Drawbridge operations: New Jersey,

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Federal Register: August 13, 1998 (Volume 63, Number 156)Rules and RegulationsPage 43322-43324From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr13au98-13

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

CGD05-98-015RIN 2115-AE47

Drawbridge Operation Regulations; Grassy Sound Channel, Middle Township, NJ

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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. 98-21799Filed8-12-98; 8:45 amBILLING CODE 4910-15-M

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