[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Proposed Rules]
[Pages 38043-38047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18672]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-003]
RIN 2115-AE47


Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway

AGENCY: Coast Guard, DOT.

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 several bridges that cross the New Jersey Intracoastal 
Waterway (NJICW). Those bridges include: The Route 35 Bridge across 
Manasquan River at NJICW mile 1.1, in Brielle, New Jersey; the S37 
Bridge across Barnegat Bay at NJICW mile 14.1, in Seaside Heights, New 
Jersey; the US40-322 (Albany Avenue) Bridge across Inside Thorofare at 
NJICW mile 70.0, in Atlantic City, New Jersey; and the Route 52 (Ninth 
Street) Bridge across Beach Thorofare at NJICW mile 80.4, in Ocean 
City, New Jersey. Additionally, a new provision would be added that 
would restrict openings of the Route 30 Bridge across Beach Thorofare 
at NJICW mile 67.2, which currently opens on signal. The NJDOT has 
requested these changes in an effort to ease vehicular traffic 
congestion caused by bridge openings in and around seaside resort 
areas. The NJDOT also seeks to reduce bridge tender hours for certain 
bridges by eliminating the need for them to be continually staffed 
during off-peak periods when few openings occur.


[[Page 38044]]


DATES: Comments must be received on or before September 15, 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 (CGD05-97-003), and the specific 
section of this rule 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 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 Lieutenant Robert L. Wegman, Project 
Counsel, Maintenance and Logistics Command Atlantic Legal Division.

Background and Purpose

General

    The New Jersey Intracoastal Waterway (NJICW) extends approximately 
118 statute miles from Manasquan Inlet to Cape May Harbor. The NJICW is 
primarily used by pleasure craft, commercial, and sport fishing 
vessels. General regulations governing the operation of bridges are set 
out in Secs. 117.1 through 117.49 of Title 33, Code of Federal 
Regulations (33 CFR). Specific drawbridge regulations, which supplement 
the general regulations for certain NJICW bridges, are set out in 33 
CFR 117.733.
    The New Jersey Department of Transportation (NJDOT) has requested 
to change the existing regulations for many bridges crossing the NJICW 
in an effort to balance the needs of mariners and vehicle drivers 
transiting in and around seaside resort areas. Bridge openings at peak 
traffic hours during the tourist season often cause considerable 
congestion while accommodating relatively few vessels. The NJDOT 
contends that its statistics show an overall decrease in vessel traffic 
and an increase in vehicular traffic in recent years. The NJDOT is 
seeking to solve the vehicular traffic problem caused by the frequency 
of bridge openings by reducing the number of drawbridge openings, thus 
allowing more vehicles to pass unimpeded. The NJDOT also seeks to 
restrict openings and thereby reduce bridge tender hours for certain 
bridges during off-peak periods when requests for openings infrequently 
occur. A special 24-hour telephone number would be posted on all 
bridges in accordance with 33 CFR 117.55 to arrange for openings during 
off-peak periods and emergencies. The following bridges would be 
affected by this proposal:

