Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules 27241

The Route 280 Bridge is presently

required under § 117.739(h) to open on

signal if at least eight (8) hours advance

notice is given. There have been only 8

requests to open this bridge since 1987.

The bridge owner has requested relief

from being required to crew the bridge

since there have been so few requests to

open the bridge.

Discussion of Proposal

The Coast Guard is considering

amending the regulations to require that

the bridge need not open for navigation,

relieving the bridge owner of the

requirement and expense to crew the

bridge. Section 117.39 contains the

authority for the Coast Guard to issue

such regulations and authorizes the

Coast Guard to place certain restrictions

on the bridge closure. The fact that there

have been only 8 requests to open the

bridge since 1987 indicates that there is

good cause to no longer require the

bridge owner to crew the bridge on a

regular basis. The Coast Guard, as a part

of this proposal, would require that the

bridge be maintained in good operable

condition in the event there is a need to

open the bridge, since the bridge is still

a moveable bridge.

The Coast Guard is also correcting an

error in this regulation by changing the

mile point of the Route 7 Bridge which

is listed at 6.9 and correctly should be

8.9. This correction will require that two

paragraphs be changed in the order they

appear in this regulation as a result of

the corrected ascending order of mile

points in the regulation text. The Route

7 Bridge will be changed from

paragraph (j) to paragraph (k) and the

NJTRO Bridge will be changed from (k)

to (j).

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

there have been only 8 requests to open

this bridge in the last ten years. The

Coast Guard believes this proposed rule

achieves the requirement of balancing

both the needs of navigation and

vehicular traffic.

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, notfor-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 the reasons discussed in the

Regulatory Evaluation section above, the

Coast Guard certifies under 5 U.S.C.

605(b) of the Regulatory Flexibility Act

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 economic 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 Reduction 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 rule 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 Figure

2–1, paragraph 32(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation

because promulgation of changes to

drawbridge regulations have been found

not to have a significant effect on the

environment. A ‘‘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. In § 117.739 redesignate paragraphs

(j) and (k) as paragraphs (k) and (j) and

revise paragraph (h) and newly

redesignated (k) to read as follows:

§ 117.739 Passaic River.

* * * * *

(h) The Route 280 Bridge, mile 5.8, at

Harrison, New Jersey, need not open for

the passage of vessels. The operating

machinery of the draw shall be

maintained in serviceable condition and

the draw operated at sufficient intervals

to assure satisfactory operation. The

bridge shall be restored to full

operational status upon six months

notice from the District Commander

should the needs of navigation change

to require the bridge to open for the

passage of vessels.

* * * * *

(k) The draw of the Route 7 (Rutgers

Street) Bridge, mile 8.9, at Belleville,

shall open on signal if at least four

hours notice is given.

* * * * *

Dated: April 18, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 98–13088 Filed 5–15–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–97–098]

RIN 2115–AE47

Drawbridge Operation Regulations:

Taunton River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the operating rules for the

Brightman Street Bridge, mile 1.8, over

the Taunton River between Somerset

and Fall River, Massachusetts.

The bridge owner, Massachusetts

Highway Department (MHD), has

requested that the Coast Guard consider

a change to the operating regulations for

the Brightman Street Bridge to require

the bridge to open on signal; except,
27242 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules

from November 1 through March 31,

between 6 p.m. and 6 a.m. daily, the

draw shall open if at least one hour

advance notice is given. From 6 p.m. to

midnight on December 24th and all day

on December 25th and January 1st, the

draw shall open if at least two hours

advance notice is given by calling the

number posted at the bridge.

Additionally, the provision in the

existing regulations to open as soon as

possible for state and local vessels used

for public safety is being removed since

it is now listed under the general

requirements for bridges.

This proposal will relieve the bridge

owner of the requirement to crew the

bridge during time periods when there

have been few requests to open the

bridge and is expected to still provide

for the needs of navigation.

DATES: Comments must reach the Coast

Guard on or before July 17, 1998.

ADDRESSES: You may mail comments to

Commander (obr), First Coast Guard

District, 408 Atlantic Avenue, Boston,

MA 02110–3350, or deliver them to 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 District

Commander 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:

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

(CGD01–97–098) and specific section of

this proposal to which their comments

apply, and give reasons for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

response to comments received. The

Coast Guard does not plan to hold a

public hearing; however, persons may

request a public hearing by writing to

the Coast Guard at the address listed

under ADDRESSES in this document. The

request should include the reasons why

a hearing would be beneficial. If it is

determined that the opportunity for oral

presentations will aid this matter, the

Coast Guard will hold a public hearing

at a time and place announced by a

subsequent notice published in the

Federal Register.

Background

The Brightman Street Bridge has a

vertical clearance at mean high water

(MHW) of 27 feet and at mean low water

(MLW) of 31 feet.

The Brightman Street Bridge is

presently required to open on signal at

all times. This proposed change to the

operating regulations will require the

bridge to open on signal; except that,

from November 1 through March 31,

between 6 p.m. and 6 a.m. daily, the

draw shall open if at least one hour

advance notice is given by calling the

number posted at the bridge. From 6

p.m. to midnight on December 24th and

all day on December 25th and January

1st, the draw shall open if at least two

hours advance notice is given by calling

the number posted at the bridge.

