[Federal Register Volume 63, Number 10 (Thursday, January 15, 1998)]
[Rules and Regulations]
[Pages 2308-2312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1070]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-003]
RIN 2115-AE47


Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing several 
bridges that cross the New Jersey Intracoastal Waterway (NJICW). Those 
bridges are: the Route 35 Bridge across Manasquan River at NJICW mile 
1.1, in Brielle, New Jersey; the S37 Bridge across Barnegat Bay at 
NJICW mile 14.1, in Seaside Heights, New Jersey; the US40-322 (Albany 
Avenue) Bridge across Inside Thorofare at NJICW mile 70.0, in Atlantic 
City, New Jersey; and the Route 52 (Ninth Street) Bridge across Beach 
Thorofare at NJICW mile 80.4, in Ocean City, New Jersey. Additionally, 
a new provision is added that restricts openings of the Route 30 Bridge 
across Beach Thorofare at NJICW mile 67.2. The changes are being made 
to ease vehicular traffic congestion caused by bridge openings in and 
around seaside resort areas and to reduce the need for these bridges to 
be continually staffed by a drawtender during off-peak periods when few 
openings occur.

DATES: This final rule is effective on February 17, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Commander (Aowb), Fifth 
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (757) 
398-6222.
FOR FURTHER INFORMATION CONTACT:
Ann Deaton, Bridge Administrator, Fifth Coast Guard District, (757) 
398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On July 16, 1997, the Coast Guard published in the Federal Register 
(62 FR 38043) a Notice of Proposed Rulemaking (NPRM) entitled 
Drawbridge Operations Regulations; New Jersey Intracoastal Waterway. 
The NPRM proposed changes in the operating schedules of a number of 
bridges. The changes are designed to ease vehicular traffic congestion 
caused by bridge openings in and around seaside resort areas and to 
reduce the need for these bridges to be continually staffed by a 
drawtender during off-peak periods when few openings occur. The Coast 
Guard received 10 letters commenting on various provisions of the NPRM. 
No public hearing was requested and none was held.

Background and Purpose

General

    The NJICW extends approximately 118 statute miles from Manasquan 
Inlet to Cape May Harbor. The NJICW is primarily used by pleasure 
craft, commercial, and sport fishing vessels. General regulations 
governing the operation of bridges are listed in sections 117.1 through 
117.49 of 33 CFR. Specific drawbridge regulations,

[[Page 2309]]

which supplement the general regulations for certain NJICW bridges, are 
listed in 33 CFR 117.733.
    The New Jersey Department of Transportation (NJDOT) requested 
changes in the regulations of several bridges crossing the NJICW in an 
effort to balance the needs of mariners and vehicle drivers transiting 
into and around seaside resort areas. Bridge openings at peak traffic 
hours during the tourist season often cause considerable congestion 
while accommodating relatively few vessels. In support of its request, 
NJDOT contends that there has been an overall decrease in vessel 
traffic and an increase in vehicular traffic in recent years. NJDOT 
believes that the regulations will help solve the vehicular traffic 
problem caused by the frequency of bridge openings. The regulations 
restricting openings will also allow bridge owners to reduce bridge 
tender hours for certain bridges during off-peak periods when requests 
for openings infrequently occur. A special 24-hour telephone number 
will be posted on all bridges in accordance with 33 CFR 117.55 to 
arrange for openings during off-peak periods and emergencies.
    The Coast Guard received 10 comments on the NPRM. No comments 
addressed the proposed changes for the Route 30 Bridge or the US40-322 
Bridge. The changes in operating regulations for these bridges in this 
final rule are unchanged from the NPRM. The comments concerning the 
proposed changes to the remaining bridges are discussed below.

