[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Proposed Rules]
[Pages 44148-44149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20956]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-076]
RIN 2115-AE47
Drawbridge Operation Regulations; Hackensack River, Passaic
River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating regulations
governing the Harold J. Dillard (Court Street) Bridge, at mile 16.2, at
Hackensack, across the Hackensack River, the Avondale Bridge, mile
10.7, at Lyndhurst, across the Passaic River, and the Douglas O. Mead
(Union Avenue) Bridge, mile 13.2, at Rutherford, across the Passaic
River, in New Jersey. The brige owner has asked the Coast Guard to
change the regulations for these bridges to require a four-hour advance
notice for openings at all times because there have been few requests
to open these bridges since 1994. This rulemaking is expected to
relieve the bridge owner of the burden of crewing the bridges at all
times while meeting the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before October 12,
1999.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District, 408 Atlantic Avenue, Boston, MA. 02110-3350, or deliver them
at the same address between 7 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. The telephone number is (617) 223-8364. The
First Coast Guard District Bridge Branch maintains the public docket
for this rulemaking. Comments and documents as indicated in this
preamble will become part of this docket and will be available for
inspection or copying at the above address 7 a.m. to 3 p.m. Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD01-99-076) and the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. 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 proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the address under ADDRESSES. The request
should include the 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.
Background
The Harold J. Dillard (Court Street) Bridge, mile 16.2, across the
Hackensack River in Hackensack, New Jersey, has a vertical clearance of
3 feet at mean high water and 8 feet at mean low water. The Douglas O.
Mead (Union Avenue) Bridge, mile 13.2, across the Passaic River, in
Rutherford, New Jersey, has a vertical clearance of 13 feet at mean
high water and 18 feet at mean low water. The Avondale Bridge, mile
10.7, across the Passaic River in Lyndhurst, New Jersey, has a vertical
clearance of 7 feet at mean high water and 12 feet at mean low water.
The existing operating regulations for the Harold J. Dillard (Court
Street) Bridge listed at Sec. 117.723(g) require the
[[Page 44149]]
bridge to open on signal from 7 a.m. to 11 p.m. From 11 p.m. to 7 a.m.,
and at all times on weekends and Federal holidays, the draw shall open
on signal if at least eight hours notice is given. The existing
operating regulations for the Douglas O. Mead (Union Avenue) Bridge
listed at Sec. 117.739(o) require the bridge to open on signal; except
that, from 4 p.m. to 8 a.m., the draw shall open if at least eight
hours notice is given. The existing operating regulations for the
Avondale Bridge listed at Sec. 117.739(1) require the bridge to 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.
The bridge owner, the County of Bergen, has asked the Coast Guard
to change the regulations for these bridges to require a four-hour
advance notice for openings at all times.
The bridges' log data indicates that the Harold J. Dillard (Court
Street) Bridge and Douglas O. Mead (Union Avenue) Bridge have not
received a request to open since 1994. The Avondale Bridge had 8
openings in 1996, 4 openings in 1997, 2 openings in 1998, and no
openings thus far in 1999.
Discussion of Proposal
The Coast Guard proposes to revise the operating rules governing
the Harold J. Dillard (Court Street) Bridge, listed at 33 CFR
117.723(g), for the Hackensack River and the operating rules for the
Avondale and Douglas O. Mead (Union Avenue) bridges listed at 33 CFR
117.739 (l) and (o), respectively, for the Passaic River. This proposal
will require all three bridges to open on signal at all times if at
least four-hours notice is given. The advance notice requirements shall
be posted at the bridges in accordance with 33 CFR 117.55(c) of this
chapter. This proposal will relieve the bridge owner of the requirement
to have personnel crew the bridges and still meet the needs of
navigation.
The Coast Guard believes this proposal is reasonable based upon the
low number of opening requests received since 1994.
Regulatory Evaluation
This 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 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; Feb. 26, 1979). The Coast Guard expects the economic impact
of this proposed 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 these bridges have had few requests to open since 1994. Mariners
will continue to obtain bridge openings provided they give four-hour
notice.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, will have
a significant economic impact on 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 of less than 50,000. Therefore, the Coast Guard certifies
under section 5 U.S.C. 605(b), for the reasons discussed in the
Regulatory Evaluation section above, that this proposed rule, if
adopted, 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 proposed rule
will have a significant 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 proposed rule will economically
affect it.
Collection of Information
This proposed rule does not provide for a collection of information
under the Paperwork Education Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule in accordance with
the principles and criteria contained in Executive Order 12612 and has
determined that this proposed rules does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under Section 2.B.2., Figure 2-1,
paragraph (32)(e), of Commandant Instruction M16475.1C, this proposed
rule is categorically excluded from further environmental documentation
because promulgation of drawbridge regulations has been found not to
have a significant effect on the environment. A written ``Categorical
Exclusion Determination'' is not required for this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
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 117.723(g) is revised to read as follows:
Sec. 117.723 Hackensack River
* * * * *
(g) The draw of the Harold J. Dillard Memorial (Court Street)
Bridge, mile 16.2, at Hackensack, shall open on signal if at least four
hours notice is given.
* * * * *
3. Section 117.39(l) and (o) are revised to read as follows:
Sec. 117.739 Passiac River
* * * * *
(l) The draw of the Avondale Bridge, mile 10.7, at Lyndhurst, shall
open on signal if at least four hours notice is given.
* * * * *
(o) The draw of the Douglas O. Mead, (Union Avenue) Bridge, mile
13.2, shall open on signal if at least four hours notice is given.
* * * * *
Dated: July 29, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc 99-20956 Filed 8-12-99; 8:45 am]
BILLING CODE 4910-15-M
