97-18672. Drawbridge Operation Regulations; New Jersey Intracoastal Waterway  

  • [Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
    [Proposed Rules]
    [Pages 38043-38047]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-18672]
    
    
    -----------------------------------------------------------------------
    
    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 117
    
    [CGD05-97-003]
    RIN 2115-AE47
    
    
    Drawbridge Operation Regulations; New Jersey Intracoastal 
    Waterway
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Notice of proposed rulemaking.
    
    -----------------------------------------------------------------------
    
    SUMMARY: At the request of the New Jersey Department of Transportation 
    (NJDOT), the Coast Guard is proposing to change the regulations 
    governing several bridges that cross the New Jersey Intracoastal 
    Waterway (NJICW). Those bridges include: The Route 35 Bridge across 
    Manasquan River at NJICW mile 1.1, in Brielle, New Jersey; the S37 
    Bridge across Barnegat Bay at NJICW mile 14.1, in Seaside Heights, New 
    Jersey; the US40-322 (Albany Avenue) Bridge across Inside Thorofare at 
    NJICW mile 70.0, in Atlantic City, New Jersey; and the Route 52 (Ninth 
    Street) Bridge across Beach Thorofare at NJICW mile 80.4, in Ocean 
    City, New Jersey. Additionally, a new provision would be added that 
    would restrict openings of the Route 30 Bridge across Beach Thorofare 
    at NJICW mile 67.2, which currently opens on signal. The NJDOT has 
    requested these changes in an effort to ease vehicular traffic 
    congestion caused by bridge openings in and around seaside resort 
    areas. The NJDOT also seeks to reduce bridge tender hours for certain 
    bridges by eliminating the need for them to be continually staffed 
    during off-peak periods when few openings occur.
    
    
    [[Page 38044]]
    
    
    DATES: Comments must be received on or before September 15, 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 (CGD05-97-003), and the specific 
    section of this rule 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 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 Lieutenant Robert L. Wegman, Project 
    Counsel, Maintenance and Logistics Command Atlantic Legal Division.
    
    Background and Purpose
    
    General
    
        The New Jersey Intracoastal Waterway (NJICW) extends approximately 
    118 statute miles from Manasquan Inlet to Cape May Harbor. The NJICW is 
    primarily used by pleasure craft, commercial, and sport fishing 
    vessels. General regulations governing the operation of bridges are set 
    out in Secs. 117.1 through 117.49 of Title 33, Code of Federal 
    Regulations (33 CFR). Specific drawbridge regulations, which supplement 
    the general regulations for certain NJICW bridges, are set out in 33 
    CFR 117.733.
        The New Jersey Department of Transportation (NJDOT) has requested 
    to change the existing regulations for many bridges crossing the NJICW 
    in an effort to balance the needs of mariners and vehicle drivers 
    transiting in and around seaside resort areas. Bridge openings at peak 
    traffic hours during the tourist season often cause considerable 
    congestion while accommodating relatively few vessels. The NJDOT 
    contends that its statistics show an overall decrease in vessel traffic 
    and an increase in vehicular traffic in recent years. The NJDOT is 
    seeking to solve the vehicular traffic problem caused by the frequency 
    of bridge openings by reducing the number of drawbridge openings, thus 
    allowing more vehicles to pass unimpeded. The NJDOT also seeks to 
    restrict openings and thereby reduce bridge tender hours for certain 
    bridges during off-peak periods when requests for openings infrequently 
    occur. A special 24-hour telephone number would be posted on all 
    bridges in accordance with 33 CFR 117.55 to arrange for openings during 
    off-peak periods and emergencies. The following bridges would be 
    affected by this proposal:
    
