[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Rules and Regulations]
[Pages 54353-54354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27246]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[Docket No. CGD05-98-083]
RIN 2115-AE47


Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway; Grassy Sound Channel

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily changing the regulations that 
govern the operation of the Route 47 (George A. Reading) bridge across 
Grassy Sound Channel, at Intracoastal Waterway (CW) mile 108.9 in 
Wildwood, New Jersey by requiring two-hours advance notice for bridge 
openings 24 hours a day beginning at 7 a.m. on October 19, 1998, 
through 5 p.m. on May 14, 1999. The bridge will be unattended during 
these time periods and requests for opening will require calling (609) 
352-5362. This action is intended to allow the contractor to facilitate 
sandblasting and painting operations.

DATES: This regulation is effective from 7 a.m. on October 19, 1998 to 
5 p.m. on May 14, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Commander (Aowb), Fifth 
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

[[Page 54354]]

Federal holidays. The telephone number is (757) 398-6222.

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

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days from the date 
of publication. Publication of a notice of proposed rulemaking and 
delay of effective date would be contrary to the public interest 
because immediate action is necessary to facilitate the sandblasting 
and painting operations during the non-peak boating period.

Discussion of Regulation

    The current regulation in Title 33 Code of Federal Regulations, 
Section 117.5, requires the draw to open on signal year-round. A 
contractor for New Jersey Department of Transportation (NJDOT) 
requested the Coast Guard to approve a temporary regulation from the 
normal operation of the bridge by requiring two hours advance notice to 
open the bridge during the requested time periods in order to 
accommodate sandblasting and painting of the structure. Due to an 
extensive containment unit involved with sandblasting and the 
subsequent painting of the steel, it will take at least a half hour to 
make the bridge available to be opened and then another half hour to 
begin work again.
    DOT drawbridge logs indicate that from October 1996 through May 
1997, the Route 47 (George A. Reading) bridge opened for vessels 657 
times with an average of 82 openings per month or approximately three 
openings per day. The temporary regulation will not significantly 
disrupt vessel traffic since mariners may still transit the bridge 
provided the two-hour notice is given.

Regulatory Evaluation

    This 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. 
Due to the small number of requests for openings and the ability of 
vessels requesting openings to transit through the bridge provided the 
two-hour advance notice is given, the impact on routine navigation is 
expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this temporary 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).
    Based on the limited requests for vessel openings and the ability 
of vessels to transit by requiring two-hours advance notice for bridge 
openings, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This 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 rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under Figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. Operating regulations for drawbridges are 
excluded under that authority. 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 Part 117 as follows:

PART 117--[AMENDED]

    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. Effective October 19, 1998, through May 14, 1999, Section 
117.733 is amended by adding paragraph (k) to read as follows:


Sec. 117.733  New Jersey Intracoastal Waterway.

* * * * *
    (k) The draw of the Route 47 (George A. Reading) bridge across 
Grassy Sound Channel, mile 108.9 at Wildwood need not open from 7 a.m. 
on October 19, 1998 to 5 p.m. on May 14, 1999 unless two hours advance 
notice is given by phoning (609) 352-5362.

    Dated: September 29, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-27246 Filed 10-8-98; 8:45 am]
BILLING CODE 4910-15-M