[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31881-31883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15681]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-95-171]
RIN 2115-AE47


Drawbridge Operation Regulations; Passaic River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the regulations 
governing the Routes 1 & 9 (Lincoln Highway) Bridge, mile 1.8, the 
Point-No-Point Railroad Bridge, mile 2.6, both in Newark, New Jersey, 
and the Route 7 (Rutgers Street) Bridge, mile 8.9, in Belleville, New 
Jersey which cross the Passaic River. The proposal would provide 
openings on signal if at least four hours notice is given. This change 
was requested by the Consolidated Rail Corporation (CONRAIL) and New 
Jersey Department of Transportation (NJDOT) because of the limited 
openings of these bridges. This action should relieve the bridge owners 
of the burden of having personnel constantly available to open the 
bridges and should provide for the reasonable needs of navigation. 
Other changes are proposed that would remove redundant requirements 
that are included in Part 117, general operating regulations, provide 
maximum allowable time delays for specific railroad bridge openings, 
remove unnecessary language, and reorder the paragraphs for clarity and 
consistency.

DATES: Comments must be received on or before August 20, 1996.

ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard 
District, Building 135A, Governors Island, New York, 10004-5073, or may 
be hand-delivered to the same address between 6:30 a.m. and 3 p.m., 
Monday through Friday, except federal holidays. The telephone number is 
(212) 668-7170. The comments will become part of this docket and will 
be available for inspection and copying by appointment at the above 
address.

FOR FURTHER INFORMATION CONTACT:
Gary Kassof, Bridge Program Manager, First Coast Guard District, (212) 
668-7069.

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 (CGD01-95-171), 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 no longer than 8\1/
2\'' by 11'', suitable for copying and electronic filing. If that is 
not practical, a second copy of any bound material is requested. 
Persons desiring acknowledgment that their comments have been received 
should enclose a stamped, self-addressed post card or envelope.
    The Coast Guard will consider all comments received during the 
comment

[[Page 31882]]

period, and may change this proposal in light of comments received. The 
Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to Commander (obr), First Coast Guard District at 
the address listed under ADDRESSES. The request should include reasons 
why a hearing would be beneficial. If the Coast Guard determines that 
the opportunity for oral presentations will aid this rulemaking, the 
Coast Guard will hold a public hearing at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The Routes 1 & 9 (Lincoln Highway), Point-No-Point Railroad, and 
Route 7 (Rutgers Street) Bridges have respective vertical clearances, 
when in the closed position, of 40', 16', and 8' above mean high water 
(MHW) and 45', 30', and 21', above mean low water (MLW). All three 
bridges are presently required to open on signal. The proposed 
regulations would permit these bridges to open on signal if at least 
four hours notice is given.
    Due to the closure of the River Oil Terminal in August, 1992, 
requests for openings of bridges across Passaic River have decreased. 
For the years 1992, 1993, and 1994, the Routes 1 & 9 (Lincoln Highway) 
Bridge opened 95, 35 and 29 times, respectively, for vessel transits; 
the Point-No-Point Bridge opened 243, 145 and 124 times; the Route 7 
(Rutgers Street) Bridge opened 129, 161 and 169 times. These 
regulations are being proposed to provide CONRAIL and NJDOT relief from 
having an operator in constant attendance at the bridges since there is 
limited demand for bridge openings.