    Route 35 Bridge
    
        The current regulations require the Route 35 bridge across 
    Manasquan River, at NJICW mile 1.1, located in Brielle, New Jersey to 
    open on signal; except that, from Memorial Day through Labor Day on 
    Saturdays, Sundays, and Federal holidays from 10 a.m. to 8 p.m., the 
    draw need only open on the hour and half hour. Additionally, the draw 
    shall open at all times as soon as possible for passage of a public 
    vessel of the United States or for a vessel in distress.
        During the summer of 1991, the Coast Guard implemented a temporary 
    deviation to the existing regulations governing the Route 35 Bridge for 
    60 days from August 1 through September 29, 1991. The deviation 
    extended the hour and half hour opening schedule on weekends and 
    holidays to between 9 a.m. and 10 p.m., and provided for only twice an 
    hour openings during the evening rush hours from 4 p.m. to 7 p.m. 
    Monday through Thursday and from 12 p.m. to 7 p.m., on Fridays. Over 
    the last five years, the Route 35 Bridge has unofficially operated 
    under the 1991 temporary regulations. Although vehicle traffic has 
    increased since 1991, NJDOT records indicate that maintaining the 1991 
    temporary regulations has helped to reduce traffic congestion.
        Furthermore, although the bridge has operated unofficially under 
    the 1991 summer regulations, the NJDOT has received no complaints 
    regarding the opening schedule.
        The NJDOT has requested changes in the regulation governing the 
    Route 35 Bridge. The changes would require the bridge to open on 
    signal, except that from May 15 through September 30, from 8 a.m. to 10 
    p.m., on Saturdays, Sundays, and Federal holidays, the draw would only 
    open on the hour and half hour. On Mondays to Thursdays from 4 p.m. to 
    7 p.m. and on Fridays, except Federal holidays from 12 p.m. to 7 p.m., 
    the draw would only open 15 minutes before the hour and 15 minutes 
    after the hour. In addition, from 11 p.m. to 8 a.m. year-round, four 
    hours notice would be required to open the draw.
        A review of NJDOT drawbridge logs for the Route 35 Bridge reveals a 
    decrease in requests for bridge openings from 11 p.m. to 8 a.m. The 
    yearly bridge logs for 1993, 1994, and 1995 during these hours, show 
    that the bridge opened for vessels 243, 177, and 111 times, 
    respectively. In light of these statistics, the Coast Guard anticipates 
    that a four hour advance notice from 11 p.m. to 8 a.m. would not 
    adversely affect vessel traffic flow.
        The NJDOT's request to extend the openings of the Route 35 Bridge 
    on the hour and half hour from May 15 to September 30 on Saturdays, 
    Sundays and Federal holidays from 9 a.m. to 10 p.m., and to schedule 
    draw openings 15 minutes before and 15 minutes after the hour from 4 
    p.m. to 7 p.m., Mondays through Thursdays and on Fridays from 12 noon 
    to 7 p.m., except for Federal holidays, is the result of a substantial 
    increase of vehicle traffic and a decrease of vessel traffic. NJDOT 
    records show that from 1993 to 1995, from Memorial Day through Labor 
    Day on Saturdays, Sundays and Federal holidays from 9 a.m. to 10 p.m., 
    the Route 35 Bridge opened 670, 566, and 738 times, respectively; an 
    average of 90 openings per week or approximately 13 openings per day. 
    Opening an average of only 13 times per day, the bridge schedule helped 
    to abate the vehicular traffic problem, and bridge closures caused only 
    minor inconveniences to marine traffic. From Memorial Day through Labor 
    Day during the same period, on Mondays to Thursdays from 4 p.m. to 7 
    p.m. and on Fridays from 12 p.m. to 7
    
    [[Page 38045]]
    
    p.m., the bridge opened for vessels 212, 178, and 223 times, 
    respectively. Although averaging only seven openings per week or 
    approximately one opening per day, this schedule of bridge openings 
    posed minimal inconvenience to marine traffic.
    
    S37 Bridge
    
        Current regulations require the S37 Bridge across Barnegat Bay, at 
    NJICW mile 14.1, located at Seaside Heights, New Jersey to open on 
    signal except that, from 1 December through 31 March from 11 p.m. to 7 
    a.m., the draw need not be opened; and from Memorial Day through Labor 
    Day from 10 a.m. to 2 p.m., on Saturdays, Sundays, and Federal 
    holidays, the draw need only be opened on the hour and half hour, 
    except that it shall open at any time for the passage of vessels with 
    tows.
        The NJDOT requested changes in the regulation that would allow the 
    S37 bridge to open on signal except from Memorial Day to Labor Day, 8 
    a.m. to 8 p.m., when the draw would only open on the hour and half 
    hour. From 1 April to 30 November, from 11 p.m. to 8 a.m., year-round, 
    four hours advance notice would be required.
        NJDOT records indicate that during 1993, 1994 and 1995, from 11 
    p.m. to 8 a.m., the S37 Bridge opened for vessels 151, 67 and 82 times, 
    respectively. Based on these statistics, which show a minimal demand 
    for bridge openings year-round, the NJDOT is seeking relief from the 
    burden of having bridge tenders continually present between the hours 
    of 11 p.m. to 8 a.m. During 1993, 1994, and 1995 from Memorial Day to 
    Labor Day, from 8 a.m. to 8 p.m., the S37 Bridge opened for vessels 
    1333, 1204 and 1207 times, respectively. With an average of only 24 
    openings per day or approximately two openings per hour, restricting 
    openings to the hour and half hour from 8 a.m. to 8 p.m. is not 
    expected to seriously disrupt marine traffic, and is expected to 
    substantially decrease the disruption of vehicular traffic.
    
