[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Proposed Rules]
[Pages 8209-8211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3545]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-093]
RIN 2115-AE47


Drawbridge Operation Regulations; Mullica River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of Burlington County, New Jersey, the Coast 
Guard is considering a change to the regulations governing operation of 
the Lower Bank bridge over the Mullica River at mile 15.0 between 
Atlantic and Burlington Counties, New Jersey. This change will extend 
the existing winter seasonal restrictions into April and require four 
hours advance notice of all bridge openings during this period. This 
change is being proposed because there have been few requests for 
bridge openings during the winter months. The proposed change, if 
adopted, will relieve the bridge owner of the responsibility of having 
a bridgetender constantly on duty during a time of year when there is 
no demonstrated need for one, and will still provide for the reasonable 
needs of navigation throughout the year.

DATES: Comments must be received on or before May 15, 1995.

ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard 
District, c/o Commander (obr), First Coast Guard District, Bldg. 135A, 
Governors Island, New York 10004-5073. The comments will become part of 
this docket and will be available for inspection and copying by 
appointment at Bldg. 135A, Governors Island, New York 10004-5073. 
Normal office hours are between 7 a.m. and 3:30 p.m., Mondays through 
Fridays, except Federal holidays. Comments may also be hand-delivered 
to this address.

FOR FURTHER INFORMATION CONTACT:
Gary Kassof, Bridge Administrator--NY, Fifth Coast Guard District, 
(212) 668-7170. [[Page 8210]] 

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, comments, data, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this rulemaking (CGD05-94-093) and the specific 
section of this proposal to which each comment applies, and give 
reasons for each comment. The Coast Guard requests that all comments 
and attachments be submitted in an unbound format suitable for copying 
and electronic filing. If not practical, a second copy of any bound 
material is requested. Persons desiring acknowledgement that their 
comments have been received 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 proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander (ob) at the address under 
ADDRESSES. The request should include 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 to be announced by a later notice in 
the Federal Register.

Drafting Information

    The drafters of this notice are Mr. J. Arca, Fifth Coast Guard 
District, Bridge Branch-NY, Project Officer, and LCDR C.A. Abel, Fifth 
Coast Guard District Legal Office, Project Attorney.

Background and Purpose

    The Lower Bank highway bascule bridge over the Mullica River in 
Lower Bank, New Jersey was replaced in 1993. It has a vertical 
clearance of 13 feet above mean high water (MHW) in the closed 
position, which is 4 feet higher than the previous bridge in the closed 
position. During the period from December 1993 through April 1994, a 
period of 151 days, requests for bridge openings occurred on only 34 
days. The current operating regulations, which were implemented in 
January 1988, require the Lower Bank bridge to open on signal, except 
that it is required to open with four hours advance notice from April 1 
through November 30 from 11 p.m. to 7 a.m., and from December 1 through 
March 31, from 4:30 p.m. to 8 a.m. This proposed change to the 
regulations would extend the winter seasonal restrictions into April 
and increase the four hours advance notice requirement to apply to all 
requests for bridge openings during the winter months. This change, if 
adopted, will provide the bridge owner relief from the burden of 
constantly having a person available to open the bridge, when there is 
no sufficient justification to do so.
    Burlington County has requested a change to the present operating 
regulations in 33 CFR 117.731a which would allow the Lower Bank Bridge 
to operate as follows: The draw of the Lower Bank Bridge would need not 
open unless at least four hours advance notice is given during the 
following periods, May 1 through November 30, from 11 p.m. to 7 a.m. 
and from December 1 to April 30 at all times. At all other times, the 
bridge would open on signal. This change to the regulations is being 
proposed due to infrequent requests for openings. The proposed change 
to the regulation will relieve the bridge owner of the burden of having 
personnel at the bridge at night and during the winter months. The 
bridgetenders will be on call to open the draw when the four hour 
advance notice is given to the bridge owner by calling the number that 
will be posted at the bridge; therefore, the reasonable needs of 
navigation will be met.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866, and does not require as 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 
proposal 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 the regulation 
will not prevent mariners from transiting the bridge. Rather, it will 
only require mariners to plan their transits and provide advance 
notice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, 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 proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria contained in Executive Order 12612, and has 
determined that this proposed regulation does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2.E.(32)(e) of 
Commandant Instruction M16475.1B, this proposal is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination statement and checklist has been prepared and 
placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend Part 117 of Title 33, Code of Federal Regulations, as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read ad 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

    2. In section 117.731a paragraph (a) is revised to read as follows:


Sec. 117.731a  Mullica River.

* * * * *
    (a) The draw of the Lower Bank bridge, mile 15.0, need not open 
unless at least four fours notice is given during the following 
periods:
    (1) From May 1 though November 30, from 11 p.m. to 7 a.m.
    (2) From December 1 through April 30, at all times.
* * * * * [[Page 8211]] 
    Dated: January 20, 1995.
M.K. Cain,
Captain, U.S. Coast Guard Commander, Fifth Coast Guard District, 
Acting.
[FR Doc. 95-3545 Filed 2-10-95; 8:45 am]
BILLING CODE 4910-14-M