[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Proposed Rules]
[Pages 8033-8034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3942]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-98-091]
RIN 2115-AE47
Drawbridge Operation Regulations; Hackensack River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the Drawbridge Operation
Regulations governing the S46 Bridge, mile 14.0, across the Hackensack
River at Little Ferry, New Jersey. This proposal will require the
bridge to open on signal after a twenty four hour advance notice is
given by calling the number posted at the bridge. There have been no
requests to open the S46 Bridge since 1978. This rule is expected to
relieve the bridge owner of the requirement to crew the bridge and
still meet the needs of navigation.
DATES: Comments must be received by the Coast Guard on or before April
19, 1999.
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.
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 matter by submitting written data, views, or arguments. Persons
submitting comments should include their names and addresses, identify
this rulemaking (CGD01-98-091) and specific section of this proposal to
which their comments apply, and give reasons for each comment. 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. 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 S46 Bridge, at mile 14.0, in Little Ferry, New Jersey, has a
vertical clearance of 35 feet at mean high water and 40 feet at mean
low water.
The S46 Bridge is presently required under Sec. 117.723(f) to open
on signal if at least six (6) hours advance notice is given.
Discussion of Proposal
The Coast Guard proposes to amend the regulations to require that
the S46 Bridge open on signal after a twenty four hour notice is given
by calling the number posted at the bridge. The bridge owner, the New
Jersey Department of Transportation, has requested that the advance
notice requirement be changed to twenty four hours. The Coast Guard
believes this is a reasonable proposal because the bridge owner has not
received a request to open the bridge since 1978.
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; Feb. 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 no requests to open this bridge have been made since 1978.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed 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. 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 your business or organization
qualifies as a small entity and that this 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
[[Page 8034]]
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 Figure 2-1, paragraph 32(e), of
Commandant Instruction M16475.1C, this proposed 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 proposed rule.
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 under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.723(f) is revised to read as follows:
Sec. 117.723 Hackensack River.
* * * * *
(f) Except as provided in paragraph (a)(1) of this section, the
draw of the S46 Bridge, at mile 14.0, in Little Ferry shall open on
signal after a twenty four hour advance notice is given by calling the
number posted at the bridge.
* * * * *
Dated: February 5, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-3942 Filed 2-17-99; 8:45 am]
BILLING CODE 4910-13-M