    Route 30 Bridge
    
        The current regulation for the Route 30 Bridge across Beach 
    Thorofare at NJICW mile 67.2, requires it to open on signal at all 
    times. The requirement for drawbridges to open on signal is included in 
    the general operating regulations at 33 CFR 117.5. The NJDOT has 
    requested changes in the regulation to require the bridge to open on 
    signal except from 11 p.m. to 7 a.m. year-round, and November 1 through 
    March 31 from 3 p.m. to 11 p.m. when four hours advance notice would be 
    required. The NJDOT is also seeking relief from the burden of ensuring 
    that bridge tenders are continuously present during the above periods 
    when openings are infrequent.
        A review of NJDOT bridge logs from 1992 to 1995 for the Route 30 
    bridge revealed that from 11 p.m. to 7 a.m., year-round, between 5 and 
    15 openings occurred, and from 3 p.m. to 11 p.m. from November 1 
    through March 31, between 6 and 9 openings occurred each year. The 
    Coast Guard believes that these statistics, which show extremely 
    minimal use of the Route 30 bridge, support the NJDOT request to 
    require a four hour advance notice for bridge openings. In addition, 
    NJDOT proposes to eliminate 24 hour staffing of the bridge. Based on 
    the minimal demand for bridge openings, the four hour notice 
    requirement requested by the NJDOT appears reasonable.
    
    US40-322 Bridge
    
        The current regulation for the US40-322 (Albany Avenue) Bridge 
    across Inside Thorofare, at NJICW mile 70.0 in Atlantic City, New 
    Jersey requires it to open on signal except that it permits the bridge 
    to open only on the hour and half hour from June 1 through September 30 
    between 9 a.m. and 4 p.m. and between 6 p.m. and 9 p.m. with no 
    openings required from 4 p.m. to 6 p.m. The NJDOT has requested 
    additional limitations on bridge openings that would require the bridge 
    to open on signal except from 11 p.m. to 7 a.m. year-round, and 
    November 1 through March 31 from 3 p.m. to 11 p.m. when four hours 
    advance notice would be required.
        NJDOT bridge logs from 1992 to 1995, reveal that from 11 p.m. to 7 
    a.m., year-round, between 20 and 52 openings occurred each year. From 3 
    p.m. to 11 p.m., November 1 through March 31, between 11 and 26 
    openings occurred each year. The NJDOT also seeks relief from the 
    burden of ensuring that bridge tenders are continuously present during 
    the above periods when the bridge tenders receive minimal requests for 
    openings.
    
    Route 52 Bridge
    
        The current regulations governing the Route 52 (Ninth Street) 
    Bridge across Beach Thorofare, at NJICW mile 80.4 in Ocean City, New 
    Jersey require it to open on signal except that from Memorial Day 
    through Labor Day from 10 a.m. to 8 p.m. on Saturdays, Sundays, and 
    Federal holidays, the draw must open only on the hour and half hour. 
    Additionally, the draw shall open at all times as soon as possible for 
    passage of public vessels of the United States, vessels towing other 
    vessels and vessels in distress.
        The NJDOT has requested a change to the regulations governing the 
    Route 52 (Ninth Street) Bridge to require it to open on signal except 
    that from Memorial Day to Labor Day from 8 a.m. to 8 p.m., the draw 
    would open on the hour and half hour. The NJDOT contends that because 
    vessel traffic through the bridge has decreased, limiting openings to 
    the hour and half hour to include the weekdays would enhance vehicular 
    traffic without significantly affecting vessel traffic. A review of 
    NJDOT logs shows that from 1993 to 1995 in May through September from 8 
    a.m. to 8 p.m., the Route 52 Bridge opened for vessels 1894, 1738 and 
    1669 times, respectively. With an average of only 34 openings per day 
    or approximately three openings per hour, the infrequency of the 
    openings caused only minor inconveniences to marine traffic. To ease 
    traffic congestion, the NJDOT requested that the movement of marine 
    traffic be regulated by extending the provisions for openings on the 
    hour and half hour to include the weekdays between 8 a.m. and 8 p.m., 
    from Memorial Day to Labor Day.
    