Route 35 Bridge

    During the summer of 1991, the Coast Guard implemented a temporary 
final rule, which changed the existing regulations governing the Route 
35 Bridge for 60 days from August 1 through September 29, 1991. The 
temporary final rule, published in the Federal Register at 56 FR 40418, 
extended the hour and half hour opening schedule on weekends and 
holidays to between 9 a.m. and 10 p.m., and provided for only twice an 
hour openings during the evening rush hours from 4 p.m. to 7p.m. Monday 
through Thursday and from 12 p.m. to 7 p.m. on Fridays.
    The NPRM proposed to permanently implement the temporary final 
rulemaking schedule, except that an additional hour was added to the 
times that the bridge opens on the hour and half hour. The schedule 
will begin at 8 a.m. instead of 9 a.m. The NPRM also proposed adding a 
four hour notice requirement for draw openings between 11 p.m. and 8 
a.m. year-round.
    The Coast Guard received four comments on the NPRM concerning the 
Route 35 Bridge. One comment requested that the dates of the schedule 
change be extended through October 31 rather than ending on September 
30. The Coast Guard evaluated this proposal, but has decided not to 
change the dates in the final rule. Bridge opening log data from 1993 
to 1995 revealed that the highest concentration of vessel and vehicular 
traffic occurred during the period from May 15 to September 30. For 
that reason, the NJDOT limited its request to change the schedule to 
September 30. The Coast Guard has no current justification for changing 
the dates beyond September 30; however, should vehicle traffic become a 
concern for the NJDOT beyond September 30, and the NJDOT can justify 
changing the dates, the Coast Guard would evaluate a future proposal to 
modify the regulation.
    Another comment suggested changing the draw opening schedule on 
Saturdays, Sundays, and Federal holidays to coincide with the draw 
opening schedule on Mondays to Fridays in order to avoid confusion 
between weekday and weekend openings. The Coast Guard considered this 
comment and has changed the final rule to simplify the bridge opening 
schedule. The opening schedule for the weekend openings will be the 
same as for weekday openings, i.e., the draw will open 15 minutes 
before the hour and 15 minutes after the hour.
    The 15 minute before and after the hour opening schedule on Mondays 
to Thursdays and on Fridays except Federal holidays from 12 p.m. to 7 
p.m. was implemented to coincide with schedules of trains operated by 
the Brielle Railroad Bridge at mile 0.9 (Manasquan River), owned and 
operated by New Jersey Transit Rail Operations (NJTRO). The Route 35 
Bridge is located approximately 200 feet upstream from the railroad 
bridge. Coordinating drawbridge openings of the Route 35 and the 
Brielle Railroad Bridges will minimize the number of times vessels 
would be required to hold or maneuver between the Route 35 and Brielle 
Railroad Bridges while waiting for one of the bridges to open.
    During the summer boating season, the Brielle Railroad Bridge is 
normally maintained in the open position and closed approximately five 
minutes before the arrival of a passenger train. Trains typically cross 
the Brielle Railroad Bridge between 10 and 20 minutes past the hour. It 
is expected that a consistent opening schedule will not only enhance 
the safety of vessels, but also cause less confusion for motorists 
planning for bridge openings.
    Several comments opposed the requirement that a four hour notice be 
given for bridge openings from 11 p.m. to 8 a.m. year-round. The 
comments stated that the schedule is unfair to the boating public and 
would be impractical and potentially hazardous to boaters. The Coast 
Guard considered the comments, but has decided not to change the final 
rule. As stated in the proposed rule, NJDOT records reveal a decrease 
in bridge openings from 11 p.m. to 8 a.m. in the yearly opening logs 
for 1993, 1994 and 1995. The bridge opened for vessels 243, 177, and 
111 times during these years, respectively. In light of these 
statistics, which indicate minimal use of the bridge, the Coast Guard 
believes that a four hour notice is reasonable. This regulation merely 
requires mariners to plan ahead to schedule the bridge opening at times 
acceptable to them.
    One comment proposed adding additional language to the regulation 
to clarify that the draw should only open if vessels are waiting. The 
rationale for the comment is that the bridge should not open 
unnecessarily, i.e., at times when no vessels are waiting. The Coast 
Guard considered the comment but has decided not to change the final 
rule. The regulation currently states that the draw ``need only open,'' 
on the hour and half hour. This language grants discretion to bridge 
tenders to open the draw at the prescribed times only when vessels are 
waiting to pass. The language does not require the bridge to open, as 
it would if the regulation stated that the draw ``shall open'' or 
``will open'' at the prescribed times.
    Another comment recommended that, instead of opening the draw in 
half hour periods, the draw should open on signal, but no more than 
twice in any hour. The comment suggested that in the final analysis, 
the draw would open the same number of times; i.e., twice in a one hour 
period. The Coast Guard has decided not to incorporate this suggestion 
into the final rule. As written, the final rule provides a consistent 
schedule, which allows vehicle traffic and mariners to plan their trips 
accordingly.

