[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Rules and Regulations]
[Pages 4787-4788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2346]



[[Page 4787]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-134]
RIN 2115-AE47


Drawbridge Operation Regulations; Passaic River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating rules for the I-280 
Bridge (Stickel Memorial), mile 5.8, over the Passaic River at 
Harrison, New Jersey, to permit the draw to open on signal after a 
twenty four hour advance notice is given due to the infrequency of 
requests to open the draw by vessels. It is expected that this final 
rule will relive the bridge owner of the responsibility to have a 
drawtender present and still provide for the needs of navigation.

DATES: This final rule is effective March 3, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, 408 
Atlantic Avenue, Boston, Ma. 02110-3350, between 7 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(617) 223-8364.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On May 18, 1998, the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulations Passaic River, New 
Jersey, in the Federal Register (63 FR 27240). The Coast Guard did not 
receive any comments in response to the notice of proposed rulemaking. 
No public hearing was request, and none was held.
    On October 29, 1998, the Coast Guard published a supplemental 
notice of proposed rulemaking entitled Drawbridge Operation Regulations 
Passaic River, New Jersey, in the Federal Register (63 FR 57963). The 
Coast Guard did not receive any comments in response to the 
supplemental notice of proposed rulemaking. No public hearing was 
requested, and none was held.

Background

    The Route 280 Bridge, mile 5.8, at Harrison, New Jersey, has a 
vertical clearance of 35 feet at mean high water and 40 feet at mean 
low water.
    The current operating regulations in 33 CFR 117.739(h) require the 
bridge to open on signal if at least eight (8) hours advance notice is 
given. There have been only 8 requests to open this bridge since 1987. 
The bridge owner, the New Jersey Department of Transportation (NJDOT), 
has requested relief from being required to crew the bridge since there 
have been so few requests to open the bridge. The general operating 
regulations for bridges require that the bridge owner maintain the draw 
in good serviceable condition.
    The Coast Guard originally published a notice of proposed 
rulemaking to allow the bridge to need not be opened for vessel 
traffic. The Coast Guard, after further consideration, decided to 
change the rule in the notice of proposed rulemaking to a twenty four 
hour advance notice for bridge openings in place of the need not open 
requirement originally proposed. This change was made because the Coast 
Guard believes that since the bridge owner must maintain the draw in 
operable condition that the draw should still open for vessels is a 
request is given. The Coast guard believes that a twenty four hour 
advance notice requirement is a reasonable amount of time for the 
bridge owner to have personnel at the bridge for an opening. A 
supplemental notice of proposed rulemaking was then published with a 
twenty four hour advance notice requirement for all bridge openings.
    This final rule is being published with no changes from the 
supplemental notice of proposed rulemaking.

Discussion of Comments and Changes

    No comments were received in response to the notice of proposed 
rulemaking and no comments were received in response to the 
supplemental notice of proposed rulemaking. A public hearing was not 
requested and none was held. No changes have been made to this final 
rule.

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 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; Feb. 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. This conclusion is based on the fact that there have been 
only 8 requests to open this bridge in the last ten years.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this final rule 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. For the reasons discussed in the Regulatory Evaluation section 
above, the Coast Guard certifies under 5 U.S.C. 605(b) of the 
Regulatory Flexibility Act that this final rule will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This final 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 final rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this final rule does not have sufficient implications 
for federalism 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 
Commandant Instruction M16475.1C, this final 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 written ``Categorical 
Exclusion Determination'' is not required for this final rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

[[Page 4788]]

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. In Sec. 117.739, redesignate paragraphs (j) and (k) as 
paragraphs (k) and (j); revise newly redesignated paragraph (k) by 
removing the number ``6.9'' and adding, in its place, the number 
``8.9''; and revise paragraph (h) to read as follows:


Sec. 117.739  Passaic River.

* * * * *
    (h) The Route 280 Bridge, mile 5.8, at Harrison, New Jersey, shall 
open on signal if at least 24 hours notice is given by calling the 
number posted at the bridge.
* * * * *
    Dated: January 20, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-2346 Filed 1-29-99; 8:45 am]
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