Route 35 Bridge

    The current regulations require the Route 35 bridge across 
Manasquan River, at NJICW mile 1.1, located in Brielle, New Jersey to 
open on signal; except that, from Memorial Day through Labor Day on 
Saturdays, Sundays, and Federal holidays from 10 a.m. to 8 p.m., the 
draw need only open on the hour and half hour. Additionally, the draw 
shall open at all times as soon as possible for passage of a public 
vessel of the United States or for a vessel in distress.
    During the summer of 1991, the Coast Guard implemented a temporary 
deviation to the existing regulations governing the Route 35 Bridge for 
60 days from August 1 through September 29, 1991. The deviation 
extended the hour and half hour opening schedule on weekends and 
holidays to between 9 a.m. and 10 p.m., and provided for only twice an 
hour openings during the evening rush hours from 4 p.m. to 7 p.m. 
Monday through Thursday and from 12 p.m. to 7 p.m., on Fridays. Over 
the last five years, the Route 35 Bridge has unofficially operated 
under the 1991 temporary regulations. Although vehicle traffic has 
increased since 1991, NJDOT records indicate that maintaining the 1991 
temporary regulations has helped to reduce traffic congestion.
    Furthermore, although the bridge has operated unofficially under 
the 1991 summer regulations, the NJDOT has received no complaints 
regarding the opening schedule.
    The NJDOT has requested changes in the regulation governing the 
Route 35 Bridge. The changes would require the bridge to open on 
signal, except that from May 15 through September 30, from 8 a.m. to 10 
p.m., on Saturdays, Sundays, and Federal holidays, the draw would only 
open on the hour and half hour. On Mondays to Thursdays from 4 p.m. to 
7 p.m. and on Fridays, except Federal holidays from 12 p.m. to 7 p.m., 
the draw would only open 15 minutes before the hour and 15 minutes 
after the hour. In addition, from 11 p.m. to 8 a.m. year-round, four 
hours notice would be required to open the draw.
    A review of NJDOT drawbridge logs for the Route 35 Bridge reveals a 
decrease in requests for bridge openings from 11 p.m. to 8 a.m. The 
yearly bridge logs for 1993, 1994, and 1995 during these hours, show 
that the bridge opened for vessels 243, 177, and 111 times, 
respectively. In light of these statistics, the Coast Guard anticipates 
that a four hour advance notice from 11 p.m. to 8 a.m. would not 
adversely affect vessel traffic flow.
    The NJDOT's request to extend the openings of the Route 35 Bridge 
on the hour and half hour from May 15 to September 30 on Saturdays, 
Sundays and Federal holidays from 9 a.m. to 10 p.m., and to schedule 
draw openings 15 minutes before and 15 minutes after the hour from 4 
p.m. to 7 p.m., Mondays through Thursdays and on Fridays from 12 noon 
to 7 p.m., except for Federal holidays, is the result of a substantial 
increase of vehicle traffic and a decrease of vessel traffic. NJDOT 
records show that from 1993 to 1995, from Memorial Day through Labor 
Day on Saturdays, Sundays and Federal holidays from 9 a.m. to 10 p.m., 
the Route 35 Bridge opened 670, 566, and 738 times, respectively; an 
average of 90 openings per week or approximately 13 openings per day. 
Opening an average of only 13 times per day, the bridge schedule helped 
to abate the vehicular traffic problem, and bridge closures caused only 
minor inconveniences to marine traffic. From Memorial Day through Labor 
Day during the same period, on Mondays to Thursdays from 4 p.m. to 7 
p.m. and on Fridays from 12 p.m. to 7

[[Page 38045]]

p.m., the bridge opened for vessels 212, 178, and 223 times, 
respectively. Although averaging only seven openings per week or 
approximately one opening per day, this schedule of bridge openings 
posed minimal inconvenience to marine traffic.

S37 Bridge

    Current regulations require the S37 Bridge across Barnegat Bay, at 
NJICW mile 14.1, located at Seaside Heights, New Jersey to open on 
signal except that, from 1 December through 31 March from 11 p.m. to 7 
a.m., the draw need not be opened; and from Memorial Day through Labor 
Day from 10 a.m. to 2 p.m., on Saturdays, Sundays, and Federal 
holidays, the draw need only be opened on the hour and half hour, 
except that it shall open at any time for the passage of vessels with 
tows.
    The NJDOT requested changes in the regulation that would allow the 
S37 bridge to open on signal except from Memorial Day to Labor Day, 8 
a.m. to 8 p.m., when the draw would only open on the hour and half 
hour. From 1 April to 30 November, from 11 p.m. to 8 a.m., year-round, 
four hours advance notice would be required.
    NJDOT records indicate that during 1993, 1994 and 1995, from 11 
p.m. to 8 a.m., the S37 Bridge opened for vessels 151, 67 and 82 times, 
respectively. Based on these statistics, which show a minimal demand 
for bridge openings year-round, the NJDOT is seeking relief from the 
burden of having bridge tenders continually present between the hours 
of 11 p.m. to 8 a.m. During 1993, 1994, and 1995 from Memorial Day to 
Labor Day, from 8 a.m. to 8 p.m., the S37 Bridge opened for vessels 
1333, 1204 and 1207 times, respectively. With an average of only 24 
openings per day or approximately two openings per hour, restricting 
openings to the hour and half hour from 8 a.m. to 8 p.m. is not 
expected to seriously disrupt marine traffic, and is expected to 
substantially decrease the disruption of vehicular traffic.

