[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Proposed Rules]
[Pages 44148-44149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20956]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-076]
RIN 2115-AE47


Drawbridge Operation Regulations; Hackensack River, 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 regulations 
governing the Harold J. Dillard (Court Street) Bridge, at mile 16.2, at 
Hackensack, across the Hackensack River, the Avondale Bridge, mile 
10.7, at Lyndhurst, across the Passaic River, and the Douglas O. Mead 
(Union Avenue) Bridge, mile 13.2, at Rutherford, across the Passaic 
River, in New Jersey. The brige owner has asked the Coast Guard to 
change the regulations for these bridges to require a four-hour advance 
notice for openings at all times because there have been few requests 
to open these bridges since 1994. This rulemaking is expected to 
relieve the bridge owner of the burden of crewing the bridges at all 
times while meeting the reasonable needs of navigation.

DATES: Comments must reach the Coast Guard on or before October 12, 
1999.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, 408 Atlantic Avenue, Boston, MA. 02110-3350, or deliver them 
at 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 
First Coast Guard District Bridge Branch 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 7 a.m. to 3 p.m. Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 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 comments should include their names and addresses, 
identify this rulemaking (CGD01-99-076) and the specific section of 
this document to which each comment applies, and give the reason 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 proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the address under ADDRESSES. The request 
should include the 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

    The Harold J. Dillard (Court Street) Bridge, mile 16.2, across the 
Hackensack River in Hackensack, New Jersey, has a vertical clearance of 
3 feet at mean high water and 8 feet at mean low water. The Douglas O. 
Mead (Union Avenue) Bridge, mile 13.2, across the Passaic River, in 
Rutherford, New Jersey, has a vertical clearance of 13 feet at mean 
high water and 18 feet at mean low water. The Avondale Bridge, mile 
10.7, across the Passaic River in Lyndhurst, New Jersey, has a vertical 
clearance of 7 feet at mean high water and 12 feet at mean low water.
    The existing operating regulations for the Harold J. Dillard (Court 
Street) Bridge listed at Sec. 117.723(g) require the

[[Page 44149]]

bridge to open on signal from 7 a.m. to 11 p.m. From 11 p.m. to 7 a.m., 
and at all times on weekends and Federal holidays, the draw shall open 
on signal if at least eight hours notice is given. The existing 
operating regulations for the Douglas O. Mead (Union Avenue) Bridge 
listed at Sec. 117.739(o) require the bridge to open on signal; except 
that, from 4 p.m. to 8 a.m., the draw shall open if at least eight 
hours notice is given. The existing operating regulations for the 
Avondale Bridge listed at Sec. 117.739(1) require the bridge to open on 
signal; except that, notice must be given before 2:30 a.m. for openings 
between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for openings between 
4:30 p.m. and 7 p.m.
    The bridge owner, the County of Bergen, has asked the Coast Guard 
to change the regulations for these bridges to require a four-hour 
advance notice for openings at all times.
    The bridges' log data indicates that the Harold J. Dillard (Court 
Street) Bridge and Douglas O. Mead (Union Avenue) Bridge have not 
received a request to open since 1994. The Avondale Bridge had 8 
openings in 1996, 4 openings in 1997, 2 openings in 1998, and no 
openings thus far in 1999.

Discussion of Proposal

    The Coast Guard proposes to revise the operating rules governing 
the Harold J. Dillard (Court Street) Bridge, listed at 33 CFR 
117.723(g), for the Hackensack River and the operating rules for the 
Avondale and Douglas O. Mead (Union Avenue) bridges listed at 33 CFR 
117.739 (l) and (o), respectively, for the Passaic River. This proposal 
will require all three bridges to open on signal at all times if at 
least four-hours notice is given. The advance notice requirements shall 
be posted at the bridges in accordance with 33 CFR 117.55(c) of this 
chapter. This proposal will relieve the bridge owner of the requirement 
to have personnel crew the bridges and still meet the needs of 
navigation.
    The Coast Guard believes this proposal is reasonable based upon the 
low number of opening requests received since 1994.

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; Feb. 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 these bridges have had few requests to open since 1994. Mariners 
will continue to obtain bridge openings provided they give four-hour 
notice.

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 of less than 50,000. Therefore, the Coast Guard certifies 
under section 5 U.S.C. 605(b), for the reasons discussed in the 
Regulatory Evaluation section above, 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 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 Education 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 rules 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 
proposed rule and concluded that, under Section 2.B.2., Figure 2-1, 
paragraph (32)(e), of Commandant Instruction M16475.1C, this proposed 
rule is categorically excluded from further environmental documentation 
because promulgation of drawbridge regulations has been found not to 
have a significant effect on the environment. A written ``Categorical 
Exclusion Determination'' is not required for this proposed rule.

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

    2. Section 117.723(g) is revised to read as follows:


Sec. 117.723  Hackensack River

* * * * *
    (g) The draw of the Harold J. Dillard Memorial (Court Street) 
Bridge, mile 16.2, at Hackensack, shall open on signal if at least four 
hours notice is given.
* * * * *
    3. Section 117.39(l) and (o) are revised to read as follows:


Sec. 117.739  Passiac River

* * * * *
    (l) The draw of the Avondale Bridge, mile 10.7, at Lyndhurst, shall 
open on signal if at least four hours notice is given.
* * * * *
    (o) The draw of the Douglas O. Mead, (Union Avenue) Bridge, mile 
13.2, shall open on signal if at least four hours notice is given.
* * * * *
    Dated: July 29, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc 99-20956 Filed 8-12-99; 8:45 am]
BILLING CODE 4910-15-M