[Federal Register Volume 66, Number 62 (Friday, March 30, 2001)]
[Proposed Rules]
[Pages 17377-17379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7947]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-01-007]
RIN 2115-AE47


Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway, Cape May Canal

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a change to the regulations governing 
the operation of the Cape May Canal Railroad Bridge at the New Jersey 
Intracoastal Waterway (ICW), mile 115.1, across Cape May Canal, in Cape 
May, New Jersey. This proposal would maintain the bridge in the open 
position, except that it would close for the crossing of trains and the 
maintenance of the bridge. The proposed change will provide for the 
reasonable needs of navigation.

DATES: Comments must reach the Coast Guard on or before May 29, 2001.

ADDRESSES: You may mail comments and related material to the Commander 
(Aowb), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand-
delivered to the same address between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. Commander (Aowb), Fifth Coast 
Guard District maintains the public docket for this rulemaking. 
Comments and documents received from the public, as well as documents 
indicated in this preamble as being available in this docket, will 
become part of this docket and will be available for inspection and 
copying at the above address.

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

[[Page 17378]]


SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
related material. If you do so, please include your name and address, 
identify this rulemaking (CGD05-01-007), indicate the specific section 
of this document to which each comment applies, and give the reason for 
each comment. Please submit all comments and related material in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying. If you would like to know it reached us, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period. We may change 
this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public hearing. But you may submit a 
request for a meeting by writing to Commander (Aowb), Fifth Coast Guard 
District at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Cape May Canal Railroad Bridge is a swing bridge owned by New 
Jersey Transit Rail Operations (NJTRO). Under an agreement with NJTRO 
and Cape May Seashore Lines, Inc. (CMSL), CMSL is responsible for the 
reactivation of the rail service, maintenance of the accessories of the 
bridge and its operation of the swing span. From 1983 until June 1999, 
train service was deactivated and bridge tender service discontinued. 
The swing span was placed in the full open position for vessels in 
accordance with 33 CFR 117.41. Upon reactivation of bridge tender 
service in 1999, the draw was required to return to opening on signal 
at all times. This requirement is included in the general operation 
regulations at 33 CFR 117.5.
    CMSL is currently providing passenger rail service on the 27-mile 
long rail lines between Tuckahoe and Cape May, New Jersey. There is no 
train service in the winter so the bridge is unmanned and placed in the 
full open position. Tourist train service is provided on weekends only 
in the spring and fall and seven days a week from mid-June until Labor 
Day. Train service starts at 10 a.m. and ends at 7:30 p.m. After train 
hours, the bridge is unmanned and placed in the full open position. 
During train service hours, the bridge is kept in the full open 
position for vessels and closes only when a train is scheduled to 
cross.
    This proposal formalizes the current operation of the bridge. The 
proposed regulations will have less impact on navigation than the 
general operating regulations.

Discussion of Proposal

    The Coast Guard proposes to regulate the Cape May Canal Railroad 
Bridge, ICW mile 115.1, which currently requires the bridge to open on 
signal. The Coast Guard proposes to insert this new specific regulation 
at 33 CFR 117.733(k). The regulation would require the draw to be 
maintained in the open position, except the draw may close for the 
crossing of trains and maintenance of the bridge. When the draw is 
closed, for a train crossing or maintenance, a bridge tender shall be 
present to open the draw. In addition, any delay in opening of the draw 
shall not exceed ten minutes except as provided in Sec. 117.31(b).

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. The Office of Management and Budget has not reviewed it 
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).
    We expect 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.
    We reached this conclusion based on the determination that the 
proposed regulation will provide for greater flow of vessel traffic 
than the general requirements for the use and operation of drawbridges. 
Under the general requirements the drawbridge is required to open 
promptly upon signal. This permits the bridge to remain closed and open 
only after a proper signal. The proposed regulation will require the 
bridge to remain in the open position, permitting vessels to pass 
freely. The bridge will close only for train crossings and bridge 
maintenance. This regulation will provide for the reasonable needs of 
navigation, while reducing the burden on the bridge operator.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners and operators of vessels that 
desire to transit the waterway and homeowners associations representing 
property owners upstream of the drawbridge.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. The 
proposed rule will provide for the bridge to remain in the open 
position, allowing the free flow of vessel traffic. The bridge will 
close only for the passage of trains and maintenance of the bridge. 
This proposed regulation will provide for the reasonable needs of 
navigation.
    If you think that your business, organization or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Ann Deaton, Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this proposed regulation does not have 
implications for federalism under that order.

[[Page 17379]]

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those costs. The proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposal and 
concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C this proposed rule is categorically excluded from 
further environmental documentation. This proposed rule only involves 
the operating schedule of an existing drawbridge and will have no 
impact on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed 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 authority of Pub.L. 102-587, 106 Stat. 
5039.

    2. In Sec. 117.733 add a new paragraph (k) to read as follows:


Sec. 117.733  New Jersey Intracoastal Waterway.

* * * * *
    (k) The draw of Cape May Canal Railroad Bridge across Cape May 
Canal, mile 115.1, at Cape May shall operate as follows:
    (1) The draw shall be maintained in the open position; the draw may 
close only for the crossing of trains and maintenance of the bridge. 
When the draw is closed for a train crossing a bridge tender shall be 
present to open the draw after the train has cleared the bridge. When 
the draw is closed for maintenance a bridge tender shall be present to 
open the draw upon signal.
    (2) Train service generally operates as follows (please contact 
Cape May Seashore Lines for current train schedules):
    (i) Winter (generally December through March): In general, there is 
no train service, therefore the bridge is unmanned and placed in the 
full open position.
    (ii) Spring (generally April through May) and Fall (generally 
September through November): Generally weekend service only. Friday 
through Sunday train service starts at 10 a.m. and ends at 7:30 pm. 
Monday through Thursday the bridge is generally unmanned and placed in 
the open position.
    (iii) Summer Service (generally June through August): Daily train 
service starting at 10 a.m. and ending at 7:30 p.m.
    (3) When a vessel approaches the drawbridge with the draw in the 
open position, the vessel shall give the opening signal. If no 
acknowledgement is received within 30 seconds, the vessel may proceed, 
with caution, through the open draw. When the draw is open and will be 
closing promptly, the drawbridge will generally signal using sound 
signals or radio telephone.
    (4) Opening of the draw span may be delayed for ten minutes after a 
signal to open except as provided in Sec. 117.31(b). However, if a 
train is moving toward the bridge and has crossed the home signal for 
the bridge before the signal requesting opening of the bridge is given, 
the train may continue across the bridge and must clear the bridge 
interlocks as soon as possible in order to prevent unnecessary delays 
in the opening of the draw.

    Dated: March 22, 2001.
J.E. Shkor,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-7947 Filed 3-29-01; 8:45 am]
BILLING CODE 4910-15-U