[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Rules and Regulations]
[Page 51732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24527]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD05 94-093]
Drawbridge Operation Regulations; Mullica River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of Burlington County, the Coast Guard is
changing the regulations governing the Lower Bank bridge over the
Mullica River at mile 15.0 between Atlantic and Burlington Counties,
New Jersey. This change will extend the period during the winter months
to include April when a four-hour advance notice for all bridge
openings is required. This change is being made because there have been
few requests for bridge openings during this time period.
EFFECTIVE DATE: November 2, 1995.
FOR FURTHER INFORMATION CONTACT:
Mr. G. Kassof, Bridge Administrator--NY, Fifth Coast Guard District
(212) 668-7069.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mr. J.
Arca, Fifth Coast Guard District, Bridge Branch-NY, Project Manager,
and CAPT R. A. Knee, Fifth Coast Guard District Legal Office, Project
Counsel.
Regulatory History
On February 13, 1995, the Coast Guard published a Notice of
Proposed Rulemaking entitled ``Drawbridge Operation Regulations,
Mullica River, New Jersey'' in the Federal Register (60 FR 8209). The
comment period ended May 15, 1995. The Coast Guard received one comment
on the notice of proposed rulemaking supporting the Coast Guard's
proposed change to the regulations. A public hearing was not requested,
and one was not held.
Background and Purpose
The Lower Bank highway bascule bridge over the Mullica River in
Lower Bank, New Jersey, was replaced in 1993. The present bridge has a
vertical clearance of 13 feet above mean high water (MHW) in the closed
position which is 4 feet higher than the previous bridge. During the
period from December 1993 through April 1994, a period of 151 days, the
bridge opened on request on only 34 days. The current operating
regulations implemented in January 1988 require the Lower Bank bridge
to open on signal, except from April 1 through November 30 from 11 p.m.
to 7 a.m., and from December 1 through March 31 from 4:30 p.m. to 8
a.m., a 4-hour advance notice is required for a bridge opening. This
change to the regulations will include April in the winter seasonal
restrictions and increase the 4-hour advance notice requirement to
apply to all requests for bridge openings from December through April.
This change will provide the bridge owner with relief from constantly
having a person available to open the bridge at times when openings are
not needed.
Regulatory Evaluation
This 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
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 the regulation will not
prevent mariners from passing through the Lower Bank Bridge, but will
require mariners to provide a 4-hour advance notice of their arrival
from May 1 through November 30 between 11 p.m. and 7 a.m., and from
December 1 to April 30 at all times. At all other times, the bridge
will open on signal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their fields and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). Because it expects the impact of this
rule to be minimal, 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.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (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 it has determined that
this rule does 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
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.
In consideration of the foregoing, the Coast Guard is amending part
117 of Title 33, Code of Federal Regulations to read 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; 49 CFR 1.46; 33 CFR 1.05-1(g).
2. In section 117.731a paragraph (a) is revised to read as follows:
Sec. 117.731a Mullica River.
* * * * *
(a) The draw of the Lower Bank bridge, mile 15.0, need not open
during the following periods unless at least four hours notice is
given:
(1) From May 1 through November 30, from 11 p.m. to 7 a.m.
(2) From December 1 through April 30, at all times.
* * * * *
Dated: September 14, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-24527 Filed 10-2-95; 8:45 am]
BILLING CODE 4910-14-M
