[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Rules and Regulations]
[Pages 4787-4788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2346]
[[Page 4787]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-97-134]
RIN 2115-AE47
Drawbridge Operation Regulations; Passaic River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating rules for the I-280
Bridge (Stickel Memorial), mile 5.8, over the Passaic River at
Harrison, New Jersey, to permit the draw to open on signal after a
twenty four hour advance notice is given due to the infrequency of
requests to open the draw by vessels. It is expected that this final
rule will relive the bridge owner of the responsibility to have a
drawtender present and still provide for the needs of navigation.
DATES: This final rule is effective March 3, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Ma. 02110-3350, between 7 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(617) 223-8364.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory History
On May 18, 1998, the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulations Passaic River, New
Jersey, in the Federal Register (63 FR 27240). The Coast Guard did not
receive any comments in response to the notice of proposed rulemaking.
No public hearing was request, and none was held.
On October 29, 1998, the Coast Guard published a supplemental
notice of proposed rulemaking entitled Drawbridge Operation Regulations
Passaic River, New Jersey, in the Federal Register (63 FR 57963). The
Coast Guard did not receive any comments in response to the
supplemental notice of proposed rulemaking. No public hearing was
requested, and none was held.
Background
The Route 280 Bridge, mile 5.8, at Harrison, New Jersey, has a
vertical clearance of 35 feet at mean high water and 40 feet at mean
low water.
The current operating regulations in 33 CFR 117.739(h) require the
bridge to open on signal if at least eight (8) hours advance notice is
given. There have been only 8 requests to open this bridge since 1987.
The bridge owner, the New Jersey Department of Transportation (NJDOT),
has requested relief from being required to crew the bridge since there
have been so few requests to open the bridge. The general operating
regulations for bridges require that the bridge owner maintain the draw
in good serviceable condition.
The Coast Guard originally published a notice of proposed
rulemaking to allow the bridge to need not be opened for vessel
traffic. The Coast Guard, after further consideration, decided to
change the rule in the notice of proposed rulemaking to a twenty four
hour advance notice for bridge openings in place of the need not open
requirement originally proposed. This change was made because the Coast
Guard believes that since the bridge owner must maintain the draw in
operable condition that the draw should still open for vessels is a
request is given. The Coast guard believes that a twenty four hour
advance notice requirement is a reasonable amount of time for the
bridge owner to have personnel at the bridge for an opening. A
supplemental notice of proposed rulemaking was then published with a
twenty four hour advance notice requirement for all bridge openings.
This final rule is being published with no changes from the
supplemental notice of proposed rulemaking.
Discussion of Comments and Changes
No comments were received in response to the notice of proposed
rulemaking and no comments were received in response to the
supplemental notice of proposed rulemaking. A public hearing was not
requested and none was held. No changes have been made to this final
rule.
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 not been reviewed 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; Feb. 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. This conclusion is based on the fact that there have been
only 8 requests to open this bridge in the last ten years.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final 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 less than
50,000. For the reasons discussed in the Regulatory Evaluation section
above, the Coast Guard certifies under 5 U.S.C. 605(b) of the
Regulatory Flexibility Act 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 final rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this final rule does not have sufficient implications
for federalism to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under Figure 2-1, paragraph 32(e), of
Commandant Instruction M16475.1C, this final rule is categorically
excluded from further environmental documentation because promulgation
of changes to drawbridge regulations have been found not to have a
significant effect on the environment. A written ``Categorical
Exclusion Determination'' is not required for this final rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
[[Page 4788]]
PART 117--DRAWBRIDGE OPERATION 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. In Sec. 117.739, redesignate paragraphs (j) and (k) as
paragraphs (k) and (j); revise newly redesignated paragraph (k) by
removing the number ``6.9'' and adding, in its place, the number
``8.9''; and revise paragraph (h) to read as follows:
Sec. 117.739 Passaic River.
* * * * *
(h) The Route 280 Bridge, mile 5.8, at Harrison, New Jersey, shall
open on signal if at least 24 hours notice is given by calling the
number posted at the bridge.
* * * * *
Dated: January 20, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-2346 Filed 1-29-99; 8:45 am]
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