[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Pages 45159-45160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22674]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-97-002]
RIN 2115-AE47
Drawbridge Operation Regulations; Ship Channel, Great Egg Harbor
Bay, New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: At the request of the New Jersey Department of Transportation
(NJDOT), the Coast Guard is changing the regulations governing
operation of the Route 52 (Ship Channel) Bridge across Great Egg Harbor
Bay, mile 0.5, between Somers Point and Ocean City, New Jersey.
This rule will require the Route 52 (Ship Channel) Bridge to open
on signal except that, between Memorial Day and Labor Day from 8 a.m.
to 8 p.m., the draw need only open on the hour and half hour. During
the summer tourist season, this rule will curtail delays to vehicular
traffic while still providing for the reasonable needs of navigation.
DATES: This final rule is effective on September 25, 1997.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the office of the Commander (Aowb), USCG
Atlantic Area, Federal Building, 4th Floor, 431 Crawford Street,
Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday
through Friday, except Federal holidays. The telephone number is (757)
398-6222.
FOR FURTHER INFORMATION CONTACT:
Ann Deaton, Bridge Administrator, USCG Atlantic Area, (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 21, 1997, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Ship
Channel, Great Egg Harbor Bay, New Jersey'' in the Federal Register (62
FR 19243). The Coast Guard received one letter commenting on the
proposed rulemaking. No public hearing was requested and none was held.
Background and Purpose
The current regulations found at 33 CFR 117.753 require the Route
52 (Ship Channel) bridge to open on signal except that from 11 p.m. to
7 a.m., year-round a 24 hour advance notice is required; and from
Memorial Day through Labor Day from 10 a.m. to 8 p.m. on Saturdays,
Sundays, and Federal holidays, the bridge opens only on the hour and
half hour for recreational vessels.
The New Jersey Department of Transportation (NJDOT) requested that
33 CFR 117.753 be amended to extend the periods during the summer
months in which the bridge must open only on the hour and half hour. In
support of its request NJDOT contended that its records show that
requests for openings from Memorial Day through Labor Day are minimal
in number, such that the requested amendment would not significantly
affect vessel traffic.
The Coast Guard reviewed NJDOT's bridge logs for 1993 through 1995,
copies of which are included in the docket of this rulemaking.
According to the logs, for the years 1993 through 1995, from May
through September between 8 a.m. and 8 p.m. Monday through Friday, the
Route 52 (Ship Channel) bridge opened 250, 248, and 287 times,
respectively, for recreational and commercial vessels, an average of 12
openings per week. The Coast Guard believes that this rule will balance
the needs of vehicular and vessel traffic without unduly restricting
vessel navigation.
NJDOT also requested a change to the operating regulations for the
Route 52 (Beach Thorofare) Bridge. Due to the close proximity of the
Route 52 bridges over Beach Thorofare and Ship Channel, which are
located approximately two miles apart, synchronized openings will
augment the effectiveness of the recommended change to the regulations
for the Route 52 (Ship Channel) Bridge.
Therefore, the Coast Guard is amending Section 117.753 by revising
[[Page 45160]]
paragraph (b) to require the Route 52 (Ship Channel) Bridge, mile 0.5,
Great Egg Harbor Bay, to open on signal except that openings will be
limited to on the hour and half hour from Memorial Day to Labor Day
from 8 a.m. to 8 p.m.
The Coast Guard is also amending Section 117.753 by deleting
subparagraphs (a)(1) and (b)(1) to remove the requirement to open for
public vessels of the United States, state and local vessels used for
public safety, a vessel in distress, or a vessel with a tow. The
regulatory requirements for opening in these and emergency situations
are provided in 33 CFR 117.31.
Discussion of Comments and Changes
The Coast Guard received one comment on the NRPM. The comment
stated that the proposed rule is unfair since the majority of vessels
requiring bridge openings for the Route 52 (Ship Channel) Bridge do not
use the Route 52 (Beach Thorofare) Bridge, and the tidal currents are
extremely fast at the Route 52 (Ship Channel) Bridge which could cause
problems for vessels awaiting a bridge opening. The Coast Guard
considered the comment received, but has not changed the final rule.
The Coast Guard believes that synchronizing the opening schedules of
the Beach Thorofare and Ship Channel bridges will enhance the flow of
vehicular traffic along Route 52 without unnecessarily impeding vessel
traffic, particularly if, as the comment suggests, vessels transiting
under one bridge do not usually transit under the other. Further, the
Coast Guard believes that limiting openings to twice per hour during
summer months will not cause an unsafe accumulation of vessels waiting
for openings, as demonstrated by the limited number of openings
required from 1993 to 1995. A predictable schedule of openings on the
hour and half hour will only require vessel operators to plan their
transits in order to minimize delays while waiting for a bridge
opening.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this final rule to be so minimal that a full
Regulatory Evaluation, under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include 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.
This final rule does not restrict vessel navigation, but merely
limits the bridge openings to on the hour and half hour, from 8 a.m. to
8 p.m., from Memorial Day through Labor Day. Therefore, the Coast Guard
certifies under section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), that this final rule will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This final rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule will not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this
final rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement has been
prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 117 as follows:
PART 117--DRAWBRIDGE REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.753 is revised to read as follows:
Sec. 117.753 Ship Channel, Great Egg Harbor Bay.
The draw of the S52 (Ship Channel) bridge, mile 0.5 between Somers
Point and Ocean City, shall open:
(a) From 11 p.m. to 7 a.m., on signal, if at least 24 hours advance
notice is given.
(b) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., on
the hour and half hour.
(c) At all other times, on signal, for any vessel.
Dated: August 8, 1997.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-22674 Filed 8-25-97; 8:45 am]
BILLING CODE 4910-14-P/M