S37  Bridge

    The NPRM proposed to change the regulation for the S37 Bridge to 
allow the bridge to open on signal except from Memorial Day to Labor 
Day, from 8 a.m. to 8 p.m., when the draw would only open on the hour 
and half hour. From 1 April to 30 November, from 11 p.m. to 8 a.m., 
four hours advance notice would be required.

[[Page 2310]]

    The Coast Guard received several comments on the NPRM for the Route 
37 Bridge. Many of the comments expressed opposition to the four hour 
notice requirement, stating that the absence of a full time bridge 
tender may cause a hazardous condition to vessels waiting, particularly 
during periods of flood tide. The Coast Guard considered the comments 
received, and after consulting with units that frequently patrol those 
waters, has decided not to change the final rule. Those units reported 
that, in their experience, routine conditions at the Route 37 Bridge 
pose no greater hazard that any other NJICW Bridge. At most, the 
schedule may create an inconvenience to mariners. The schedule will 
only require vessel operators to plan transits in order to minimize 
delays while waiting for the bridge opening. Vessels required to wait 
for openings can also make arrangements to wait in nearby marinas or 
anchor in designated bay anchorages. NJDOT records for 1993, 1994 and 
1995 also showed a minimal demand for bridge openings during the period 
April 1 to November 30, from 11 p.m. to 8 a.m. During those periods, 
the bridge opened for vessels 151, 67, and 82 times, respectively. In 
light of these statistics, the Coast Guard believes that the four hour 
notice requirement to have a bridge tender on scene is reasonable.
    Another comment suggested that traffic congestion could be further 
alleviated by requiring bridges to open only on the hour rather than on 
the hour and half hour. The Coast Guard considered this comment, but 
has not changed the final rule. The opening schedule is designed to 
balance the competing needs of vehicular and vessel traffic. The Coast 
Guard believes that two bridge openings per hour achieve the desired 
balance. However, the Coast Guard would consider future proposals to 
modify the bridge opening schedule if requested by NJDOT.

Route 30  Bridge

    The NPRM proposed changes in the regulation for the Route 30 Bridge 
to require the bridge to open on signal except from 11 p.m. to 7 a.m. 
year-round, and from 3 p.m. to 11 p.m. from November 1 through March 
31, when four hours advance notice would be required. The changes were 
proposed to relieve NJDOT of the burden of ensuring that bridge tenders 
are continuously present during periods when openings are infrequent.
    The Coast Guard received no comments on these proposed changes and 
they appear in this final rule as proposed.

US40-322  Bridge

    The NPRM proposed changes to the US40-322 Bridge schedule by 
amending section 117.733(f) and redesignating it as paragraph (g). 
Paragraph (g) now states that the draw need only open year-round from 
11 p.m. to 7 a.m. and November 1 through March 31 from 3 p.m. to 11 
p.m., if four hours advance notice is given. From June 1 through 
September 30, from 9 a.m. to 4 p.m., and from 6 p.m. to 9 p.m., the 
draw need only open on the hour and half hour. From June 1 through 
September 30, from 4 p.m. to 6 p.m., the draw need not be opened.
    The Coast Guard received no comments on these proposed changes and 
they appear in this final rule as proposed.

Route 52  Bridge

    The NPRM proposed changes in the regulations governing the Route 52 
(Ninth Street) Bridge to require it to open on signal except that from 
Memorial Day to Labor Day from 8 a.m. to 8 p.m., the draw need only 
open on the hour and half-hour. The NJDOT contended that because vessel 
traffic through the bridge has decreased, limiting openings to the hour 
and half hour to include the weekdays would enhance vehicular traffic 
without significantly affecting vessel traffic.
    The Coast Guard received two comments on the NPRM for the Route 52 
Bridge. The comments suggested that expanding the weekend and holiday 
schedule throughout the week would be detrimental to the local boating 
industry. The comments expressed concern that the bridge schedule would 
require boaters to leave their docks in time to pass through the bridge 
and thus increase the chances of leaving behind late passengers for 
whom they might otherwise wait. The Coast Guard considered the 
comments, but has not changed the final rule. The final rule merely 
expands the schedule that already occurs on weekends and holidays from 
Memorial Day to Labor Day from 8 a.m. to 8 p.m., and does not prevent 
mariners from transiting through the bridge. The final rule merely 
requires mariners to schedule their trips accordingly, as they have 
already had to do on weekends and holidays, factoring in any buffers 
needed to accommodate late passengers.

