[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Rules and Regulations]
[Pages 43322-43324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21799]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-98-015]
RIN 2115-AE47
Drawbridge Operation Regulations; Grassy Sound Channel, Middle
Township, NJ
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations that govern the
operation of the drawbridge across Grassy Sound Channel, mile 1.0, in
Middle Township, New Jersey, by requiring two-hours advance notice for
bridge openings from October 1 to May 14, and from 8 p.m. to 6 a.m.
each day from May 15 to September 30. The bridge will be
[[Page 43323]]
unattended during these time periods and requests for openings shall
require calling (609) 368-4591. This rule will help lessen the high
cost of manning the drawbridge 24 hours a day while still providing for
the reasonable needs of navigation.
DATES: This final rule is effective on September 14, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the office of the Commander (Aowb), Fifth
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street,
Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday
through Friday, except Federal holidays. The telephone number is (757)
398-6222.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(757) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 10, 1998, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Grassy
Sound Channel, Middle Township, NJ'' in the Federal Register (63 FR
17781). The Coast Guard did not receive any comments on the proposed
rulemaking. No public hearing was requested and none was held.
Background and Purpose
The Ocean Drive drawbridge across the Grassy Sound Channel, mile
1.0, in Middle Township is currently required to open on signal year-
round. The Cape May County Bridge Commission, through the Cape May
County Department of Public Works, requested permission to cease having
the bridge attended 24-hours per day year-round. In support of its
request, Cape May County asserts that 8 years of drawbridge opening
logs (from 1990 through 1997) show that marine vessel traffic
significantly decreased at night and during the winter (Oct. 1 through
May 14).
Prior to publishing the Notice of Proposed Rulemaking the Coast
Guard reviewed the logs (copies of which are included in the docket for
this rulemaking) and they appear to support Cape May County's request.
According to the January 1990 to June 1997 drawbridge logs, 680
openings occurred, of which 177 were for construction vessels and 503
for private vessels.
Of the 503 private vessel openings, the average for the 8-year
period was 0.183 openings per day; only 16 of the 503 openings for
private vessels occurred at night between 8 p.m. and 6.a.m. with an
average opening rate of 0.005 per night for the 8-year period. Only 74
of the 503 private vessel bridge openings occurred from October 1 to
May 14 with an average rate of 0.043 openings per day for the winter,
as compared with the higher rate of 0.430 openings per day during the
summer (May 15 to September 30). The majority of openings for
construction vessels occurred during 1991 and 1992, in the daytime. Due
to this circumstance and the infrequency of construction vessel bridge
openings from 1990-97, the 177 construction vessel openings are not
included in this analysis.
The winter and night bridge opening rates, when compared to summer
and daytime averages, indicate that it is advantageous to change the
drawbridge operating regulations. Based on this data, the Coast Guard
believes that requiring two-hours notice for openings, during these
time periods (night and winter) will help to lessen the high cost of
continually manning the bridge, but will not overburden marine traffic.
Therefore, the Coast Guard is amending 33 CFR 117 by requiring two-
hours advance notice for bridge openings from October 1 to May 14, and
from 8 p.m. to 6 a.m. each day from May 15 to September 30.
Discussion of Comments and Changes
The Coast Guard received no comments on the proposed rulemaking.
Therefore, the final rule is being implemented without change.
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 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 final 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 final rule will not prevent
mariners from transiting the bridge, but merely require them to give
two-hours advance notice for openings during the restricted periods.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this final 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 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 final rule to be
minimal, 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 contains no collection of information requirement
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this final rule under 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
COMDTINST M16475.1C, this final rule is categorically excluded from
further environmental documentation based on the fact that it is a
promulgation of the operating regulations for a drawbridge. A
Categorical Exclusion Determination statement has been prepared and
placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 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. A new Sec. 117.721 is added to read as follows:
Sec. 117.721 Grassy Sound Channel.
The draw of the Grassy Sound Channel Bridge, mile 1.0, in Middle
Township, will open on signal from 6 a.m. to 8 p.m. from May 15 through
[[Page 43324]]
September 30; two-hours advance notice is required for all other
openings by phoning (609) 368-4591.
Dated: August 5, 1998.
T.B. Doherty,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 98-21799 Filed 8-12-98; 8:45 am]
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