    Discussion of Proposed Amendments
    
    Route 35 Bridge
    
        The Coast Guard proposes to amend both the form and substance of 
    Sec. 117.733 paragraph (b), which governs the Route 35 Bridge, NJICW 
    mile 1.1. Current paragraph (b) would be subdivided into subparagraphs 
    (1), (1)(i), (1)(ii), and (2). Subparagraph (1)(i) would state that 
    from May 15 through September 30, on Saturdays, Sundays, and Federal 
    holidays, from 9 a.m. to 10 p.m., the draw need only open on the hour 
    and half hour. Subparagraph (1)(ii) would state that from 4 p.m. to 7 
    p.m. on Mondays to Thursdays and 12 p.m. to 7 p.m. on Fridays, except 
    Federal holidays, the draw need only open 15 minutes before and 15 
    minutes after the hour. Subparagraph (2) would state that, year-round, 
    from 11 p.m. to 8 a.m., the draw shall open upon four hours notice.
    
    S37 Bridge
    
        The Coast Guard proposes to amend Sec. 117.733 paragraph (d), which 
    governs the S37 Bridge, NJICW mile 14.1 by renumbering subparagraph (2) 
    as (3) and inserting a new subparagraph (2) to require a four hour 
    advance notice for openings, between the hours of 11 p.m. and 8 a.m. 
    from April 1 through November 30. The newly renumbered subparagraph (3) 
    would also be amended. The S37 Bridge openings from Memorial Day to 
    Labor Day, which
    
    [[Page 38046]]
    
    are currently scheduled on the hour and half hour from 10 a.m. to 2 
    p.m. Saturdays, Sundays, and Federal holidays, would be extended to 8 
    a.m. to 8 p.m. each day of the week.
    
    Route 30 Bridge
    
        The Coast Guard proposes to amend the regulations governing the 
    Route 30 Bridge, NJICW mile 67.2, which currently opens on signal. The 
    Coast Guard proposes to insert this new specific regulation at 33 CFR 
    117.733(f). The regulation would permit the draw to open on four hour 
    advance notice from 11 p.m. to 7 a.m., year-round, and from 3 p.m. to 
    11 p.m. from November 1 through March 31. At all other times, the Route 
    30 bridge would continue to open on signal.
    
    US40-322 Bridge
    
        The Coast Guard proposes to amend the form and substance of 
    Sec. 117.733(f) governing the US40-322 Bridge (Albany Avenue), NJICW 
    mile 70.0, by redesignating it as paragraph (g). Current paragraph (f) 
    would also be subdivided into subparagraphs (1), (2)(i), and (2)(ii). 
    Subparagraph (1) would require the draw to open year-round from 11 p.m. 
    to 7 a.m. and November 1 through March 31 from 3 p.m. to 11 p.m., if a 
    four hour advance notice is given. Subparagraph (2)(i) would state that 
    from June 1 through September 30, from 9 a.m. to 4 p.m. and from 6 p.m. 
    to 9 p.m., the draw need only open on the hour and half hour. 
    Subparagraph (2)(ii) would state that from June 1 through September 30, 
    from 4 p.m. to 6 p.m., the draw need not be opened.
    
    Route 52 Bridge
    
        The Coast Guard proposes to redesignate Part 117.733 paragraph (h) 
    and paragraph (i), which was inadvertently omitted from the current 
    regulation, and proposes to amend the same paragraph to require the 
    Route 52 (Ninth Street) Bridge, NJICW mile 80.4, to open on signal 
    except from Memorial Day to Labor Day from 8 a.m. to 8 p.m., when 
    openings would occur on the hour and half hour.
    