General Requirements

    The Coast Guard received no comments on the general proposals. 
Therefore, the general proposals are being implemented without change. 
After further review, however, the Coast Guard has decided to make a 
textual change to clarify the requirements and to provide consistent 
language for all NJICW bridges. Specifically, the change clarifies the 
requirement governing those bridges where advance notice is required 
for draw openings. The changes removes, throughout the regulation, the 
phrases stating that the draw shall open on signal if advance notice is 
given. As amended, the phrase will state that the draw need only open 
if at least the requisite number of hours notice is given.
    The NPRM proposed amending Section 117.733 by deleting surplus 
language in paragraph (a)(1) to be consistent with the general 
operating regulations under 33 CFR 117.5. That provision already 
requires drawbridges to open promptly and fully for the passage of 
vessels when a request to open is given. The final rule removes the 
applicable language from paragraph (a)(1).
    The final rule amends section 117.733 (b), (c), (d), and (h) by 
deleting the phrase stating that public vessels, vessels in distress, 
or vessels in tow may pass without delay. This requirement is currently 
published in 33 CFR 117.31 and is no longer required to be published in 
each specific bridge regulation.
    The Coast Guard has revised 33 CFR 117.733 to include specific 
regulations governing the Stone Harbor Boulevard Bridge across Great 
Channel, at mile 102.0 in paragraph (j), and paragraph (i), which 
governs the Route 52 Bridge.
    The Coast Guard removed the former regulation in 33 CFR 117.733 
paragraph (j), governing the Cape May County Bridge Commission Bridge, 
at mile 104.0 between Stone Harbor and Nummy Island by codifying this 
paragraph at 33 CFR 117.720. The Cape May County Bridge Commission 
Bridge spans Great Channel, at mile 0.7, a tributary to the NJICW. It 
had been incorrectly placed in 33 CFR 117.733 among NJICW bridges.
    The Coast Guard received no comments for the Cape May County Bridge 
Commission Bridge. The Coast Guard believes, however, that the wording 
in the proposed paragraph is unnecessarily confusing, and therefore has 
added language to paragraphs (a) and (b) to more clearly state that the 
draw need only open if at least four hours advance notice is given.
    Finally, the final rule revises 33 CFR 117.733 by redesignating 
former paragraph (g), governing the Dorset Avenue Bridge across Inside 
Thorofare, mile 71.2. as paragraph (h).

[[Page 2311]]

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 been exempted from review 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, under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. The Coast Guard reached this 
conclusion based on the fact that the changes and actions instituted by 
this rule will not prevent mariners from transiting the bridges. The 
final rule merely requires mariners to plan to be in position to take 
advantage of scheduled bridge openings and to timely contact bridges 
tenders controlling bridges that require advance notification.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Because it expects the impact of this rule to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 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 
requirement 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 will not have sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this 
final rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination statement has been 
prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed 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 117.733 is revised to read as follows:


Sec. 117.733  New Jersey Intracoastal Waterway.

