[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Pages 29959-29960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15045]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD05-94-065]
RIN 2115-AE47


Drawbridge Operation Regulations; Nacote Creek, NJ

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the New Jersey Department of Transportation 
(NJDOT), the Coast Guard is changing the regulations governing the 
operation of the Route 9 Bridge across Nacote Creek, mile 1.5, in 
Smithville, Atlantic County, New Jersey. The change will require the 
Route 9 Bridge to open on signal except from 11 p.m. to 7 a.m., when a 
two hour advance notice for openings will be required. This change 
should help relieve the bridge owner of the burden of having a bridge 
tender constantly available at times when there are few or no requests 
for openings, while still providing for the needs of navigation.

EFFECTIVE DATE: This rule is effective on July 15, 1996.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(804) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On December 20, 1995, the Coast Guard published a notice of 
proposed rulemaking entitled ``Drawbridge Operation Regulations, Nacote 
Creek, New Jersey'' in the Federal Register (60 FR 65613). The Coast 
Guard received one letter commenting on the notice of proposed 
rulemaking. No public hearing was requested, and none was held.

Background and Purpose

    The Route 9 Bridge across Nacote Creek, mile 1.5, at Smithville, 
Atlantic

[[Page 29960]]

County, NJ, has a vertical clearance of 5' above mean high water (MHW) 
and 8' above mean low water (MLW) in the closed position. The current 
regulations require the bridge to open on signal at all times.
    Review of the bridge logs provided by NJDOT revealed that between 
11 p.m. and 7 a.m., there were limited requests for bridge openings for 
the years 1992, 1993 and 1994. NJDOT is seeking relief from the 
requirement that a bridge tender be present during the hours of 11 p.m. 
and 7 a.m. when there are minimal requests for openings. The NJDOT 
requested a permanent change to the regulations governing operation of 
the Route 9 Bridge to require the draw to open on signal, except from 
11 p.m. to 7 a.m., which will require a two hour advance notice. At all 
other times the bridge will open on signal. The bridge tenders will be 
on call to open the draw when the advance notice is given. A 24 hour 
special telephone number will be posted on the bridge and maintained by 
the NJDOT.
    Accordingly, a new provision allowing the draw of the Route 9 
bridge, at mile 1.5, to remain closed from 11 p.m. to 7 a.m. unless two 
hours advance notice is given will be designated as paragraph (a). The 
current provision allowing the draw of the Atlantic County (Rte. 575) 
bridge, at mile 3.5, to remain closed unless eight hours advance notice 
is given will be designated as paragraph (b). A general provision 
requiring the passage of Federal, State, and local government vessels 
used for public safety through all drawbridges is published at 33 CFR 
117.31, and is no longer required to be published for each waterway. 
Therefore, this change will remove the provision requiring passage of 
public vessels from section 117.732.

Discussion of Comments and Changes

    The Coast Guard received one comment from the New Jersey State 
Historic Preservation office which offered no objection to the Coast 
Guard's proposed rulemaking. Therefore, no changes to the proposed rule 
were made.

Regulatory Evaluation

    This 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 
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 the rule will 
not prevent mariners from passing through the Route 9 Bridge but will 
only require mariners to provide two hours advance notice from 11 p.m. 
to 7 a.m. Removal of the public vessel provision from this rule will 
have no impact since this provision is included at 33 CFR 117.31.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this 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 fields and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Therefore, for the reasons set out under Regulatory 
Evaluation, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

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

Federalism Assessment

    The Coast Guard has analyzed this rule under the principles and 
criteria in Executive Order 12612 and has determined that this rule 
does not raise sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this 
rule is categorically excluded from further environmental 
documentation.

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 117.732 is revised to read as follows:


Sec. 117.732   Nacote Creek.

    (a) The Route 9 bridge, mile 1.5, shall open on signal, except that 
from 11 p.m. to 7 a.m., the draw shall open if at least two hours 
notice is given.
    (b) The draw of the Atlantic County (Rte. 575) bridge, mile 3.5 at 
Port Republic, shall open on signal if at least eight hours notice is 
given.

    Dated: May 10, 1996.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 96-15045 Filed 6-12-96; 8:45 am]
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