Route 30 Bridge

    The current regulation for the Route 30 Bridge across Beach 
Thorofare at NJICW mile 67.2, requires it to open on signal at all 
times. The requirement for drawbridges to open on signal is included in 
the general operating regulations at 33 CFR 117.5. The NJDOT has 
requested changes in the regulation to require the bridge to open on 
signal except from 11 p.m. to 7 a.m. year-round, and November 1 through 
March 31 from 3 p.m. to 11 p.m. when four hours advance notice would be 
required. The NJDOT is also seeking relief from the burden of ensuring 
that bridge tenders are continuously present during the above periods 
when openings are infrequent.
    A review of NJDOT bridge logs from 1992 to 1995 for the Route 30 
bridge revealed that from 11 p.m. to 7 a.m., year-round, between 5 and 
15 openings occurred, and from 3 p.m. to 11 p.m. from November 1 
through March 31, between 6 and 9 openings occurred each year. The 
Coast Guard believes that these statistics, which show extremely 
minimal use of the Route 30 bridge, support the NJDOT request to 
require a four hour advance notice for bridge openings. In addition, 
NJDOT proposes to eliminate 24 hour staffing of the bridge. Based on 
the minimal demand for bridge openings, the four hour notice 
requirement requested by the NJDOT appears reasonable.

US40-322 Bridge

    The current regulation for the US40-322 (Albany Avenue) Bridge 
across Inside Thorofare, at NJICW mile 70.0 in Atlantic City, New 
Jersey requires it to open on signal except that it permits the bridge 
to open only on the hour and half hour from June 1 through September 30 
between 9 a.m. and 4 p.m. and between 6 p.m. and 9 p.m. with no 
openings required from 4 p.m. to 6 p.m. The NJDOT has requested 
additional limitations on bridge openings that would require the bridge 
to open on signal except from 11 p.m. to 7 a.m. year-round, and 
November 1 through March 31 from 3 p.m. to 11 p.m. when four hours 
advance notice would be required.
    NJDOT bridge logs from 1992 to 1995, reveal that from 11 p.m. to 7 
a.m., year-round, between 20 and 52 openings occurred each year. From 3 
p.m. to 11 p.m., November 1 through March 31, between 11 and 26 
openings occurred each year. The NJDOT also seeks relief from the 
burden of ensuring that bridge tenders are continuously present during 
the above periods when the bridge tenders receive minimal requests for 
openings.

Route 52 Bridge

    The current regulations governing the Route 52 (Ninth Street) 
Bridge across Beach Thorofare, at NJICW mile 80.4 in Ocean City, New 
Jersey require it to open on signal except that from Memorial Day 
through Labor Day from 10 a.m. to 8 p.m. on Saturdays, Sundays, and 
Federal holidays, the draw must open only on the hour and half hour. 
Additionally, the draw shall open at all times as soon as possible for 
passage of public vessels of the United States, vessels towing other 
vessels and vessels in distress.
    The NJDOT has requested a change to the regulations governing the 
Route 52 (Ninth Street) Bridge to require it to open on signal except 
that from Memorial Day to Labor Day from 8 a.m. to 8 p.m., the draw 
would open on the hour and half hour. The NJDOT contends that because 
vessel traffic through the bridge has decreased, limiting openings to 
the hour and half hour to include the weekdays would enhance vehicular 
traffic without significantly affecting vessel traffic. A review of 
NJDOT logs shows that from 1993 to 1995 in May through September from 8 
a.m. to 8 p.m., the Route 52 Bridge opened for vessels 1894, 1738 and 
1669 times, respectively. With an average of only 34 openings per day 
or approximately three openings per hour, the infrequency of the 
openings caused only minor inconveniences to marine traffic. To ease 
traffic congestion, the NJDOT requested that the movement of marine 
traffic be regulated by extending the provisions for openings on the 
hour and half hour to include the weekdays between 8 a.m. and 8 p.m., 
from Memorial Day to Labor Day.