    (a) The following requirement applies to all bridges listed in this 
section: 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.
    (b) The draw of the Route 35 Bridge, mile 1.1 across Manasquan 
River at Brielle, shall open on signal except as follows:
    (1) From May 15 through September 30:
    (i) On Saturdays, Sundays and Federal holidays, from 8 a.m. to 10 
p.m., the draw need only open 15 minutes before the hour and 15 minutes 
after the hour.
    (ii) On Mondays to Thursdays from 4 p.m. to 7 p.m., and on Fridays, 
except Federal holidays from 12 p.m. to 7 p.m., the draw need only open 
15 minutes before the hour and 15 minutes after the hour.
    (2) Year-round from 11 p.m. to 8 a.m., the draw need only open if 
at least four hours notice is given.
    (c) The draw of the County Route 528 Bridge, mile 6.3 across 
Barnegat Bay at Mantoloking, shall open on signal; except that from 
Memorial Day through Labor Day on Saturdays, Sundays and Federal 
holidays from 9 a.m. to 6 p.m., the draw need only open on the hour, 
twenty minutes after the hour, and forty minutes after the hour.
    (d) The draw of the S37 Bridge across Barnegat Bay, mile 14.1 at 
Seaside Heights, shall open on signal except as follows:
    (1) From December 1 through March 31 from 11 p.m. to 8 a.m., the 
draw need not be opened.
    (2) From April 1 through November 30 from 11 p.m. to 8 a.m., the 
draw need only open if at least four hours notice is given.
    (3) From Memorial Day through Labor Day from 8 a.m. to 8 p.m., the 
draw need only open on the hour and half hour.
    (e) The draw of the AMTRAK New Jersey Transit Rail Operations 
(NJTRO) automated railroad swing bridge across Beach Thorofare, mile 
68.9 at Atlantic City shall operate as follows:
    (1) Open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m., 
the draw shall open on signal from 20 minutes to 30 minutes after each 
hour and remain open for all waiting vessels.
    (2) Opening of the draw span may be delayed for ten minutes 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, that train may continue 
across the bridge and must clear the bridge interlocks before stopping.
    (3) When the bridge is not tended locally and/or is operated from a 
remote location, sufficient closed circuit TV cameras shall be operated 
and maintained at the bridge site to enable the remotely located 
bridge/train controller to have full view of both river traffic and the 
bridge.
    (4) Radiotelephone Channel 13 (156.65 MHz) VHF-FM, shall be 
maintained and utilized to facilitate communication in both remote and 
local control locations. The bridge shall also be equipped with 
directional microphones and horns to receive and deliver signals to 
vessels within a mile that are not equipped with radiotelephones.
    (5) Whenever the remote control system equipment is partially 
disabled or fails for any reason, the bridge shall be physically tended 
and operated by local control. Personnel shall be dispatched to arrive 
at the bridge as soon as possible, but not more that one hour after 
malfunction or disability of the remote system. Mechanical bypass and 
override capability of the remote operation system shall be provided 
and maintained.
    (6) When the draw is opening and closing, or is closed, yellow 
flashing lights located on the ends of the center piers shall be 
displayed continuously

[[Page 2312]]

until the bridge is returned to the fully open position.
    (f) The draw of the Route 30 Bridge across Beach Thorofare, mile 
67.2 at Atlantic City, shall open on signal except that, year-round 
from 11 p.m. to 7 a.m. and, from November 1 through March 31 from 3 
p.m. to 11 p.m., the draw need only open if an least four hours notice 
is given.
    (g) The draw of the US40-322 (Albany Avenue) Bridge, mile 70.0 
across Inside Thorofare, at Atlantic City, shall open on signal except 
that:
    (1) Year-round, from 11 p.m. to 7 a.m.; and from November 1 through 
March 31 from 3 p.m. to 11 p.m., the draw need only open if at least 
four hours notice is given;
    (2) From June 1 through September 30:
    (i) From 9 a.m. to 4 p.m. and from 6 p.m. to 9 p.m. the draw need 
only open on the hour and half hour; and
    (ii) From 4 p.m. to 6 p.m. the draw need not open.
    (h) The draw of the Dorset Avenue Bridge across Inside Thorofare, 
mile 72.1 at Ventnor City, shall open on signal except that from June 1 
through September 30, from 9:15 a.m. to 9:15 p.m., the draw need only 
open at 15 and 45 minutes after the hour.
    (i) The draw of the Route 52 (Ninth Street) Bridge, mile 80.4 
across Beach Thorofare, at Ocean City, shall open on signal except that 
from Memorial Day through Labor Day from 8 a.m. to 8 p.m., the draw 
need only open on the hour and half hour.
    (j) The draw of the Stone Harbor Boulevard Bridge, mile 102.0 
across Great Channel, at Stone Harbor, shall open on signal except 
that:
    (1) From October 1 through March 31 from 10 p.m. to 6 a.m. the draw 
need only open if at least eight hours notice is given.
    (2) From Memorial Day through Labor Day from 6 a.m. to 6 p.m. on 
Saturdays, Sundays and Federal holidays, the draw need open only on the 
hour, 20 minutes after the hour, and 20 minutes before the hour.
    3. Section 117.720 is added to read as follows:


Sec. 117.720  Great Channel.

    The draw of the Cape May County Bridge Commission bridge, mile 0.7, 
between Stone Harbor and Nummy Island, shall open on signal except 
that:
    (a) From May 15 through October 15 from 10 p.m. to 6 a.m., the draw 
need only open if at least four hours advance notice is given.
    (b) From October 16 through May 14, the draw need only open if at 
least 24 hours advance notice is given.

    Dated: December 23, 1997.
Roger Rufe Jr.,
Vice Admiral, U.S. Coast Guard Commander Fifth Coast Guard District.
[FR Doc. 98-1070 Filed 1-14-98; 8:45 am]
BILLING CODE 4910-14-M