Drawbridge operations: New Jersey,

[Federal Register: July 20, 1999 (Volume 64, Number 138)]

[Rules and Regulations]

[Page 38830-38831]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr20jy99-13]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-98-091]

RIN 2115-AE47

Drawbridge Operation Regulations; Hackensack River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing the drawbridge operation regulations governing the S46 Bridge, mile 14.0, across the Hackensack River at Little Ferry, New Jersey to open on signal after a twenty four hour advance notice is given by calling the number posted at the bridge. There have been no requests to open the S46 Bridge since 1978. This rule is expected to relieve the bridge owner of the requirement to crew the bridge and still meet the needs of navigation.

DATES: This final rule is effective August 19, 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, MA, 02110-3350, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (617) 223-8364.

FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer, First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 18, 1999, the Coast Guard published a notice of proposed rulemaking entitled drawbridge operation regulations; Hackensack River, NJ, in the Federal Register [64 FR 8033]. The Coast Guard received no letters commenting on the proposed rulemaking. A hearing was not requested and none was held.

[[Page 38831]]

Background and Purpose

The S46 Bridge, at mile 14.0, in Little Ferry, New Jersey, has a vertical clearance of 35 feet at mean high water and 40 feet at mean low water. The existing operating regulations for the S46 Bridge, listed at Sec. 117.723(f), require the bridge to open on signal, if at least six (6) hours advance notice is given.

The Coast Guard is changing the regulations to require that the S46 Bridge open on signal after a twenty four hour notice is given. The bridge owner, the New Jersey Department of Transportation, asked the Coast Guard to change the regulations to require a twenty four hour notice for bridge openings because there have been no requests to open this bridge since 1978. The Coast Guard believes this change to the regulations is reasonable because the bridge owner has not received a request to open the bridge since 1978.

Discussion of Comments and Changes

The Coast Guard received no letters commenting on 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 the Department of Transportation (DOT) (44 FR 11040; Feb. 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 no requests to open this bridge have been made since 1978.

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 stated 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 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 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 not to 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(f) is revised to read as follows:

   Sec. 117.723 Hackensack River.

   * * * * *

   (f) Except as provided in paragraph (a)(1) of this section, the draw of the S46 Bridge, at mile 14.0, in Little Ferry, shall open on signal if at least a twenty four hour advance notice is given by calling the number posted at the bridge. * * * * *

   Dated: June 30, 1999. R.M. Larrabee, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.

   [FR Doc. 99-18497Filed7-19-99; 8:45 am]

   BILLING CODE 4915-01-M