Discussion of Proposed Amendments

    The Coast Guard proposes to amend 33 CFR 117.739 to require a four 
hour advance notice for openings of the Routes 1 & 9 (Lincoln Highway) 
Bridge, mile 1.8; Point-No-Point Railroad Bridge, mile 2.6; and Route 7 
(Rutgers Street) Bridge, mile 8.9. Redundant requirements that are 
included in Part 117, general operating regulations, would be deleted. 
Maximum allowable time delays in railroad bridge openings would be 
added to appropriate paragraphs. Finally, 33 CFR 117.739 would be 
revised to remove unnecessary language and the paragraphs would be 
reordered for clarity and consistency.
    The Coast Guard proposes to amend Sec. 117.739 by adding new 
paragraphs (b), (c), and (j) requiring a four hour advance notice for 
openings be given for the Routes 1 & 9 (Lincoln Highway), Point-No-
Point Railroad, and Route 7 (Rutgers Street) Bridges, respectively. 
Requests for openings of these three bridges have been markedly reduced 
since 1991.
    The Coast Guard proposes to amend Sec. 117.739(a)(1) to delete the 
requirement to allow public vessels to pass without delay. The 
regulatory requirements for operating in emergency situations are 
provided in 33 CFR 117.31.
    The Coast Guard proposes to delete the requirements in 
Sec. 117.739(a)(3) which control trains and locomotives and the maximum 
allowable time delay in providing openings. The explanation of the 
train interlock system (block method) is described in 33 CFR 117.9. 
Paragraphs (c), (e), (h), and (j) of Sec. 117.739 are proposed to be 
amended by including maximum allowable opening delays of ten minutes.
    The Coast Guard proposes to revise Sec. 117.739 by redesignating 
paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and 
(m), as (d), (e), (f), (g), (h), (i), (k), (l), (m), (n), (0), and (p), 
respectively. Text modifications to be consistent with other proposed 
changes would be made in these paragraphs, as appropriate.

Regulatory Evaluation

    This proposal 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; 
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. The proposed regulations would not prevent mariners from 
passing through the Routes 1 & 9, the Point-No-Point Railroad, and the 
Route 7 bridges, but would require giving four hours advance notice of 
arrival. Currently, two facilities in Newark, New Jersey, National 
Fuels and W.A. Steamlines, receive some of their product by barge. 
During the winter months, National Fuels occasionally receives heating 
oil crude by barge in anticipation of demand for home heating fuel. 
Similarly, W.A. Steamlines sometimes has gasoline delivered by barge to 
increase its reserves in the winter months. Since these deliveries are 
scheduled well in advance, the proposed advance notice requirement will 
have minimal impact on these facilities. Small marinas located along 
the Passaic River provide dockage for less than 100 recreational 
vessels, many transiting the drawbridges without requiring openings. 
Considering the recreational nature of these trips, an advance notice 
requirement will have minimal economic impact on recreational boating 
facilities and recreational boaters.

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 fields and that 
otherwise qualify as ``small business concerns'' under section 3 of the 
Small Business Act (15 U.S.C. 632). Because of the reasons discussed in 
the Regulatory Evaluation above, the Coast Guard finds that this rule 
will not have a significant economic impact on a substantial number of 
small entities. If however, you think that your business or 
organization qualifies as a small entity and that this rule will have a 
significant economic impact on your business or organization, please 
submit a comment (See ADDRESSES) explaining why you think it qualifies 
and in what way and to what degree this rule will economically affect 
it.

Collection of Information

    This rule 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 it 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 (as revised by 59 FR 38654, July 29, 
1994), this proposal is categorically excluded from further 
environmental documentation since it is a proposed operating regulation 
for drawbridges.

List of Subjects in 33 CFR Part 117

    Bridges.

[[Page 31883]]

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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 117.739 is revised to read as follows:


Sec. 117.739  Passaic River.

