
(32)(e) of the Instruction, from further the fourth Sunday falls on a religious
environmental documentation. holiday, the draw need not open from Regulatory Information
List of Subjects in 33 CFR Part 117 9:15 a.m. to 2:30 p.m. on the third We did not publish a notice of
Sunday of March of every year. proposed rulemaking (NPRM) for this
Bridges. (b) From 11 p.m. on December 24 regulation. Under 5 U.S.C. 553(b)(B), the
Words of Issuance and Regulatory Text until 11 p.m. on December 25, the draw Coast Guard finds that good cause exists
need open only if at least two hours for not publishing an NPRM. The
■ For the reasons discussed in the notice is given. publishing of an NPRM would be
preamble, the Coast Guard amends 33
Dated: January 16, 2008. impracticable and contrary to public
CFR part 117 as follows:
Fred M. Rosa, Jr., interest since immediate action is
PART 117—DRAWBRIDGE Rear Admiral, U.S. Coast Guard, Commander, needed to protect the maritime public
OPERATION REGULATIONS Fifth Coast Guard District. from the hazards associated with this
[FR Doc. E8–1764 Filed 1–30–08; 8:45 am] maintenance project. The necessary
■ 1. The authority citation for part 117 BILLING CODE 4910–15–P
information to determine whether the
continues to read as follows: construction poses a threat to persons
Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and vessels was not provided with
Department of Homeland Security Delegation DEPARTMENT OF HOMELAND sufficient time to publish an NPRM. For
No. 0170.1. SECURITY the safety concerns noted, it is in the
■ 2. Revise § 117.714 to read as follows: public interest to have this regulation in
Coast Guard effect during the construction.
§ 117.714 Corson Inlet. Under 5 U.S.C. 553(d)(3), the Coast
The draw of the Corson Inlet Bridge, 33 CFR Part 165 Guard finds that good cause exists for
mile 0.9, at Strathmere, shall open on making this rule effective less than 30
signal; except that from October 1 [Docket No. USCG–2007–0169] days after publication in the Federal
through May 15 from 10 p.m. to 6 a.m. Register. Delaying the effective date
and from 6 a.m. to 10 p.m. on December would be contrary to the public interest,
RIN 1625–AA00
25 the draw need open only if at least since immediate action is needed to
two hours notice is given. Safety Zone: Trent River Between New ensure the public’s safety.
■ 3. § 117.733 is amended by adding a Bern and James City, NC Background and Purpose
new paragraph (i)(3) and revising
paragraph (k) to read as follows: AGENCY: Coast Guard, DHS. Originally, Balfour Beatty
ACTION: Temporary Final Rule. Infrastructure, Inc. planned to relocate
§ 117.733 New Jersey Intracoastal construction equipment on Tuesdays,
Waterway. SUMMARY: The Coast Guard will Wednesdays and Thursdays from 10
* * * * * reinstate a safety zone on the waters of a.m. to 2 p.m. from January 8, 2008
(i) * * * the Trent River between New Bern and through January 24, 2008. Balfour has
(3) From 10 p.m. on December 24 James City, North Carolina in the since determined that they need another
until 6 a.m. on December 26, the draw vicinity of the U.S. Route 70 Highway month to complete the project. For this
need open only if at least two hours Swing Bridge. This safety zone is reason, the Coast Guard is reinstating
notice is given. necessary to provide for safety of life on this regulation through February 28,
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* * * * * navigable waters during the movement 2008. The construction will take place
(k) The draw of Two-Mile Bridge, of bridge construction equipment from in the vicinity of the U.S. Route 70
mile 112.2, across Middle Thorofare in the southern end of the bridge Highway Swing Bridge from James City,
Wildwood Crest, shall open on signal construction project to the northern end NC to New Bern, NC. To provide for the
except: of the project. safety of the public, the Coast Guard

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