[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31881-31883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15681]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-95-171]
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 is proposing a change to the regulations
governing the Routes 1 & 9 (Lincoln Highway) Bridge, mile 1.8, the
Point-No-Point Railroad Bridge, mile 2.6, both in Newark, New Jersey,
and the Route 7 (Rutgers Street) Bridge, mile 8.9, in Belleville, New
Jersey which cross the Passaic River. The proposal would provide
openings on signal if at least four hours notice is given. This change
was requested by the Consolidated Rail Corporation (CONRAIL) and New
Jersey Department of Transportation (NJDOT) because of the limited
openings of these bridges. This action should relieve the bridge owners
of the burden of having personnel constantly available to open the
bridges and should provide for the reasonable needs of navigation.
Other changes are proposed that would remove redundant requirements
that are included in Part 117, general operating regulations, provide
maximum allowable time delays for specific railroad bridge openings,
remove unnecessary language, and reorder the paragraphs for clarity and
consistency.
DATES: Comments must be received on or before August 20, 1996.
ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard
District, Building 135A, Governors Island, New York, 10004-5073, or may
be hand-delivered to the same address between 6:30 a.m. and 3 p.m.,
Monday through Friday, except federal holidays. The telephone number is
(212) 668-7170. The comments will become part of this docket and will
be available for inspection and copying by appointment at the above
address.
FOR FURTHER INFORMATION CONTACT:
Gary Kassof, Bridge Program Manager, First Coast Guard District, (212)
668-7069.
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 (CGD01-95-171), 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 no longer than 8\1/
2\'' by 11'', suitable for copying and electronic filing. If that is
not practical, a second copy of any bound material is requested.
Persons desiring acknowledgment that their comments have been received
should enclose a stamped, self-addressed post card or envelope.
The Coast Guard will consider all comments received during the
comment
[[Page 31882]]
period, and may change this proposal in light of comments received. The
Coast Guard plans no public hearing. Persons may request a public
hearing by writing to Commander (obr), First Coast Guard District at
the address listed under ADDRESSES. The request should include reasons
why a hearing would be beneficial. If the Coast Guard 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.
Background and Purpose
The Routes 1 & 9 (Lincoln Highway), Point-No-Point Railroad, and
Route 7 (Rutgers Street) Bridges have respective vertical clearances,
when in the closed position, of 40', 16', and 8' above mean high water
(MHW) and 45', 30', and 21', above mean low water (MLW). All three
bridges are presently required to open on signal. The proposed
regulations would permit these bridges to open on signal if at least
four hours notice is given.
Due to the closure of the River Oil Terminal in August, 1992,
requests for openings of bridges across Passaic River have decreased.
For the years 1992, 1993, and 1994, the Routes 1 & 9 (Lincoln Highway)
Bridge opened 95, 35 and 29 times, respectively, for vessel transits;
the Point-No-Point Bridge opened 243, 145 and 124 times; the Route 7
(Rutgers Street) Bridge opened 129, 161 and 169 times. These
regulations are being proposed to provide CONRAIL and NJDOT relief from
having an operator in constant attendance at the bridges since there is
limited demand for bridge openings.
Discussion of Proposed Amendments
The Coast Guard proposes to amend 33 CFR 117.739 to require a four
hour advance notice for openings of the Routes 1 & 9 (Lincoln Highway)
Bridge, mile 1.8; Point-No-Point Railroad Bridge, mile 2.6; and Route 7
(Rutgers Street) Bridge, mile 8.9. Redundant requirements that are
included in Part 117, general operating regulations, would be deleted.
Maximum allowable time delays in railroad bridge openings would be
added to appropriate paragraphs. Finally, 33 CFR 117.739 would be
revised to remove unnecessary language and the paragraphs would be
reordered for clarity and consistency.
The Coast Guard proposes to amend Sec. 117.739 by adding new
paragraphs (b), (c), and (j) requiring a four hour advance notice for
openings be given for the Routes 1 & 9 (Lincoln Highway), Point-No-
Point Railroad, and Route 7 (Rutgers Street) Bridges, respectively.
Requests for openings of these three bridges have been markedly reduced
since 1991.
The Coast Guard proposes to amend Sec. 117.739(a)(1) to delete the
requirement to allow public vessels to pass without delay. The
regulatory requirements for operating in emergency situations are
provided in 33 CFR 117.31.
The Coast Guard proposes to delete the requirements in
Sec. 117.739(a)(3) which control trains and locomotives and the maximum
allowable time delay in providing openings. The explanation of the
train interlock system (block method) is described in 33 CFR 117.9.
Paragraphs (c), (e), (h), and (j) of Sec. 117.739 are proposed to be
amended by including maximum allowable opening delays of ten minutes.
The Coast Guard proposes to revise Sec. 117.739 by redesignating
paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and
(m), as (d), (e), (f), (g), (h), (i), (k), (l), (m), (n), (0), and (p),
respectively. Text modifications to be consistent with other proposed
changes would be made in these paragraphs, as appropriate.
Regulatory Evaluation
This proposal 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. The proposed regulations would not prevent mariners from
passing through the Routes 1 & 9, the Point-No-Point Railroad, and the
Route 7 bridges, but would require giving four hours advance notice of
arrival. Currently, two facilities in Newark, New Jersey, National
Fuels and W.A. Steamlines, receive some of their product by barge.
During the winter months, National Fuels occasionally receives heating
oil crude by barge in anticipation of demand for home heating fuel.
Similarly, W.A. Steamlines sometimes has gasoline delivered by barge to
increase its reserves in the winter months. Since these deliveries are
scheduled well in advance, the proposed advance notice requirement will
have minimal impact on these facilities. Small marinas located along
the Passaic River provide dockage for less than 100 recreational
vessels, many transiting the drawbridges without requiring openings.
