[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Proposed Rules]
[Pages 7357-7359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3627]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-020]
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 proposes to change the operating rules for 
five bridges over the Passic River in New Jersey: the Jackson Street 
Bridge, at mile 4.6, the Bridge Street Bridge, at mile 5.6, the Clay 
Street Bridge, at mile 6.0, the New Jersey Transit Rail Operations 
(NJTRO) Bridge, at mile 11.7, and the Route 3 Bridge, at mile 11.8.
    Essex and Hudson counties in New Jersey who jointly own the Jackson 
Street, Bridge Street and Clay Street bridges have requested that their 
bridges open on signal after a four hour notice is given. The New 
Jersey Transit Rail Operations (NJTRO) and New Jersey Department of 
Transportation (NJDOT) who own the NJTRO Bridge and the Route 3 Bridge, 
both over the Passaic River, have requested that their bridges open on 
signal after a six month notice is given.
    This proposal will relieve the bridge owners of the burden of 
constantly having personnel available to open the bridges and should 
continue to provide for the needs of navigation.

DATES: Comments must reach the Coast Guard on or before April 14, 1998.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, 408 Atlantic Avenue, Boston, Ma. 02110-3350, or deliver them 
to the same address between 7 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (617) 223-8364. The 
District Commander maintains the public docket for this rulemaking. 
Comments and documents as indicated in this preamble will become part 
of this docket and will be available for inspection or copying at the 
above address during business hours.

FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting

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comments should include their names and addresses, identify this 
rulemaking (CGD1-97-020) and specific section of this proposal to which 
their comments apply, and give reasons for each comment. Please submit 
two copies of all comments and attachments in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. 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 response to comments 
received. The Coast Guard does not plan to hold a public hearing; 
however, persons may request a public hearing by writing to the Coast 
Guard at the address listed under ADDRESSES in this document. The 
request should include the reasons why a hearing would be beneficial. 
If it is determined that the opportunity for oral presentations will 
aid this matter, the Coast Guard will hold a public hearing at a time 
and place announced by a subsequent notice published in the Federal 
Register .

Background

    The clearances at mean high water (MHW) and mean low water (MLW) 
for the five bridges affected by this proposed rule change are as 
follows: Jackson Street 15' MHW & 20' MLW, Bridge Street 7' MHW & 12' 
MLW, Clay Street 8' MHW & 13' MLW, NJTRO 26' MHW & 31' MLW and Route 3 
35' MHW & 40' MLW.
    The Jackson Street, Bridge Street and Clay Street bridges presently 
open on signal, except that, notice must be given before 2:30 a.m. for 
openings between 4:30 p.m. and 7 p.m. This proposed change to the 
operating regulations would require the bridges to open on signal after 
four hours notice is given.
    The NJTRO Bridge presently opens on signal from 8 a.m. to 4 p.m., 
if at least six hours notice is given. From 4 p.m. to 8 a.m., the draw 
need not be opened. the Route 3 Bridge presently opens on signal, if at 
least six hours notice is given. New Jersey Transit Rail Operations 
records indicate there has not been a request to open the NJTRO Bridge 
since December, 1991. The New Jersey Department of Transportation 
records indicate there have been only ten bridge openings during the 
last ten years for the Route 3 Bridge. All ten openings were test 
openings.

Discusison of Proposal

    This proposal to require a six month notice for bridge openings for 
the NJTRO and Route 3 bridges is warranted based upon their opening 
records. This proposed change to the operating regulations will require 
the NJTRO and Route 3 bridges to open on signal if six months notice is 
given.
    The Coast Guard received requests to change the operating 
regulations on the Jackson Street, Bridge Street and Clay Street 
bridges from Essex and Hudson counties to require the bridges to open 
on signal if four hours notice is given. Additionally, the Coast Guard 
received requests to change the operating regulations for the NJTRO and 
Route 3 bridges from New Jersey Transit Rail Operations and New Jersey 
Department of Transportation to require the bridges to open on signal 
if a six month notice is given. These changes have been requested for 
these five bridges because there have been so few requests to open 
these bridges that the requested changes in the operating regulations 
is expected to relieve the bridge owners of the burden of crewing the 
bridges at times and still meet the present needs of navigation.

Regulatory Evaluation

    This 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 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 proposed 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 bridges must operate in accordance with the needs of navigation 
while providing for the reasonable needs of land transportation. This 
rule adopts the operating hours which the Coast Guard believes to be 
appropriate based on the results of past experience with the roving 
drawtender crew operation and public comments. The Coast Guard believes 
this rule achieves the requirement of balancing the navigational rights 
of recreational boaters and the needs of land based transportation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations less than 50,000. Therefore, for the reasons discussed in 
the Regulatory Evaluation section above, 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. If, however, you think that your business or organization 
qualifies as a small entity and that this proposed 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 proposed rule will economically 
affect it.

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under section 2.B.2.e.(34) of 
Commandant Instruction M16475.1B, this rule is categorically excluded 
from further environmental documentation because promulgation of 
changes to drawbridge regulations have been found not to have a 
significant effect on the environment. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

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

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under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. In section 117.739 revise paragraphs (d), (f), (i), (m), and (n) 
to read as follows:


Sec. 117.739  Passaic River.

* * * * *
    (d) The draw of the Jackson Street Bridge, mile 4.6, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
* * * * *
    (f) The draw of the Bridge Street Bridge, mile 5.6, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
* * * * *
    (i) The draw of the Clay Street Bridge, mile 6.0, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
* * * * *
    (m) The draw of the NJTRO Bridge, mile 11.7, shall open on signal 
if at least six months notice is given by calling the number posted at 
the bridge.
    (n) The draw of the Route 3 Bridge, mile 11.8, shall open on signal 
if at least six months notice is given by calling the number posted at 
the bridge.
* * * * *
    Dated: January 9, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-3627 Filed 2-12-98; 8:45 am]
BILLING CODE 4910-14-M