[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Proposed Rules]
[Pages 65613-65614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30967]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-95-065]
Drawbridge Operation Regulations; Nacote Creek, New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the New Jersey Department of Transportation
(NJDOT), the Coast Guard is proposing to change the regulations
governing operation of the Route 9 Bridge across Nacote Creek, mile
1.5, in Smithville, Atlantic County, New Jersey. This proposal would
require the Route 9 Bridge to open on signal except during the period
from 11 p.m. to 7 a.m., when a two-hour advance notice for openings
would be required. This change should help relieve the bridge owner of
the burden of having a bridgetender constantly available at times when
there are few or no quests for openings, while still proving for the
needs of navigation.
DATE: Comments must be received on or before February 20, 1996.
ADDRESSES: Comments may be mailed to Commander, Fifth Coast Guard
District, c/o Commander (obr), First Coast Guard District, Bldg. 135A,
Governors Island, New York 10004-5073, or may be hand-delivered to the
same address between 8 a.m. and 4:30 p.m., Monday through Friday,
except Federal holidays. The telephone number is (212) 668-7170.
Comments will become part of this docket and will be available for
inspection and copying at the above address.
FOR FURTHER INFORMATION CONTACT: Gary Kassof, Bridge Administrator-NY,
Fifth Coast Guard District, (212) 668-6969.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, comments, data, or
arguments. Persons submitting comments should include their names and
addresses, identify this rulemaking (CGD05-95-065), the specific
section of this rule to which each comment applies, and give reasons
for each comment. The Coast Guard requests that all comments and
attachments be submitted in an unbound format suitable for copying and
electronic filing. If that is not practical, a second copy of any bound
material is requested. Persons wanting acknowledgment of receipt of
comments should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this rule in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander, Fifth Coast Guard District,
c/o Commander (obr), First Coast Guard District at the address listed
under ADDRESSES. The request should include reasons why a hearing would
be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are Mr. J.
Arca, Fifth Coast Guard District, Bridge
[[Page 65614]]
Branch-NY, Project Officer, and CAPT R.A. Knee, Fifth Coast Guard
District Legal Office, Project Counsel.
Background and Purpose
The Route 9 Bridge across Nacote Creek, mile 1.5, at Smithville,
Atlantic County, NJ, has a vertical clearance of 5' above mean high
water (MHW) and 8' above mean low water (MLW) in the closed position.
The current regulations require the bridge to open on signal at all
times.
Review of the bridge logs provided by NJDOT reveals that from 11
p.m. to 7 a.m., there were no requests for bridge openings in 1992 and
1993, and only 13 requests for openings in 1994 during these hours.
NJDOT is seeking relief from the requirement that a bridgetender be
present during the hours of 11 p.m. to 7 a.m. when there are minimal
requests for openings.
The New Jersey Department of Transportation requested that the
Coast Guard make a permanent change to the regulations governing
operation of the Route 9 Bridge to require the draw to open on signal
except from 11 p.m. to 7 a.m., which would require a two-hour advance
notice. At all other times, the bridge would open on signal. The
bridgetenders would be on call to open the draw when the advance notice
is given. A 24-hour special telephone number would be posted on the
bridge and maintained by the NJDOT.
Accordingly, a new provision allowing the draw of the Route 9
bridge, at mile 1.5, to remain closed during late night and early
morning hours unless two hours advance notice is given will be
designated as paragraph (a). The current provision allowing the draw of
the Atlantic County (Rte. 575) bridge, at mile 3.5, to remain closed
unless eight hours advance notice is given will be designated as
paragraph (b). A general provision requiring the passage of Federal,
State, and local government vessels used for public safety through all
drawbridges in published at 33 CFR 117.31, and is no longer required to
be published for each waterway. Therefore, this proposal would remove a
provision requiring passage of public vessels from section 117.732.
Regulatory Evaluation
The proposed action 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 rule will not prevent mariners from transiting the bridge. It
will only require mariners to plan their transits.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, 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 field 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 proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposal will not have a significant economic impact
on a substantial number of small entities.
Collection of Information
This proposal 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 been determined
that this proposal will not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, July 29, 1994), this
proposal 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 proposes to
amend part 117 of Title 33, Code of Federal Regulations, 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); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.732 is revised to read as follows:
Sec. 117.732 Nacote Creek.
(a) The Route 9 bridge, mile 1.5, shall open on signal except that
from 11 p.m. to 7 a.m., the draw shall open if at least two hours
advance notice is given.
(b) The draw of the Atlantic County (Rte. 575) bridge, mile 3.5, at
Port Republic, shall open on signal if at least eight hours advance
notice is given.
Dated: November 22, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-30967 Filed 12-19-95; 8:45 am]
BILLING CODE 4910-14-M
