[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Pages 29959-29960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15045]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD05-94-065]
RIN 2115-AE47
Drawbridge Operation Regulations; Nacote Creek, NJ
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the New Jersey Department of Transportation
(NJDOT), the Coast Guard is changing the regulations governing the
operation of the Route 9 Bridge across Nacote Creek, mile 1.5, in
Smithville, Atlantic County, New Jersey. The change will require the
Route 9 Bridge to open on signal except from 11 p.m. to 7 a.m., when a
two hour advance notice for openings will be required. This change
should help relieve the bridge owner of the burden of having a bridge
tender constantly available at times when there are few or no requests
for openings, while still providing for the needs of navigation.
EFFECTIVE DATE: This rule is effective on July 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(804) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On December 20, 1995, the Coast Guard published a notice of
proposed rulemaking entitled ``Drawbridge Operation Regulations, Nacote
Creek, New Jersey'' in the Federal Register (60 FR 65613). The Coast
Guard received one letter commenting on the notice of proposed
rulemaking. No public hearing was requested, and none was held.
Background and Purpose
The Route 9 Bridge across Nacote Creek, mile 1.5, at Smithville,
Atlantic
[[Page 29960]]
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 revealed that between
11 p.m. and 7 a.m., there were limited requests for bridge openings for
the years 1992, 1993 and 1994. NJDOT is seeking relief from the
requirement that a bridge tender be present during the hours of 11 p.m.
and 7 a.m. when there are minimal requests for openings. The NJDOT
requested 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 will require a two hour advance notice. At all
other times the bridge will open on signal. The bridge tenders will be
on call to open the draw when the advance notice is given. A 24 hour
special telephone number will 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 from 11 p.m. to 7 a.m. 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 is published at 33 CFR
117.31, and is no longer required to be published for each waterway.
Therefore, this change will remove the provision requiring passage of
public vessels from section 117.732.
Discussion of Comments and Changes
The Coast Guard received one comment from the New Jersey State
Historic Preservation office which offered no objection to the Coast
Guard's proposed rulemaking. Therefore, no changes to the proposed rule
were made.
Regulatory Evaluation
This 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
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 passing through the Route 9 Bridge but will
only require mariners to provide two hours advance notice from 11 p.m.
to 7 a.m. Removal of the public vessel provision from this rule will
have no impact since this provision is included at 33 CFR 117.31.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule 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 fields and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Therefore, for the reasons set out under Regulatory
Evaluation, the Coast Guard certifies under 5 U.S.C. 605(b) that this
rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this rule under the principles and
criteria in Executive Order 12612 and has determined that this rule
does not raise sufficient federalism implications to warrant
preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this
rule is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard amends 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 117.732 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
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 notice is
given.
Dated: May 10, 1996.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 96-15045 Filed 6-12-96; 8:45 am]
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