    General Proposals
    
        The surplus language of 33 CFR 117.733(a)(1) would be removed to be 
    consistent with the general operating regulations under 33 CFR 117.5. 
    That provision already requires drawbridges to open promptly and fully 
    for the passage of vessels when a request to open is given. This 
    requirement is applied to all drawbridges across the New Jersey 
    Intracoastal Waterway and does not need to be restated in each specific 
    regulation. Additional text modifications would be made as appropriate, 
    to eliminate surplus regulatory text already stated in the general 
    operating regulations.
        The Coast Guard intends to amend current paragraphs (b), (c), (d), 
    and (h) to delete the phrase stating that public vessels, vessels in 
    distress, or vessels in tow may pass without delay. This requirement is 
    currently published in 33 CFR 117.31 and is no longer required to be 
    published in each specific bridge regulation.
        The Coast Guard also plans to insert 33 CFR 117.733(i), a section 
    that was inadvertently omitted from the regulation. The current 
    regulations contain paragraphs (a)-(h) and (j). Paragraph (i) does not 
    exist. Paragraph (i) should have included the specific regulation 
    governing the Stone Harbor Boulevard Bridge across Great Channel, at 
    mile 102.0. That section, governing the Stone Harbor Boulevard Bridge 
    would be reinserted, but would be redesignated as paragraph (j). 
    Paragraph (i) would be added, but it would govern the Route 52 Bridge.
        The Coast Guard intends to remove the current regulation in 33 CFR 
    117.733 paragraph (j) by codifying this paragraph as 33 CFR 117.720. 
    This bridge, referred to in paragraph (j) as the Cape May County Bridge 
    Commission Bridge, at mile 104.0 between Stone Harbor and Nummy Island 
    does not span the NJICW, but rather spans Great Channel, at mile 0.7, a 
    tributary to the NJICW. It had been incorrectly placed in 33 CFR 
    117.733 as a NJICW bridge. The operating schedule of this bridge would 
    not be affected by this change.
        Finally, the Coast Guard proposes to revise 33 CFR 117.733 by 
    redesignating current paragraph (g) which governs the Dorset Avenue 
    Bridge across Inside Thoroughfare, mile 71.2. That paragraph would be 
    redesignated (h). No modifications to that regulation are proposed.
    
    Regulatory Evaluation
    
        The 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 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. The Coast Guard reached this 
    conclusion based on the fact that the changes and actions proposed by 
    this rule would not prevent mariners from transiting the bridges. The 
    rule would merely require mariners to plan to be in position to take 
    advantage of scheduled bridge openings and to timely contact bridge 
    tenders controlling bridges that require advance notification.
    
    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 proposed rule, 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 Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    
    Federalism
    
        The Coast Guard has analyzed this rule under the principles and 
    criteria contained in Executive Order 12612 and has determined that 
    this proposed rule 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:
    
    [[Page 38047]]
    
    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 117.733 is revised to read as follows:
    
    
    Sec. 117.733  New Jersey Intracoastal Waterway.
    