Discussion of Proposed Amendments

Route 35 Bridge

    The Coast Guard proposes to amend both the form and substance of 
Sec. 117.733 paragraph (b), which governs the Route 35 Bridge, NJICW 
mile 1.1. Current paragraph (b) would be subdivided into subparagraphs 
(1), (1)(i), (1)(ii), and (2). Subparagraph (1)(i) would state that 
from May 15 through September 30, on Saturdays, Sundays, and Federal 
holidays, from 9 a.m. to 10 p.m., the draw need only open on the hour 
and half hour. Subparagraph (1)(ii) would state that from 4 p.m. to 7 
p.m. on Mondays to Thursdays and 12 p.m. to 7 p.m. on Fridays, except 
Federal holidays, the draw need only open 15 minutes before and 15 
minutes after the hour. Subparagraph (2) would state that, year-round, 
from 11 p.m. to 8 a.m., the draw shall open upon four hours notice.

S37 Bridge

    The Coast Guard proposes to amend Sec. 117.733 paragraph (d), which 
governs the S37 Bridge, NJICW mile 14.1 by renumbering subparagraph (2) 
as (3) and inserting a new subparagraph (2) to require a four hour 
advance notice for openings, between the hours of 11 p.m. and 8 a.m. 
from April 1 through November 30. The newly renumbered subparagraph (3) 
would also be amended. The S37 Bridge openings from Memorial Day to 
Labor Day, which

[[Page 38046]]

are currently scheduled on the hour and half hour from 10 a.m. to 2 
p.m. Saturdays, Sundays, and Federal holidays, would be extended to 8 
a.m. to 8 p.m. each day of the week.

Route 30 Bridge

    The Coast Guard proposes to amend the regulations governing the 
Route 30 Bridge, NJICW mile 67.2, which currently opens on signal. The 
Coast Guard proposes to insert this new specific regulation at 33 CFR 
117.733(f). The regulation would permit the draw to open on four hour 
advance notice from 11 p.m. to 7 a.m., year-round, and from 3 p.m. to 
11 p.m. from November 1 through March 31. At all other times, the Route 
30 bridge would continue to open on signal.

US40-322 Bridge

    The Coast Guard proposes to amend the form and substance of 
Sec. 117.733(f) governing the US40-322 Bridge (Albany Avenue), NJICW 
mile 70.0, by redesignating it as paragraph (g). Current paragraph (f) 
would also be subdivided into subparagraphs (1), (2)(i), and (2)(ii). 
Subparagraph (1) would require the draw to open year-round from 11 p.m. 
to 7 a.m. and November 1 through March 31 from 3 p.m. to 11 p.m., if a 
four hour advance notice is given. Subparagraph (2)(i) would state that 
from June 1 through September 30, from 9 a.m. to 4 p.m. and from 6 p.m. 
to 9 p.m., the draw need only open on the hour and half hour. 
Subparagraph (2)(ii) would state that from June 1 through September 30, 
from 4 p.m. to 6 p.m., the draw need not be opened.

Route 52 Bridge

    The Coast Guard proposes to redesignate Part 117.733 paragraph (h) 
and paragraph (i), which was inadvertently omitted from the current 
regulation, and proposes to amend the same paragraph to require the 
Route 52 (Ninth Street) Bridge, NJICW mile 80.4, to open on signal 
except from Memorial Day to Labor Day from 8 a.m. to 8 p.m., when 
openings would occur on the hour and half hour.

