[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Proposed Rules]
[Pages 17781-17782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9517]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-015]
RIN 2115-AE47


Drawbridge Operation Regulations; Grassy Sound Channel, Middle 
Township, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the drawbridge across Grassy Sound Channel, mile 1.0, 
in Middle Township, New Jersey, by requiring two-hours advance notice 
for bridge openings from October 1 to May 14, and from 8 p.m. to 6 a.m. 
each day from May 15 to September 30. The bridge would be unattended 
during these time periods and requests for openings would require 
calling (609) 368-4591. This proposed rule is intended to help lessen 
the high cost of manning the drawbridge 24 hours a day while still 
providing for the reasonable needs of navigation.

DATES: Comments must be received on or before June 9, 1998.

ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast 
Guard District, 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 a part of this docket and will be available for inspection and 
copying at the above address.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(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 (CGD05-98-015), 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 Commander (Aowb), Fifth Coast Guard 
District, at 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.

Background and Purpose

    The Ocean Drive drawbridge across the Grassy Sound Channel, mile 
1.0, in Middle Township is currently required to open on signal year-
round. The Cape May County Bridge Commission, through the Cape May 
County Department of Public Works, has requested permission to cease 
having the bridge attended 24-hours per day year-round. This proposed 
rule is intended to decrease the number of hours the bridge is attended 
in order to help lessen the high cost of perpetually manning the 
drawbridge while still

[[Page 17782]]

providing for the reasonable needs of navigation. In support of its 
request, Cape May County asserts that 8 years of drawbridge opening 
logs (from 1990 through 1997) show that marine vessel traffic 
significantly decreased at night and during the winter (Oct. 1 through 
May 14).
    The Coast Guard has reviewed these logs (copies of which are 
included in the docket for this rulemaking) and they appear to support 
Cape May County's request. According to the January 1990 to June 1997 
drawbridge logs, 680 openings occurred, of which 177 were for 
construction vessels and 503 for private vessels.
    Of the 503 private vessel openings, the average for the 8 year 
period was 0.183 openings per day; only 16 of the 503 openings for 
private vessels occurred at night between 8 p.m. and 6 a.m. with an 
average opening rate of 0.005 per day for the 8-year period. Only 74 of 
the 503 private vessel bridge openings occurred from October 1 to May 
14 with an average rate of 0.043 openings per day for the winter, as 
compared with the higher rate of 0.430 openings per day during the 
summer (May 15 to September 30). The majority of openings for 
construction vessels occurred during 1991 and 1992, in the daytime. Due 
to this circumstance and the infrequency of construction vessel bridge 
openings from 1990-97, and 177 construction vessel openings are not 
included in this analysis.
    The winter and night bridge opening rates, when compared to summer 
and daytime averages, indicate that it would be advantageous to change 
the drawbridge operating regulations. Based on this data, the Coast 
Guard believes that requiring two-hours notice for openings, during the 
proposed time periods (night and winter) would not overburden marine 
traffic.

Discussion of Proposed Rule

    The Coast Guard is proposing a new regulation governing the 
operation of this drawbridge. The proposed rule would require two-hours 
advance notice for openings from October 1 through May 14, and from 8 
p.m. to 6 a.m. each day from May 15 through September 30. The bridge 
would be unattended during these time periods and requests for openings 
would require calling (609) 368-4591. The Coast Guard believes that 
these proposed changes will lessen the high cost of the drawbridge's 
operation while still providing for the reasonable needs of navigation.
    The drawbridge is required to operate in compliance with 33 CFR 
117.31(b), Operation of draw for emergency situations, and 33 CFR 
117.55, Posting of requirements.
    The new regulation would be designated Sec. 117.721 in Title 33 of 
the Code of Federal Regulations.

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 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 proposed rule 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. 601-612), the Coast 
Guard must consider whether this proposed 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 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 proposed rule 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 Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this proposal under 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 
proposal and concluded that under section 2.B.2.a. Figure 2-1(32)(e) of 
Commandant Instruction M16475.1C (dated 14 November 1997), this 
proposed rule 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 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. A new Sec. 117.721 is added to read as follows:


Sec. 117.721  Grassy Sound Channel.

    The draw of the Grassy Sound Channel Bridge, mile 1.0 in Middle 
Township, will open on signal from 6 a.m. to 8 p.m. from May 15 through 
September 30; two-hours advance notice is required for all other 
openings by phoning (609) 368-4591.

    Dated: March 27, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-9517 Filed 4-9-98; 8:45 am]
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