Considering the recreational nature of these trips, an advance notice
requirement will have minimal economic impact on recreational boating
facilities and recreational boaters.
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 fields and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632). Because of the reasons discussed in
the Regulatory Evaluation above, the Coast Guard finds that this rule
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 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 rule will economically affect
it.
Collection of Information
This rule 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 it 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 (as revised by 59 FR 38654, July 29,
1994), this proposal is categorically excluded from further
environmental documentation since it is a proposed operating regulation
for drawbridges.
List of Subjects in 33 CFR Part 117
Bridges.
[[Page 31883]]
Proposed 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 117.739 is revised to read as follows:
Sec. 117.739 Passaic River.
(a) The following requirements apply to all bridges across the
Passaic River:
(1) The owners of these bridges shall provide, and keep in good
legible condition, clearance gauges with figures not less than twelve
(12) inches high designed, installed and maintained according to the
provisions of section 118.160 of this chapter.
(2) New Jersey Transit Rail Operations' (NJTRO) roving crews shall
consist of two qualified operators, on each shift, each having a
vehicle which is equipped with marine and railroad radios, a cellular
telephone, and emergency bridge repair and maintenance tools. This crew
shall be split with one drawtender stationed at the Upper Hack and the
other drawtender at the HX (Jacknife) drawbridge on the Hackensack
River. ``Adequate security measures'' shall be provided to prevent
vandalism to the bridge operating controls and mechanisms to insure
prompt openings of NJTRO bridges.
(b) The draw of the Routes 1 & 9 (Lincoln Highway) Bridge, mile
1.8, at Newark, shall open on signal if at least four hours notice is
given.
(c) The draw of CONRAIL's Point-No-Point Railroad Bridge, mile 2.6,
at Newark, shall open on signal if at least four hours notice is given
to the CONRAIL Movement Desk. After the signal to open is given, the
opening may be delayed no more than ten minutes.
(d) The draw of the Jackson Street Bridge, mile 4.6, at Harrison,
shall open on signal; except that notice must be given before 2:30 a.m.
for openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for
openings between 4:30 p.m. and 7 p.m.
(e) The draw of Amtrak's Dock Bridge, mile 5.0, at Harrison, shall
open on signal; except that from 7:20 a.m. to 9:20 a.m. and 4:30 p.m.
to 6:50 p.m., Monday through Friday except federal holidays, the draw
need not be opened. At all other times, an opening may be delayed no
more than ten minutes, unless the drawtender and the vessel operator,
communicating by radiotelephone, agree to a longer delay.
(f) The draw of the Bridge Street Bridge, mile 5.6, at Harrison,
shall open on signal; except that notice must be given before 2:30 a.m.
for openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for
openings between 4:30 p.m. and 7 p.m.
(g) Phd draw of the NJTRO Newark-Harrison (Morristown Line) Bridge,
mile 5.8, at Harrison, New Jersey shall open on signal if at least one
hour advance notice is given to the drawtender at Upper Hack bridge
mile 6.9, across the Hackensack River at Secaucus, NJ. In the event the
HX drawtender is at the Lower Hack bridge, mile 3.4 on the Hackensack
River, at Jersey City then up to an additional half hour delay in
opening is permitted. After the signal to open is given, the opening
may be delayed no more than ten minutes. From 7:15 a.m. to 9 a.m. and
from 4:30 p.m. to 6:50 p.m., Monday through Friday except federal
holidays, the draw need not open.
(h) The draw of the Route 280 (Stickel Memorial) Bridge, mile 5.8,
at Harrison, shall open on signal if at least eight hours notice is
given. In an emergency, the draw shall open as soon as possible but not
more than two hours after the opening request.
(i) The draw of the Clay Street Bridge, mile 6.0, at Harrison,
shall open on signal; except that notice must be given before 2:30 a.m.
for openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for
openings between 4:30 p.m. and 7 p.m.
(j) The draw of the Route 7 (Rutgers Street) Bridge, mile 6.9, at
Belleville, shall open on signal if at least four hours notice is
given.
(k) The draw of the NJTRO (West Arlington) Bridge, mile 8.0, at
Kearney, shall open on signal from 7 a.m. to 11 p.m. if at least eight
hours notice is given. After the signal to open is given, the opening
may be delayed no more than ten minutes. From 11 p.m. to 7 a.m., the
draw need not be opened.
(l) The draw of the Avondale Bridge, mile 10.7, at Lyndhurst, shall
open on signal; except that notice must be given before 2:30 a.m. for
openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for openings
between 4:30 p.m. and 7 p.m.
(m) The draw of the NJTRO Bridge, mile 11.7, at Lyndhurst, shall
open on signal from 8 a.m. to 4 p.m. if at least six hours notice is
given. After the signal to open is given, the opening may be delayed no
more than ten minutes. From 4 p.m. to 8 a.m., the draw need not be
opened.
(n) The draw of the Route 3 Bridge, mile 11.8, at Rutherford, shall
open on signal if at least six hours notice is given.
(o) The draw of the Douglas O. Mead (Union Avenue) Bridge, mile
13.2, at Rutherford, shall open on signal; except that:
(1) From 4 p.m. to 8 a.m., the draw shall open if at least eight
hours notice is given; and
(2) On Christmas and New Year's Day, the draw shall open if notice
is given prior to 4 p.m. today prior.
(p) The draw of the following bridges need not be opened for the
passage of vessels:
(1) Gregory Avenue Bridge, mile 14.0, at Wallington.
(2) Second Street Bridge, mile 14.7, at Wallington.
(3) West Eighth Street Bridge, mile 15.3, at Garfield.
Dated: May 28, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-15681 Filed 6-20-96; 8:45 am]
BILLING CODE 4910-14-M