General Proposals

    The surplus language of 33 CFR 117.733(a)(1) would be removed to be 
consistent with the general operating regulations under 33 CFR 117.5. 
That provision already requires drawbridges to open promptly and fully 
for the passage of vessels when a request to open is given. This 
requirement is applied to all drawbridges across the New Jersey 
Intracoastal Waterway and does not need to be restated in each specific 
regulation. Additional text modifications would be made as appropriate, 
to eliminate surplus regulatory text already stated in the general 
operating regulations.
    The Coast Guard intends to amend current paragraphs (b), (c), (d), 
and (h) to delete the phrase stating that public vessels, vessels in 
distress, or vessels in tow may pass without delay. This requirement is 
currently published in 33 CFR 117.31 and is no longer required to be 
published in each specific bridge regulation.
    The Coast Guard also plans to insert 33 CFR 117.733(i), a section 
that was inadvertently omitted from the regulation. The current 
regulations contain paragraphs (a)-(h) and (j). Paragraph (i) does not 
exist. Paragraph (i) should have included the specific regulation 
governing the Stone Harbor Boulevard Bridge across Great Channel, at 
mile 102.0. That section, governing the Stone Harbor Boulevard Bridge 
would be reinserted, but would be redesignated as paragraph (j). 
Paragraph (i) would be added, but it would govern the Route 52 Bridge.
    The Coast Guard intends to remove the current regulation in 33 CFR 
117.733 paragraph (j) by codifying this paragraph as 33 CFR 117.720. 
This bridge, referred to in paragraph (j) as the Cape May County Bridge 
Commission Bridge, at mile 104.0 between Stone Harbor and Nummy Island 
does not span the NJICW, but rather spans Great Channel, at mile 0.7, a 
tributary to the NJICW. It had been incorrectly placed in 33 CFR 
117.733 as a NJICW bridge. The operating schedule of this bridge would 
not be affected by this change.
    Finally, the Coast Guard proposes to revise 33 CFR 117.733 by 
redesignating current paragraph (g) which governs the Dorset Avenue 
Bridge across Inside Thoroughfare, mile 71.2. That paragraph would be 
redesignated (h). No modifications to that regulation are proposed.

Regulatory Evaluation

    The proposed 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. The Coast Guard reached this 
conclusion based on the fact that the changes and actions proposed by 
this rule would not prevent mariners from transiting the bridges. The 
rule would merely require mariners to plan to be in position to take 
advantage of scheduled bridge openings and to timely contact bridge 
tenders controlling bridges that require advance notification.

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 proposed rule, 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 rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposed rule 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:

[[Page 38047]]

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 117.733 is revised to read as follows:


Sec. 117.733  New Jersey Intracoastal Waterway.

