[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Proposed Rules]
[Pages 7357-7359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3627]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-97-020]
RIN 2115-AE47
Drawbridge Operation Regulations: Passaic River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating rules for
five bridges over the Passic River in New Jersey: the Jackson Street
Bridge, at mile 4.6, the Bridge Street Bridge, at mile 5.6, the Clay
Street Bridge, at mile 6.0, the New Jersey Transit Rail Operations
(NJTRO) Bridge, at mile 11.7, and the Route 3 Bridge, at mile 11.8.
Essex and Hudson counties in New Jersey who jointly own the Jackson
Street, Bridge Street and Clay Street bridges have requested that their
bridges open on signal after a four hour notice is given. The New
Jersey Transit Rail Operations (NJTRO) and New Jersey Department of
Transportation (NJDOT) who own the NJTRO Bridge and the Route 3 Bridge,
both over the Passaic River, have requested that their bridges open on
signal after a six month notice is given.
This proposal will relieve the bridge owners of the burden of
constantly having personnel available to open the bridges and should
continue to provide for the needs of navigation.
DATES: Comments must reach the Coast Guard on or before April 14, 1998.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District, 408 Atlantic Avenue, Boston, Ma. 02110-3350, or deliver them
to the same address between 7 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. The telephone number is (617) 223-8364. The
District Commander maintains the public docket for this rulemaking.
Comments and documents as indicated in this preamble will become part
of this docket and will be available for inspection or copying at the
above address during business hours.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting
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comments should include their names and addresses, identify this
rulemaking (CGD1-97-020) and specific section of this proposal to which
their comments apply, and give reasons for each comment. Please submit
two copies of all comments and attachments in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. 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 proposal in response to comments
received. The Coast Guard does not plan to hold a public hearing;
however, persons may request a public hearing by writing to the Coast
Guard at the address listed under ADDRESSES in this document. The
request should include the reasons why a hearing would be beneficial.
If it is determined that the opportunity for oral presentations will
aid this matter, the Coast Guard will hold a public hearing at a time
and place announced by a subsequent notice published in the Federal
Register .
Background
The clearances at mean high water (MHW) and mean low water (MLW)
for the five bridges affected by this proposed rule change are as
follows: Jackson Street 15' MHW & 20' MLW, Bridge Street 7' MHW & 12'
MLW, Clay Street 8' MHW & 13' MLW, NJTRO 26' MHW & 31' MLW and Route 3
35' MHW & 40' MLW.
The Jackson Street, Bridge Street and Clay Street bridges presently
open on signal, except that, notice must be given before 2:30 a.m. for
openings between 4:30 p.m. and 7 p.m. This proposed change to the
operating regulations would require the bridges to open on signal after
four hours notice is given.
The NJTRO Bridge presently opens on signal from 8 a.m. to 4 p.m.,
if at least six hours notice is given. From 4 p.m. to 8 a.m., the draw
need not be opened. the Route 3 Bridge presently opens on signal, if at
least six hours notice is given. New Jersey Transit Rail Operations
records indicate there has not been a request to open the NJTRO Bridge
since December, 1991. The New Jersey Department of Transportation
records indicate there have been only ten bridge openings during the
last ten years for the Route 3 Bridge. All ten openings were test
openings.
Discusison of Proposal
This proposal to require a six month notice for bridge openings for
the NJTRO and Route 3 bridges is warranted based upon their opening
records. This proposed change to the operating regulations will require
the NJTRO and Route 3 bridges to open on signal if six months notice is
given.
The Coast Guard received requests to change the operating
regulations on the Jackson Street, Bridge Street and Clay Street
bridges from Essex and Hudson counties to require the bridges to open
on signal if four hours notice is given. Additionally, the Coast Guard
received requests to change the operating regulations for the NJTRO and
Route 3 bridges from New Jersey Transit Rail Operations and New Jersey
Department of Transportation to require the bridges to open on signal
if a six month notice is given. These changes have been requested for
these five bridges because there have been so few requests to open
these bridges that the requested changes in the operating regulations
is expected to relieve the bridge owners of the burden of crewing the
bridges at times and still meet the present needs of navigation.
Regulatory Evaluation
This proposed 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; February 26, 1979). The Coast Guard expects the economic
impact of this proposed 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 bridges must operate in accordance with the needs of navigation
while providing for the reasonable needs of land transportation. This
rule adopts the operating hours which the Coast Guard believes to be
appropriate based on the results of past experience with the roving
drawtender crew operation and public comments. The Coast Guard believes
this rule achieves the requirement of balancing the navigational rights
of recreational boaters and the needs of land based transportation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, 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. Therefore, for the reasons discussed in
the Regulatory Evaluation section above, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed rule, if adopted, will not
have a significant economic impact on a substantial number of small
entities. If, however, you think that your business or organization
qualifies as a small entity and that this proposed rule will have a
significant economic impact on your business or organization, please
submit a comment (see ADDRESSES) explaining why you think it qualifies
and in what way and to what degree this proposed rule will economically
affect it.
Collection of Information
This proposed 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 proposed rule in accordance with
the principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under section 2.B.2.e.(34) of
Commandant Instruction M16475.1B, this 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 ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 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
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under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. In section 117.739 revise paragraphs (d), (f), (i), (m), and (n)
to read as follows:
Sec. 117.739 Passaic River.
* * * * *
(d) The draw of the Jackson Street Bridge, mile 4.6, shall open on
signal if at least four hours notice is given by calling the number
posted at the bridge.
* * * * *
(f) The draw of the Bridge Street Bridge, mile 5.6, shall open on
signal if at least four hours notice is given by calling the number
posted at the bridge.
* * * * *
(i) The draw of the Clay Street Bridge, mile 6.0, shall open on
signal if at least four hours notice is given by calling the number
posted at the bridge.
* * * * *
(m) The draw of the NJTRO Bridge, mile 11.7, shall open on signal
if at least six months notice is given by calling the number posted at
the bridge.
(n) The draw of the Route 3 Bridge, mile 11.8, shall open on signal
if at least six months notice is given by calling the number posted at
the bridge.
* * * * *
Dated: January 9, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-3627 Filed 2-12-98; 8:45 am]
BILLING CODE 4910-14-M