    (a) The following requirements apply to all bridges across the 
Passaic River:
    (1) The owners of these bridges shall provide, and keep in good 
legible condition, clearance gauges with figures not less than twelve 
(12) inches high designed, installed and maintained according to the 
provisions of section 118.160 of this chapter.
    (2) New Jersey Transit Rail Operations' (NJTRO) roving crews shall 
consist of two qualified operators, on each shift, each having a 
vehicle which is equipped with marine and railroad radios, a cellular 
telephone, and emergency bridge repair and maintenance tools. This crew 
shall be split with one drawtender stationed at the Upper Hack and the 
other drawtender at the HX (Jacknife) drawbridge on the Hackensack 
River. ``Adequate security measures'' shall be provided to prevent 
vandalism to the bridge operating controls and mechanisms to insure 
prompt openings of NJTRO bridges.
    (b) The draw of the Routes 1 & 9 (Lincoln Highway) Bridge, mile 
1.8, at Newark, shall open on signal if at least four hours notice is 
given.
    (c) The draw of CONRAIL's Point-No-Point Railroad Bridge, mile 2.6, 
at Newark, shall open on signal if at least four hours notice is given 
to the CONRAIL Movement Desk. After the signal to open is given, the 
opening may be delayed no more than ten minutes.
    (d) The draw of the Jackson Street Bridge, mile 4.6, at Harrison, 
shall 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.
    (e) The draw of Amtrak's Dock Bridge, mile 5.0, at Harrison, shall 
open on signal; except that from 7:20 a.m. to 9:20 a.m. and 4:30 p.m. 
to 6:50 p.m., Monday through Friday except federal holidays, the draw 
need not be opened. At all other times, an opening may be delayed no 
more than ten minutes, unless the drawtender and the vessel operator, 
communicating by radiotelephone, agree to a longer delay.
    (f) The draw of the Bridge Street Bridge, mile 5.6, at Harrison, 
shall 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.
    (g) Phd draw of the NJTRO Newark-Harrison (Morristown Line) Bridge, 
mile 5.8, at Harrison, New Jersey shall open on signal if at least one 
hour advance notice is given to the drawtender at Upper Hack bridge 
mile 6.9, across the Hackensack River at Secaucus, NJ. In the event the 
HX drawtender is at the Lower Hack bridge, mile 3.4 on the Hackensack 
River, at Jersey City then up to an additional half hour delay in 
opening is permitted. After the signal to open is given, the opening 
may be delayed no more than ten minutes. From 7:15 a.m. to 9 a.m. and 
from 4:30 p.m. to 6:50 p.m., Monday through Friday except federal 
holidays, the draw need not open.
    (h) The draw of the Route 280 (Stickel Memorial) Bridge, mile 5.8, 
at Harrison, shall open on signal if at least eight hours notice is 
given. In an emergency, the draw shall open as soon as possible but not 
more than two hours after the opening request.
    (i) The draw of the Clay Street Bridge, mile 6.0, at Harrison, 
shall 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.
    (j) The draw of the Route 7 (Rutgers Street) Bridge, mile 6.9, at 
Belleville, shall open on signal if at least four hours notice is 
given.
    (k) The draw of the NJTRO (West Arlington) Bridge, mile 8.0, at 
Kearney, shall open on signal from 7 a.m. to 11 p.m. if at least eight 
hours notice is given. After the signal to open is given, the opening 
may be delayed no more than ten minutes. From 11 p.m. to 7 a.m., the 
draw need not be opened.
    (l) The draw of the Avondale Bridge, mile 10.7, at Lyndhurst, shall 
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.
    (m) The draw of the NJTRO Bridge, mile 11.7, at Lyndhurst, shall 
open on signal from 8 a.m. to 4 p.m. if at least six hours notice is 
given. After the signal to open is given, the opening may be delayed no 
more than ten minutes. From 4 p.m. to 8 a.m., the draw need not be 
opened.
    (n) The draw of the Route 3 Bridge, mile 11.8, at Rutherford, shall 
open on signal if at least six hours notice is given.
    (o) The draw of the Douglas O. Mead (Union Avenue) Bridge, mile 
13.2, at Rutherford, shall open on signal; except that:
    (1) From 4 p.m. to 8 a.m., the draw shall open if at least eight 
hours notice is given; and
    (2) On Christmas and New Year's Day, the draw shall open if notice 
is given prior to 4 p.m. today prior.
    (p) The draw of the following bridges need not be opened for the 
passage of vessels:
    (1) Gregory Avenue Bridge, mile 14.0, at Wallington.
    (2) Second Street Bridge, mile 14.7, at Wallington.
    (3) West Eighth Street Bridge, mile 15.3, at Garfield.

    Dated: May 28, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-15681 Filed 6-20-96; 8:45 am]
BILLING CODE 4910-14-M