    (a) The following requirement applies to all bridges listed in this 
section: 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 Sec. 118.160 of this chapter.
    (b) The draw of the Route 35 Bridge, mile 1.1 across Manasquan 
River at Brielle, shall open on signal except as follows:
    (1) From May 15 through September 30:
    (i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10 
p.m., the draw need only open on the hour and half hour.
    (ii) On Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, 
except Federal holidays from 12 p.m. to 7 p.m., the draw need only open 
15 minutes before the hour and 15 minutes after the hour.
    (2) Year-round from 11 p.m. to 8 a.m., the draw shall open on 
signal upon four hours notice.
    (c) The draw of the County Route 528 Bridge, mile 6.3 across 
Barnegat Bay at Mantoloking, shall open on signal; except that from 
Memorial Day through Labor Day on Saturdays, Sundays and Federal 
holidays from 9 a.m. to 6 p.m., the draw need only open on the hour, 
twenty minutes after the hour, and forty minutes after the hour.
    (d) The draw of the S37 Bridge across Barnegat Bay, mile 14.1 at 
Seaside Heights, shall open on signal except as follows:
    (1) From December 1 through March 31 from 11 p.m. to 8 a.m., the 
draw need not be opened.
    (2) From April 1 through November 30 from 11 p.m. to 8 a.m., the 
draw shall open on signal upon four hours notice.
    (3) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., the 
draw need only open on the hour and half hour.
    (e) The draw of the AMTRAK New Jersey Transit Rail Operations 
(NJTRO) automated railroad swing bridge across Beach Thorofare, mile 
68.9 at Atlantic City shall operate as follows:
    (1) Open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m., 
the draw shall open on signal from 20 minutes to 30 minutes after each 
hour and remain open for all awaiting vessels.
    (2) Opening of the draw span may be delayed for ten minutes except 
as provided in Sec. 117.31(b). However, if a train is moving toward the 
bridge and has crossed the home signal for the bridge before the signal 
requesting opening of the bridge is given, that train may continue 
across the bridge and must clear the bridge interlocks before stopping.
    (3) When the bridge is not tended locally and/or is operated from a 
remote location, sufficient closed circuit TV cameras shall be operated 
and maintained at the bridge site to enable the remotely located 
bridge/train controller to have full view of both river traffic and the 
bridge.
    (4) Radiotelephone Channel 13 (156.65 MHz) VHF-FM, shall be 
maintained and utilized to facilitate communication in both remote and 
local control locations. The bridge shall also be equipped with 
directional microphones and horns to receive and deliver signals to 
vessels within a mile that are not equipped with radiotelephones.
    (5) Whenever the remote control system equipment is partially 
disabled or fails for any reason, the bridge shall be physically tended 
and operated by local control. Personnel shall be dispatched to arrive 
at the bridge as soon as possible, but not more than one hour after 
malfunction or disability of the remote system. Mechanical bypass and 
override capability for remote operation shall be provided and 
maintained.
    (6) When the draw is opening and closing, or is closed, yellow 
flashing lights located on the ends of the center piers shall be 
displayed continuously until the bridge is returned to the fully open 
position.
    (f) The draw of the Route 30 Bridge across Beach Thorofare, mile 
67.2 at Atlantic City, shall open on signal except that, year-round 
from 11 p.m. to 7 a.m. and, from November 1 through March 31 from 3 
p.m. to 11 p.m., the draw need only open if at least four hours notice 
is given.
    (g) The draw of the US40-322 (Albany Avenue) Bridge, mile 70.0 
across Inside Thorofare, at Atlantic City, shall open on signal except 
that:
    (1) Year-round, from 11 p.m. to 7 a.m.; and from November 1 through 
March 31 from 3 p.m. to 11 p.m., the draw need only open if at least 
four hours notice is given:
    (2) From June 1 through September 30:
    (i) From 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m. the draw need 
only open on the hour and half hour; and
    (ii) From 4 p.m. to 6 p.m. the draw need not open.
    (h) The draw of the Dorest Avenue Bridge across Inside Thorofare, 
mile 71.2 at Ventnor City, shall open on signal except that from June 1 
through September 30, from 9:15 a.m. to 9:15 p.m., the draw need only 
open at 15 and 45 minutes after the hour.
    (i) The draw of the Route 52 (Ninth Street) Bridge, mile 80.4 
across Beach Thorofare, at Ocean City, shall open on signal except that 
from Memorial Day through Labor Day from 8 a.m. to 8 p.m., the draw 
need only open on the hour and half hour.
    (j) The draw of the Stone Harbor Boulevard Bridge, mile 102.0 
across Great Channel, at Stone Harbor, shall open on signal except 
that:
    (1) From October 1 through March 31 from 10 p.m. to 6 a.m. the draw 
need only open if at least eight hours notice is given.
    (2) From Memorial Day through Labor Day from 6 a.m. to 6 p.m. on 
Saturdays, Sundays and Federal holidays, the draw need open only for 
waiting vessels on the hour, 20 minutes after the hour, and 20 minutes 
before the hour.
    3. Section 117.720 is added to read as follows:


Sec. 117.720  Great Channel

    The draw of the Cape May County Bridge Commission bridge, mile 0.7, 
between Stone Harbor and Nummy Island, shall open on signal except 
that:
    (a) From May 15 through October 15 from 10 p.m. to 6 a.m. if at 
least four hours advance notice is given.
    (b) From October 16 through May 14 if at least 24 hours advance 
notice is given.

    Dated: June 27, 1997.
J. Carmichael,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 97-18672 Filed 7-15-97; 8:45 am]
BILLING CODE 4910-14-M