[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Pages 19243-19245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10151]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-002]
RIN 2115-AE47


Drawbridge Operation Regulations; Ship Channel, Great Egg Harbor 
Bay, New Jersey

AGENCY: Coast Guard, DOT.


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ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the New Jersey Department of Transportation 
(NJDOT), the Coast Guard is proposing to change the regulations 
governing operation of the Route 52 (Ship Channel) Bridge across Great 
Egg Harbor Bay, mile 0.5, between Somers Point and Ocean City, New 
Jersey.
    This proposal would require the Route 52 (Ship Channel) Bridge to 
open on signal except that, between Memorial Day and Labor Day from 8 
a.m. to 8 p.m., the draw need only open on the hour and half hour. This 
proposed change is intended to synchronize requests for bridge openings 
with the nearby Route 52 (Beach Thorofare) Bridge and further reduce 
the number of openings during the summer tourist season in order to 
curtail delays to vehicular traffic while still providing for the 
reasonable needs of navigation.

DATES: Comments must be received on or before June 20, 1997.

ADDRESSES: Comments may be mailed to Commander (Aowb), USCG Atlantic 
Area, Federal Building, 4th floor, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, or may be hand-delivered to the same address 
between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (757) 398-6222. Comments will become 
part of this docket and will be available for inspection and copying at 
the above address.

FOR FURTHER INFORMATION CONTACT:
Ann Deaton, Bridge Administrator, USCG Atlantic Area, (757) 398-6222.

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 (CGD05-97-002), the specific 
section of this rule to which each comment supplies, 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 that is not practical, a second copy of any bound 
material is requested. Persons wanting acknowledgment of receipt of 
comments 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 address listed 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 announced by a later notice in the Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Mr. 
Waverly W. Gregory, Jr., Project Manager, Bridge Administration 
Section, and CDR G. Shelton, Project Counsel, Maintenance and Logistics 
Command Atlantic Legal Division.

Background and Purpose

    The current regulations found at 33 CFR 117.753 require the Route 
52 (Ship Channel) bridge to open on signal except that from 11 p.m. to 
7 a.m., year round a 24 hours advance notice is required; and from 
Memorial Day through Labor Day from 10 a.m. to 8 p.m. on Saturdays, 
Sundays, and Federal holidays, the bridge opens only on the hour and 
half hour for recreational vessels.
    The New Jersey Department of Transportation (NJDOT) has requested 
that 33 CFR 117.753 be amended to extend the periods during the summer 
months in which the bridge must open only on the hour and half hour. In 
support of its request NJDOT contends that its records show that 
requests for openings from Memorial Day through Labor Day are minimal 
in number, such that the requested amendment would not significantly 
affect vessel traffic.
    The Coast Guard has reviewed NJDOT's bridge logs for 1993 through 
1995, copies of which are available for inspection and copying at the 
address under ADDRESSES. According to the logs, for the years 1993 
through 1995, from May through September between 8 a.m. and 8 p.m. 
Monday through Friday, the Route 52 (Ship Channel) bridge opened 250, 
248, and 287 times, respectively for recreational and commercial 
vessels, an average of 12 openings per week. The Coast Guard believes 
that the proposed change will balance the needs of vehicular and vessel 
traffic without unduly restricting vessel navigation.
    NJDOT has also recently requested a change to the operating 
regulations for the Route 52 (Beach Thorofare) Bridge. Due to the close 
proximity of the Route 52 bridges over Beach Thorofare and Ship 
Channel, which are located approximately two miles apart, synchronized 
openings would augment the effectiveness of the recommended change to 
the regulations for the Route 52 (Ship Channel) Bridge.

Discussion of Proposed Amendments

    The Coast Guard proposes to amend Section 117.753 by revising 
paragraph (b) to require the Route 52 (Ship Channel) Bridge, miles 0.5 
Great Egg Harbor Bay, to open on signal except that openings would be 
limited to on the hour and half hour from Memorial Day to Labor Day 
from 8 a.m. to 8 p.m.
    The Coast Guard proposes to further amend 117.753 by deleting 
paragraphs (a)(1) and (b)(1) to delete the requirement to open for 
public vessels of the United States, state and local vessels used for 
public safety, a vessel in distress, or a vessel with a tow. The 
regulatory requirements for opening in emergency situations are 
provided in 33 CFR 117.31. Text modifications to be consistent with 
other proposed changes will be made in these paragraphs, as 
appropriate.

Regulatory Evaluation

    This propose 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 proposal to be so minimal that a full 
Regulatory Evaluation, under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.

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

[[Page 19245]]

Paperwork Reduction Act (44 U.S.C. 3501 et seq).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal will 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 amended, 59 FR 38654, 29 July 
1994), this proposal is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination 
statement 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 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 117.753 is revised to read as follows:


Sec. 117.753  Ship Channel, Great Egg Harbor Bay.

    The draw of the S52 (Ship Channel) bridge, mile 0.5 between Somers 
Point and Ocean City, shall open:
    (a) From 11 p.m. to 7 a.m., on signal, if at least 24 hours advance 
notice is given.
    (b) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., on 
the hour and half hour.
    (c) At all other times, on signal, for any vessel.

    Dated: March 25, 1997.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-10151 Filed 4-18-97; 8:45 am]
BILLING CODE 4910-14-M