[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)] [Rules and Regulations] [Pages 62113-62114] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-29833] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is changing the drawbridge operation regulations governing the Harold J. Dillard (Court Street) Bridge, at mile 16.2, at Hackensack, across the Hackensack River, the Avondale Bridge, at mile 10.7, at Lyndhurst, across the Passaic River, and the Douglas O. Mead (Union Avenue) Bridge, at mile 13.2, at Rutherford, across the Passaic River, in New Jersey. The bridge owner 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 final rule is expected to relieve the bridge owner of the burden of crewing the bridges at all times and still meet the needs of navigation. DATES: This final rule is effective December 16, 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, Massachusetts 02110, 7 a.m. to 3 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 August 13, 1999, the Coast Guard published a notice of proposed rulemaking entitled Drawbridge Operation Regulations; Hackensack River and Passaic River, New Jersey, in the Federal Register (64 FR 44148). The Coast Guard received no comments in response to the notice of proposed rulemaking. No public hearing was requested and none was held. 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 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 117.739(l) 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 bridge 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 Comments and Changes The Coast Guard received no comments in response to the notice of proposed rulemaking and 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 [[Page 62114]] 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. This conclusion is based on the fact that these bridges have had few requests to open since 1994. Mariners will still be able transit the waterway provided they give a four-hour notice. 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. Therefore, for reasons discussed in the Regulatory Evaluation section above, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 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 13132 and has determined that this final rule does not have federalism implications under that Order. Environment The Coast Guard considered the environmental impact of this final rule and concluded that, under Section 2.B.2., 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 to not 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: 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 Passaic 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: October 28, 1999. Robert F. Duncan, Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District. [FR Doc. 99-29833 Filed 11-15-99; 8:45 am] BILLING CODE 4910-15-U