        (a) The following requirement applies to all bridges listed in this 
    section: 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 Sec. 118.160 of this chapter.
        (b) The draw of the Route 35 Bridge, mile 1.1 across Manasquan 
    River at Brielle, shall open on signal except as follows:
        (1) From May 15 through September 30:
        (i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10 
    p.m., the draw need only open on the hour and half hour.
        (ii) On Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, 
    except Federal holidays from 12 p.m. to 7 p.m., the draw need only open 
    15 minutes before the hour and 15 minutes after the hour.
        (2) Year-round from 11 p.m. to 8 a.m., the draw shall open on 
    signal upon four hours notice.
        (c) The draw of the County Route 528 Bridge, mile 6.3 across 
    Barnegat Bay at Mantoloking, shall open on signal; except that from 
    Memorial Day through Labor Day on Saturdays, Sundays and Federal 
    holidays from 9 a.m. to 6 p.m., the draw need only open on the hour, 
    twenty minutes after the hour, and forty minutes after the hour.
        (d) The draw of the S37 Bridge across Barnegat Bay, mile 14.1 at 
    Seaside Heights, shall open on signal except as follows:
        (1) From December 1 through March 31 from 11 p.m. to 8 a.m., the 
    draw need not be opened.
        (2) From April 1 through November 30 from 11 p.m. to 8 a.m., the 
    draw shall open on signal upon four hours notice.
        (3) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., the 
    draw need only open on the hour and half hour.
        (e) The draw of the AMTRAK New Jersey Transit Rail Operations 
    (NJTRO) automated railroad swing bridge across Beach Thorofare, mile 
    68.9 at Atlantic City shall operate as follows:
        (1) Open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m., 
    the draw shall open on signal from 20 minutes to 30 minutes after each 
    hour and remain open for all awaiting vessels.
        (2) Opening of the draw span may be delayed for ten minutes except 
    as provided in Sec. 117.31(b). However, if a train is moving toward the 
    bridge and has crossed the home signal for the bridge before the signal 
    requesting opening of the bridge is given, that train may continue 
    across the bridge and must clear the bridge interlocks before stopping.
        (3) When the bridge is not tended locally and/or is operated from a 
    remote location, sufficient closed circuit TV cameras shall be operated 
    and maintained at the bridge site to enable the remotely located 
    bridge/train controller to have full view of both river traffic and the 
    bridge.
        (4) Radiotelephone Channel 13 (156.65 MHz) VHF-FM, shall be 
    maintained and utilized to facilitate communication in both remote and 
    local control locations. The bridge shall also be equipped with 
    directional microphones and horns to receive and deliver signals to 
    vessels within a mile that are not equipped with radiotelephones.
        (5) Whenever the remote control system equipment is partially 
    disabled or fails for any reason, the bridge shall be physically tended 
    and operated by local control. Personnel shall be dispatched to arrive 
    at the bridge as soon as possible, but not more than one hour after 
    malfunction or disability of the remote system. Mechanical bypass and 
    override capability for remote operation shall be provided and 
    maintained.
        (6) When the draw is opening and closing, or is closed, yellow 
    flashing lights located on the ends of the center piers shall be 
    displayed continuously until the bridge is returned to the fully open 
    position.
        (f) The draw of the Route 30 Bridge across Beach Thorofare, mile 
    67.2 at Atlantic City, shall open on signal except that, year-round 
    from 11 p.m. to 7 a.m. and, from November 1 through March 31 from 3 
    p.m. to 11 p.m., the draw need only open if at least four hours notice 
    is given.
        (g) The draw of the US40-322 (Albany Avenue) Bridge, mile 70.0 
    across Inside Thorofare, at Atlantic City, shall open on signal except 
    that:
        (1) Year-round, from 11 p.m. to 7 a.m.; and from November 1 through 
    March 31 from 3 p.m. to 11 p.m., the draw need only open if at least 
    four hours notice is given:
        (2) From June 1 through September 30:
        (i) From 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m. the draw need 
    only open on the hour and half hour; and
        (ii) From 4 p.m. to 6 p.m. the draw need not open.
        (h) The draw of the Dorest Avenue Bridge across Inside Thorofare, 
    mile 71.2 at Ventnor City, shall open on signal except that from June 1 
    through September 30, from 9:15 a.m. to 9:15 p.m., the draw need only 
    open at 15 and 45 minutes after the hour.
        (i) The draw of the Route 52 (Ninth Street) Bridge, mile 80.4 
    across Beach Thorofare, at Ocean City, shall open on signal except that 
    from Memorial Day through Labor Day from 8 a.m. to 8 p.m., the draw 
    need only open on the hour and half hour.
        (j) The draw of the Stone Harbor Boulevard Bridge, mile 102.0 
    across Great Channel, at Stone Harbor, shall open on signal except 
    that:
        (1) From October 1 through March 31 from 10 p.m. to 6 a.m. the draw 
    need only open if at least eight hours notice is given.
        (2) From Memorial Day through Labor Day from 6 a.m. to 6 p.m. on 
    Saturdays, Sundays and Federal holidays, the draw need open only for 
    waiting vessels on the hour, 20 minutes after the hour, and 20 minutes 
    before the hour.
        3. Section 117.720 is added to read as follows:
    
    
    Sec. 117.720  Great Channel
    
        The draw of the Cape May County Bridge Commission bridge, mile 0.7, 
    between Stone Harbor and Nummy Island, shall open on signal except 
    that:
        (a) From May 15 through October 15 from 10 p.m. to 6 a.m. if at 
    least four hours advance notice is given.
        (b) From October 16 through May 14 if at least 24 hours advance 
    notice is given.
    
        Dated: June 27, 1997.
    J. Carmichael,
    Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
    District.
    [FR Doc. 97-18672 Filed 7-15-97; 8:45 am]
    BILLING CODE 4910-14-M
    
    
    

Document Information

Published:
07/16/1997
Department:
Coast Guard
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
97-18672
Dates:
Comments must be received on or before September 15, 1997.
Pages:
38043-38047 (5 pages)
Docket Numbers:
CGD05-97-003
RINs:
2115-AE47: Drawbridge Regulations
RIN Links:
https://www.federalregister.gov/regulations/2115-AE47/drawbridge-regulations
PDF File:
97-18672.pdf
CFR: (3)
33 CFR 117.733(f)
33 CFR 117.720
33 CFR 117.733