[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Rules and Regulations]
[Pages 43322-43324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21799]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 will be

[[Page 43323]]

unattended during these time periods and requests for openings shall 
require calling (609) 368-4591. This rule will help lessen the high 
cost of manning the drawbridge 24 hours a day while still providing for 
the reasonable needs of navigation.

DATES: This final rule is effective on September 14, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Commander (Aowb), Fifth 
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (757) 
398-6222.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 10, 1998, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Grassy 
Sound Channel, Middle Township, NJ'' in the Federal Register (63 FR 
17781). The Coast Guard did not receive any comments on the proposed 
rulemaking. No public hearing was requested and none was held.

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, requested permission to cease having 
the bridge attended 24-hours per day year-round. 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).
    Prior to publishing the Notice of Proposed Rulemaking the Coast 
Guard reviewed the 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 night 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, the 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 is advantageous to change the 
drawbridge operating regulations. Based on this data, the Coast Guard 
believes that requiring two-hours notice for openings, during these 
time periods (night and winter) will help to lessen the high cost of 
continually manning the bridge, but will not overburden marine traffic. 
Therefore, the Coast Guard is amending 33 CFR 117 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.

Discussion of Comments and Changes

    The Coast Guard received no comments on the proposed rulemaking. 
Therefore, the final rule is being implemented without change.

Regulatory Evaluation

    This final 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 final 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 final rule will not prevent 
mariners from transiting the bridge, but merely require them to give 
two-hours advance notice for openings during the restricted periods.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this final 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 final rule to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This final rule contains no collection of information requirement 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612, and has determined 
that this final 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 final 
rule and concluded that under figure 2-1, paragraph (32)(e) of 
COMDTINST M16475.1C, this final rule is categorically excluded from 
further environmental documentation based on the fact that it is a 
promulgation of the operating regulations for a drawbridge. A 
Categorical Exclusion Determination statement has been prepared and 
placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR 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. 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

[[Page 43324]]

September 30; two-hours advance notice is required for all other 
openings by phoning (609) 368-4591.

    Dated: August 5, 1998.
T.B. Doherty,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 98-21799 Filed 8-12-98; 8:45 am]
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