[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Proposed Rules]
[Pages 8209-8211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3545]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-94-093]
RIN 2115-AE47
Drawbridge Operation Regulations; Mullica River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of Burlington County, New Jersey, the Coast
Guard is considering a change to the regulations governing operation of
the Lower Bank bridge over the Mullica River at mile 15.0 between
Atlantic and Burlington Counties, New Jersey. This change will extend
the existing winter seasonal restrictions into April and require four
hours advance notice of all bridge openings during this period. This
change is being proposed because there have been few requests for
bridge openings during the winter months. The proposed change, if
adopted, will relieve the bridge owner of the responsibility of having
a bridgetender constantly on duty during a time of year when there is
no demonstrated need for one, and will still provide for the reasonable
needs of navigation throughout the year.
DATES: Comments must be received on or before May 15, 1995.
ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard
District, c/o Commander (obr), First Coast Guard District, Bldg. 135A,
Governors Island, New York 10004-5073. The comments will become part of
this docket and will be available for inspection and copying by
appointment at Bldg. 135A, Governors Island, New York 10004-5073.
Normal office hours are between 7 a.m. and 3:30 p.m., Mondays through
Fridays, except Federal holidays. Comments may also be hand-delivered
to this address.
FOR FURTHER INFORMATION CONTACT:
Gary Kassof, Bridge Administrator--NY, Fifth Coast Guard District,
(212) 668-7170. [[Page 8210]]
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 (CGD05-94-093) and the specific
section of this proposal 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 not practical, a second copy of any bound
material is requested. Persons desiring acknowledgement that their
comments have been received 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 proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander (ob) at the address 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 to be announced by a later notice in
the Federal Register.
Drafting Information
The drafters of this notice are Mr. J. Arca, Fifth Coast Guard
District, Bridge Branch-NY, Project Officer, and LCDR C.A. Abel, Fifth
Coast Guard District Legal Office, Project Attorney.
Background and Purpose
The Lower Bank highway bascule bridge over the Mullica River in
Lower Bank, New Jersey was replaced in 1993. It 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 in the closed
position. During the period from December 1993 through April 1994, a
period of 151 days, requests for bridge openings occurred on only 34
days. The current operating regulations, which were implemented in
January 1988, require the Lower Bank bridge to open on signal, except
that it is required to open with four hours advance notice 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. This proposed change to the
regulations would extend the winter seasonal restrictions into April
and increase the four hours advance notice requirement to apply to all
requests for bridge openings during the winter months. This change, if
adopted, will provide the bridge owner relief from the burden of
constantly having a person available to open the bridge, when there is
no sufficient justification to do so.
Burlington County has requested a change to the present operating
regulations in 33 CFR 117.731a which would allow the Lower Bank Bridge
to operate as follows: The draw of the Lower Bank Bridge would need not
open unless at least four hours advance notice is given during the
following periods, May 1 through November 30, from 11 p.m. to 7 a.m.
and from December 1 to April 30 at all times. At all other times, the
bridge would open on signal. This change to the regulations is being
proposed due to infrequent requests for openings. The proposed change
to the regulation will relieve the bridge owner of the burden of having
personnel at the bridge at night and during the winter months. The
bridgetenders will be on call to open the draw when the four hour
advance notice is given to the bridge owner by calling the number that
will be posted at the bridge; therefore, the reasonable needs of
navigation will be met.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866, and does not require as 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
proposal 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 transiting the bridge. Rather, it will
only require mariners to plan their transits and provide advance
notice.
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, if adopted, 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 proposal in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that this proposed regulation does 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, this proposal is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination statement and checklist has been prepared and
placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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 ad
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
unless at least four fours notice is given during the following
periods:
(1) From May 1 though November 30, from 11 p.m. to 7 a.m.
(2) From December 1 through April 30, at all times.
* * * * * [[Page 8211]]
Dated: January 20, 1995.
M.K. Cain,
Captain, U.S. Coast Guard Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 95-3545 Filed 2-10-95; 8:45 am]
BILLING CODE 4910-14-M
