[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Rules and Regulations]
[Pages 6484-6486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3484]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGDO1-95-171]
RIN 2115-AE47


Drawbridge Operation Regulations; Passaic River, New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
Routes 1 & 9 (Lincoln Highway) Bridge, mile 1.8, the Point-No-Point 
Railroad Bridge, mile 2.6, both in Newark, New Jersey, and the Route 7 
(Rutgers Street) Bridge, mile 8.9, in Belleville, New Jersey which 
cross the Passaic River. The change will provide openings on signal if 
at least four hours notice is given. This change was requested by the 
Consolidated Rail Corporation (CONRAIL) and New Jersey Department of 
Transportation (NJDOT) because of the limited openings of these 
bridges. This action will relieve the bridge owners of the burden of 
having personnel constantly available to open the bridges and should 
provide for the reasonable needs of navigation. Other changes remove 
redundant requirements that are included in the Part 117 general 
operating regulations, provide maximum allowable time delays for 
specific railroad bridge openings, remove unnecessary language, and 
reorder the paragraphs for clarity and consistency.

EFFECTIVE DATE: March 14, 1997.

ADDRESSES: Documents referred to in this preamble are available by 
writing to the First Coast Guard District, Bridge Branch at Bldg. 135A, 
Governors Island, New York 10004-5073. The telephone number is (212) 
668-7994.

FOR FURTHER INFORMATION CONTACT: Gary Kassof, Chief, Bridge Branch, 
(212) 668-7021.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On June 21, 1996, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulations; Passaic River, 
New Jersey'' in the Federal Register (61 FR 31881). The Coast Guard 
received three comments on the notice of proposed rulemaking. No public 
hearing was requested, and none was held.

Background and Purpose

    The Routes 1 & 9 (Lincoln Highway), Point-No-Point Railroad, and 
Route 7 (Rutgers Street) Bridges have respective vertical clearances, 
when in the closed position, of 40', 16', and 8' above mean high water 
(MHW). All three bridges had previously been required to open on 
signal. This rule will permit these bridges to open on signal if at 
least four hours notice is given.
    Due to the closure of the River Oil Terminal in August, 1992, 
requests for openings of bridges across the Passaic River have 
decreased. For the years 1992, 1993, and 1994, the Routes 1 & 9 
(Lincoln Highway) Bridge opened 95, 35 and 29 times, respectively, for 
vessel transits; the Point-No-Point Bridge opened 243, 145 and 124 
times; the Route 7 (Rutgers Street) Bridge opened 129, 161 and 169 
times. The previous regulations are being changed to provide

[[Page 6485]]

CONRAIL and NJDOT relief from having an operator in constant attendance 
at the bridges since there is limited demand for bridge openings.

Discussion of Comments and Changes

    Three comments were received in response to the notice of proposed 
rulemaking. Two offered no objection; the other from the City of Newark 
Department of Engineering wanted assurances that no openings would be 
permitted at the Route 1 & 9 bridge during rush hours. The City of 
Newark provided no evidence and made no assertion that there is 
presently any interruption to vehicular traffic under the existing 
rule. The new rule, which requires four hours for openings, provides no 
greater potential for interrupting vehicular traffic than the existing 
rule. Should excessive vehicle congestion ever occur at this bridge, 
the City of Newark may petition the Coast Guard for an amendment to 
this rule. Due to vessel draft requirements and the need for certain 
vessels to transit during specific tidal stages, openings will be 
granted during rush hours, if proper advance notice is given.
    To provide consistency with Coast Guard regulatory practice, 
proposed paragraph 117.739(a)(2) is amended to delete manpower, 
communications and maintenance requirements for the New Jersey Transit 
crew operation. The requirement for two qualified operators is changed 
to ``adequate number of operators'', and requirements regarding the 
number of vehicles, type of communications and deployment of crew 
members are deleted. In addition, the requirement for ``adequate 
security measures'' is deleted.

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 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; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation, is 
unnecessary. This conclusion is based on the fact that this rule will 
not prevent mariners from passing through the bridges as long as they 
provide four hours advance notice. Currently, two facilities in Newark, 
New Jersey, national Fuels and W.A. Steamlines, receive some of their 
product by barge. During the winter months, National Fuels occasionally 
receives heating oil crude by barge in anticipation of demand for home 
heating fuel. Similarly, W.A. Steamlines sometimes has gasoline 
delivered by barge to increase its reserves in the winter months. Since 
these deliveries are scheduled well in advance, the advance notice 
requirement will have minimal impact on these facilities. Small marinas 
located along the Passaic River provide dockage for less than 100 
recreational vessels, many transiting the drawbridges without requiring 
openings. Considering the recreational nature of these trips, an 
advance notice requirement will have a minimal impact on recreational 
boating facilities and recreational boaters.

