Rule2026-01398

Drawbridge Operation Regulation; Inside Thorofare, Ventnor City, New Jersey

Primary source

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Published
January 26, 2026
Effective
February 25, 2026

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

The Coast Guard is changing the operating schedule that governs the Dorset Avenue Bridge across Inside Thorofare, mile 72.1, at Ventnor City, NJ. The final rule will allow the drawbridge to only open between the hours of 11 p.m. to 7 a.m., if at least four hours' notice is given.

Full Text

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<title>Federal Register, Volume 91 Issue 16 (Monday, January 26, 2026)</title>
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[Federal Register Volume 91, Number 16 (Monday, January 26, 2026)]
[Rules and Regulations]
[Pages 3030-3031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01398]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2025-0312]
RIN 1625-AA09


Drawbridge Operation Regulation; Inside Thorofare, Ventnor City, 
New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Dorset Avenue Bridge across Inside Thorofare, mile 72.1, at 
Ventnor City, NJ. The final rule will allow the drawbridge to only open 
between the hours of 11 p.m. to 7 a.m., if at least four hours' notice 
is given.

DATES: This rule is effective February 25, 2026.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the 
docket number USCG-2025-3012 in the ``SEARCH'' box and click 
``SEARCH''. In the Document Type column, select ``Supporting & Related 
Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jack H. Williams, Bridge Management Specialist, USCG 
East District; telephone 206-815-5085, email <a href="/cdn-cgi/l/email-protection#1d577c7e763355334a747171747c706e2f5d686e7e7a33707471"><span class="__cf_email__" data-cfemail="9ad0fbf9f1b4d2b4cdf3f6f6f3fbf7e9a8daefe9f9fdb4f7f3f6">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On June 9, 2025, the Coast Guard published a Notice of Proposed 
Rulemaking NPRM) entitled ``Drawbridge Operation Regulation; Inside 
Thorofare, Ventnor City, New Jersey'' in the Federal Register (90 FR 
24256). There we stated why we issued the NPRM and invited comments on 
our proposed regulatory action related to this regulatory change. 
During the comment period that ended July 9, 2025, we received no 
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Dorset Avenue Bridge across Inside Thorofare, mile 72.1, at Ventnor 
City, NJ, has a vertical clearance of 9 feet at mean high water in the 
closed to navigation position (unlimited in the open to navigation 
position) and a horizontal clearance of 50 feet between the bridge 
protective system. Waterway users include pleasure craft, commercial 
and sport fishing vessels.
    The existing drawbridge operating regulation for the Dorset Avenue 
Bridge is listed in 33 CFR 117.733(i) and requires that the Bridge open 
on signal except that from June 1 through September 30, from 9:15 a.m. 
to 9:15 p.m., the draw need only open at 15 and 45 minutes after the 
hour. A review of the drawbridge logs provided by Atlantic County, the 
Bridge Owner, has revealed that requests for opening of the bridge have 
decreased thus indicating minimal use. For the years 2022, 2023, and 
2024, from 11 p.m. to 7 a.m., the Dorset Avenue Bridge has opened for 
vessels 42, 51, and 29 times, respectively. Because of minimal demand 
for bridge opening, between the hours of 11 p.m. to 7 a.m., the bridge 
owner has requested that during these hours, year-round, the bridge 
need only open when a four-hour advance notice is given.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments on the NPRM and provided a 
comment period of 30 days. The Coast Guard is amending Section 117.733 
by revising paragraph (i) to include a new 4 hour notice requirement 
for openings between the hours of 11 p.m. and 7 a.m. The final rule 
will require a four-hour advance notice for openings, between the hours 
of 11 p.m. and 7 a.m., for the Dorset Avenue Bridge. Vessels that can 
pass under the restricted vertical clearance and without requesting a 
bridge opening may do so. The existing operating schedule for the June 
1 through September 30 time period will remain. The existing 
regulations states from June 1 through September 30, from 9:15 a.m. to 
9:15 p.m., the draw need open only on the 15 and 45 minutes after the 
hour. At all other times not mentioned, the bridge will open on signal.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders.

A. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the

[[Page 3031]]

potential impact of regulations on small entities during rulemaking. 
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 received 0 comments 
from the Small Business Administration on this rule. 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 
for the following reasons. Small entities can continue to pass under 
the drawbridge with a four-hour advance notice for openings, between 
the hours of 11 p.m. and 7 a.m., for the Dorset Avenue Bridge. Vessels 
that can pass under the restricted vertical clearance and without 
requesting a bridge opening may do so.
    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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

B. 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).

C. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

D. 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 (adjusted for 
inflation) 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.

E. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule promulgates the operating 
regulations or procedures for drawbridges and is categorically excluded 
from further review, under paragraph L49, of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No. 
00170.1, Revision No. 01.4.

0
2. Amend Sec.  117.733 by revising paragraph (i) to read as follows:


Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (i) The draw of the Dorset Avenue Bridge across Inside Thorofare, 
mile 72.1, at Ventnor City, shall open on signal except that:
    (1) Year-round, from 11 p.m. to 7 a.m., the draw need only open if 
at least four-hour notice is given.
    (2) From June 1 through September 30, from 9:15 a.m. to 9:15 p.m., 
the draw need open only on the 15 and 45 minutes after the hour.
* * * * *

J.C. Vann,
Rear Admiral (upper half), U.S. Coast Guard, Commander, East District.
[FR Doc. 2026-01398 Filed 1-23-26; 8:45 am]
BILLING CODE 9110-04-P


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Indexed from Federal Register on January 26, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.