[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Rules and Regulations]
[Pages 62113-62114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29833]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations governing the Harold J. Dillard (Court Street) Bridge, at
mile 16.2, at Hackensack, across the Hackensack River, the Avondale
Bridge, at mile 10.7, at Lyndhurst, across the Passaic River, and the
Douglas O. Mead (Union Avenue) Bridge, at mile 13.2, at Rutherford,
across the Passaic River, in New Jersey. The bridge owner 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 final rule is
expected to relieve the bridge owner of the burden of crewing the
bridges at all times and still meet the needs of navigation.
DATES: This final rule is effective December 16, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Massachusetts 02110, 7 a.m. to 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 August 13, 1999, the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulations; Hackensack River
and Passaic River, New Jersey, in the Federal Register (64 FR 44148).
The Coast Guard received no comments in response to the notice of
proposed rulemaking. No public hearing was requested and none was held.
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 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
117.739(l) 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 bridge 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 Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and no changes have been made to this final rule.
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
[[Page 62114]]
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 these bridges have had few
requests to open since 1994. Mariners will still be able transit the
waterway provided they give a four-hour notice.
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 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 reasons discussed in the Regulatory Evaluation
section above, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 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 13132 and has
determined that this final rule does not have federalism implications
under that Order.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under Section 2.B.2., 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
not have a significant effect on the environment. A written
``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. 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 Passaic 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: October 28, 1999.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 99-29833 Filed 11-15-99; 8:45 am]
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