Small Entities

    The Coast Guard has considered the economic impact of this rule on 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). For the reasons discussed in the Regulatory Evaluation above, 
the Coast Guard has determined 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 requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

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 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B, (as revised by 60 FR 32197, June 20, 1995), this 
rule promulgates operating regulations for drawbridges and is 
categorically excluded from further environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Final Regulation

    For the reasons set out 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. Section 117.739 is revised to read as follows:


Sec. 117.739  Passaic River.

    (a) The following requirements apply to all bridges in this section 
across the Passaic River:
    (1) The owners of these bridges shall provide, and keep in good 
legible condition, clearance gauges with figures not less than twelve 
(12) inches high designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.
    (2) New Jersey Transit Rail Operations' (NJTRO) roving crews shall 
consist of an adequate number of operators to ensure NJTRO bridges are 
operated according to the requirements of this section.
    (b) The draw of the Routes 1 & 9 (Lincoln Highway) Bridge, mile 
1.8, at Newark, shall open on signal if at least four hours notice is 
given.
    (c) The draw of CONRAIL's Point-No-Point Railroad Bridge, mile 2.6, 
at Newark, shall open on signal if at least four hours notice is given 
to the CONRAIL Movement Desk. After the signal to open is given, the 
opening may be delayed no more than ten minutes.
    (d) The draw of the Jackson Street Bridge, mile 4.6, at Harrison, 
shall 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.
    (e) The draw of Amtrak's Dock Bridge, mile 5.0, at Harrison, shall 
open on signal; except that from 7:20 a.m. to 9:20 a.m. and 4:30 p.m. 
to 6:50 p.m., Monday through Friday except federal holidays, the draw 
need not be opened. At all other times, an opening may be delayed no 
more than ten minutes, unless the drawtender and the vessel operator, 
communicating by radiotelephone, agree to a longer delay.
    (f) The draw of the Bridge Street Bridge, mile 5.6, at Harrison, 
shall 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.
    (g) The draw of the NJTRO Newark-Harrison (Morristown Line) Bridge, 
mile 5.8, at Harrison, New Jersey shall open on signal if at least one 
hour advance notice is given to the drawtender at Upper Hack Bridge 
mile 6.9, across the Hackensack River at Secaucus, N.J. In the event 
the HX drawtender is at the Lower Hack Bridge, mile 3.4 on the

[[Page 6486]]

Hackensack River, at Jersey City then up to an additional half hour 
delay in opening is permitted. After the signal to open is given, the 
opening may be delayed no more than ten minutes. From 7:15 a.m. to 9 
a.m. and from 4:30 p.m. to 6:50 p.m., Monday through Friday except 
federal holidays, the draw need not open.
    (h) The draw of the Route 280 (Stickel Memorial) Bridge, mile 5.8, 
at Harrison, shall open on signal if at least eight hours notice is 
given. In an emergency, the draw shall open as soon as possible but not 
more than two hours after the opening request.
    (i) The draw of the Clay Street Bridge, mile 6.0, at Harrison, 
shall 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.
    (j) The draw of the Route 7 (Rutgers Street) Bridge, mile 6.9, at 
Belleville, shall open on signal if at least four hours notice is 
given.
    (k) The draw of the NJTRO (West Arlington) Bridge, mile 8.0, at 
Kearney, shall open on signal from 7 a.m. to 11 p.m. if at least eight 
hours notice is given. After the signal to open is given, the opening 
may be delayed no more than ten minutes. From 11 p.m. to 7 a.m., the 
draw need not be opened.
    (l) The draw of the Avondale Bridge, mile 10.7, at Lyndhurst, shall 
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.
    (m) The draw of the NJTRO Bridge, mile 11.7, at Lyndhurst, shall 
open on signal from 8 a.m. to 4 p.m. if at least six hours notice is 
given. After the signal to open is given, the opening may be delayed no 
more than ten minutes. From 4 p.m. to 8 a.m., the draw need not be 
opened.
    (n) The draw of the Route 3 Bridge, mile 11.8, at Rutherford, shall 
open on signal if at least six hours notice is given.
    (o) The draw of the Douglas O. Mead (Union Avenue) Bridge, mile 
13.2, at Rutherford, shall open on signal; except that:
    (1) From 4 p.m. to 8 a.m., the draw shall open if at least eight 
hours notice is given; and
    (2) On Christmas and New Year's Day, the draw shall open if notice 
is given prior to 4 p.m. the day prior.
    (p) The draw of the following bridges need not be opened for the 
passage of vessels:
    (1) Gregory Avenue Bridge, mile 14.0, at Wallington.
    (2) Second Street Bridge, mile 14.7, at Wallington.
    (3) West Eighth Street Bridge, mile 15.3, at Garfield.

    Dated: January 28, 1997.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 97-3484 Filed 2-11-97; 8:45 am]
BILLING CODE 4910-14-M