[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Pages 19243-19245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10151]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-97-002]
RIN 2115-AE47
Drawbridge Operation Regulations; Ship Channel, Great Egg Harbor
Bay, New Jersey
AGENCY: Coast Guard, DOT.
[[Page 19244]]
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 52 (Ship Channel) Bridge across Great
Egg Harbor Bay, mile 0.5, between Somers Point and Ocean City, New
Jersey.
This proposal would require the Route 52 (Ship Channel) Bridge to
open on signal except that, between Memorial Day and Labor Day from 8
a.m. to 8 p.m., the draw need only open on the hour and half hour. This
proposed change is intended to synchronize requests for bridge openings
with the nearby Route 52 (Beach Thorofare) Bridge and further reduce
the number of openings during the summer tourist season in order to
curtail delays to vehicular traffic while still providing for the
reasonable needs of navigation.
DATES: Comments must be received on or before June 20, 1997.
ADDRESSES: Comments may be mailed to Commander (Aowb), USCG Atlantic
Area, Federal Building, 4th floor, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, 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 (757) 398-6222. Comments will become
part of this docket and will be available for inspection and copying at
the above address.
FOR FURTHER INFORMATION CONTACT:
Ann Deaton, Bridge Administrator, USCG Atlantic Area, (757) 398-6222.
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 (CGD05-97-002), the specific
section of this rule to which each comment supplies, 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 proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to 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.
Waverly W. Gregory, Jr., Project Manager, Bridge Administration
Section, and CDR G. Shelton, Project Counsel, Maintenance and Logistics
Command Atlantic Legal Division.
Background and Purpose
The current regulations found at 33 CFR 117.753 require the Route
52 (Ship Channel) bridge to open on signal except that from 11 p.m. to
7 a.m., year round a 24 hours advance notice is required; and from
Memorial Day through Labor Day from 10 a.m. to 8 p.m. on Saturdays,
Sundays, and Federal holidays, the bridge opens only on the hour and
half hour for recreational vessels.
The New Jersey Department of Transportation (NJDOT) has requested
that 33 CFR 117.753 be amended to extend the periods during the summer
months in which the bridge must open only on the hour and half hour. In
support of its request NJDOT contends that its records show that
requests for openings from Memorial Day through Labor Day are minimal
in number, such that the requested amendment would not significantly
affect vessel traffic.
The Coast Guard has reviewed NJDOT's bridge logs for 1993 through
1995, copies of which are available for inspection and copying at the
address under ADDRESSES. According to the logs, for the years 1993
through 1995, from May through September between 8 a.m. and 8 p.m.
Monday through Friday, the Route 52 (Ship Channel) bridge opened 250,
248, and 287 times, respectively for recreational and commercial
vessels, an average of 12 openings per week. The Coast Guard believes
that the proposed change will balance the needs of vehicular and vessel
traffic without unduly restricting vessel navigation.
NJDOT has also recently requested a change to the operating
regulations for the Route 52 (Beach Thorofare) Bridge. Due to the close
proximity of the Route 52 bridges over Beach Thorofare and Ship
Channel, which are located approximately two miles apart, synchronized
openings would augment the effectiveness of the recommended change to
the regulations for the Route 52 (Ship Channel) Bridge.
Discussion of Proposed Amendments
The Coast Guard proposes to amend Section 117.753 by revising
paragraph (b) to require the Route 52 (Ship Channel) Bridge, miles 0.5
Great Egg Harbor Bay, to open on signal except that openings would be
limited to on the hour and half hour from Memorial Day to Labor Day
from 8 a.m. to 8 p.m.
The Coast Guard proposes to further amend 117.753 by deleting
paragraphs (a)(1) and (b)(1) to delete the requirement to open for
public vessels of the United States, state and local vessels used for
public safety, a vessel in distress, or a vessel with a tow. The
regulatory requirements for opening in emergency situations are
provided in 33 CFR 117.31. Text modifications to be consistent with
other proposed changes will be made in these paragraphs, as
appropriate.
Regulatory Evaluation
This propose 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 proposal to be so minimal that a full
Regulatory Evaluation, under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary.
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
[[Page 19245]]
Paperwork Reduction Act (44 U.S.C. 3501 et seq).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has 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, 29 July
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.
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 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 117.753 is revised to read as follows:
Sec. 117.753 Ship Channel, Great Egg Harbor Bay.
The draw of the S52 (Ship Channel) bridge, mile 0.5 between Somers
Point and Ocean City, shall open:
(a) From 11 p.m. to 7 a.m., on signal, if at least 24 hours advance
notice is given.
(b) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., on
the hour and half hour.
(c) At all other times, on signal, for any vessel.
Dated: March 25, 1997.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-10151 Filed 4-18-97; 8:45 am]
BILLING CODE 4910-14-M
