[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Rules and Regulations]
[Pages 34123-34124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16666]
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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: Final rule.
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SUMMARY: The Coast Guard amends the operating rules for five bridges
over the Passaic River in New Jersey. This final rule will allow the
bridge owners to operate their bridges on an advance notice basis. The
Jackson Street Bridge at mile 4.6, the Bridge Street Bridge at mile
5.6, and the Clay Street Bridge at mile 6.0, will open on signal after
a four hour advance notice is given. The New Jersey Transit Rail
Operations (NJTRO) Bridge at mile 11.7, and the Route 3 Bridge at mile
11.8, will open on signal after a 24 hour notice is given. This final
rule is expected to relieve the bridge owners of the burden of
constantly having personnel available to open the bridges and still
provide for the needs of navigation.
DATES: This final rule is effective July 23, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Ma. 02110-3350, 7 a.m. through 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (617)
223-8364.
FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, First Coast Guard District, (617)
223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 13, 1998, the Coast Guard published a notice of
proposed rulemaking entitled Drawbridge Operation Regulations Passaic
River, New Jersey, in the Federal Register (63 FR 7357). The Coast
Guard did not receive any comments in response to the notice of
proposed rulemaking. No public hearing was requested, and none was
held.
Background
The clearances at mean high water (MHW) and mean low water (MLW)
for the five bridges affected by this 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 change to the operating
regulations will 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 open. 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.
Discussion of Comments and Changes
No comments were received in response to the Notice of Proposed
Rulemaking. The six month advance notice requirement for the NJTRO and
Route 3 Bridge published in the Notice of Proposed Rulemaking has been
changed to a 24 hour advance notice for openings. Upon further review
the Coast Guard believes a 24 hour notice is a more reasonable time
period than the six months in the original proposal. The Coast Guard
believes that six months is too restrictive for mariners that may need
to transit through the bridges. The bridge owners have been contacted
and advised that a six month notice is too restrictive to navigation
and so long as the respective bridges are movable bridges that they
must continue to keep the operating machinery in good working
condition. A 24 hour advance notice should still provide relief to the
bridge owners by not requiring the bridges to be crewed and still
provide for the needs of navigation that may desire to pass through the
bridge.
Regulatory Evaluation
This final 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 final 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
final 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 final rule achieves the requirement of balancing the navigational
rights of 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 considered whether this final rule will have a significant
economic impact on
[[Page 34124]]
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 final rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This final 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 final rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this final 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 final
rule and concluded that, under Figure 2-1, paragraph 32(e), of
Commandant Instruction M16475.1C, this final rule is categorically
excluded from further environmental documentation because promulgation
of changes to drawbridge regulations have been found to have a
significant effect on the environment. A ``Categorical Exclusion
Determination'' is not required for this final rule.
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. In Sec. 117.739, paragraphs (d), (f), (i), (m) and (n) are
revised 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
after at least a 24 hour 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
after at least a 24 hour notice is given by calling the number posted
at the bridge.
* * * * *
Dated: June 8, 1998.
R. M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-16666 Filed 6-22-98; 8:45 am]
BILLING CODE 4910-15-M