The Shell Oil facility upstream of the

bridge has closed and the Montaup

Electric Company has reduced its

delivery schedule which together have

reduced the total opening requests

during the winter time period affected

by this proposal.

Additionally, as part of this rule

change the Coast Guard is removing

from the existing regulations the

provisions for opening the bridge as

soon as possible for the passage of state

and local vessels used for public safety

because this is now included under the

general operating regulations for bridges

at § 117.31.

It is expected that this change to the

operating rules will relieve the bridge

owner of the requirement to crew the

Brightman Street Bridge during time

periods when there have been few

requests to open and still provide for the

needs of navigation.

Discussion of Proposal

The Coast Guard is proposing to

revise section 117.619 of the regulations

to remove the unnecessary language

regarding the state and local vessels and

to add the requirement that a one hour

notice be provided for bridge openings

November 1 to March 31, 6 p.m. to 6

a.m. and a two hour advance notice is

required for openings from 6 p.m. to

midnight on December 24th and all day

on December 25th and January 1st at the

Brightman Street Bridge.

The Brightman Street Bridge is

presently required to open on signal

which requires the bridge owner to crew

the bridge at all times. The closure of

the Shell Oil facility and the decrease in

deliveries to Montaup Electric have

changed the demand for openings.

Going to an on call basis during the

evenings in the winter months should

allow the bridge owner to lower their

operating expenses but still meet the

level of demand for openings. The

bridge will still be required to open at

all times but from 6 p.m. to midnight on

December 24th and all day on December

25th and January 1st, a two hour notice

will be required by calling the number

posted at the bridge.

The requirement under the existing

rules to open as soon as possible for

state and local vessels used for public

safety will be removed from this

regulation because it is now listed under

the general bridge requirements at

§ 117.31.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require as 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 proposal 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

bridges must operate in accordance with

the needs of navigation while providing

for the reasonable needs of land

transportation. This NPRM proposes to

adopt the operating hours which the

Coast Guard believes to be appropriate

because there have been so few requests

to open the bridge during the time

period the bridge will be on an advance

notice status. The proposed advance

notice requirements should still provide

for the needs of navigation and allow

the bridge owner to not crew the bridge

during periods when there are few

requests to open the bridge. The Coast

Guard believes this proposal achieves

the requirements of balancing the needs

of navigation and the needs of vehicular

transportation.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this proposed rule

will have a significant economic impact
Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules 27243

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 the reasons discussed in

the Regulatory Evaluation section above,

the Coast Guard certifies under 5 U.S.C.

605(b) that this proposed rule 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 economic 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 would economically

affect it.

Collection of Information

This proposed 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

proposed rule in accordance with the

principles and criterion contained in

Executive Order 12612 and has

determined that this proposed 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 proposed

rule 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

because promulgation of changes to

drawbridge regulations have been found

to not have a significant effect on the

environment. A ‘‘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 117.619 is revised to read

as follows:

§ 117.619 Taunton River.

(a) The owners of the Brightman

Street and Bristol County bridges shall

provide and keep in good legible

condition clearance gauges for each

draw with figures not less than twelve

inches high, designed, installed and

maintained according to the provisions

of § 118.160 of this chapter.

(b) The draw of the Brightman Street

Bridge, mile 1.8, between Somerset and

Fall River shall open on signal; except

that from November 1 through March

31, between 6 p.m. and 6 a.m. daily, the

draw shall open if at least one hour

advance notice is give. From 6 p.m. to

midnight on December 24th and all day

on December 25th and January 1st, the

draw shall open on signal if at least two

hours, notice is given by calling the

number posted at the bridge.

(c) The Bristol County Bridge, mile

10.3, shall open on signal if at least

twenty-four hours’ notice is given by

calling the number posted at the bridge.

Dated: April 18, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 98–13087 Filed 5–15–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–98–042]

RIN 2121–AA97

Safety Zone; Tri-State Inboard

Powerboat Championships,

Hackensack River, Secaucus, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a temporary safety zone in the

Hackensack River for the Tri-State

Inboard Powerboat Championships. The

temporary safety zone will be in effect

on Saturday, August 29, and Sunday,

August 30, 1998, from 11:30 a.m. until

6 p.m., unless extended or terminated

sooner by the Captain of the Port, New

York. The temporary safety zone will

restrict vessel traffic in the Hackensack

River in the vicinity of Laurel Hill Park,

Secaucus, New Jersey. The temporary

safety zone is needed to protect racing

participants and spectator craft from the

hazards associated with high-speed

powerboat racing.

DATES: Comments must reach the Coast

Guard on or before July 17, 1998.

ADDRESSES: You may mail comments to

the Waterways Oversight Branch

(CGD01–98–042), Coast Guard Activities

New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or

deliver them to room 205 at the same

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

The Waterways Oversight Branch of

Coast Guard Activities New York

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

room 205, Coast Guard Activities New

York, between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Alma

Kenneally, Waterways Oversight

Branch, Coast Guard Activities New

York (718) 354–4195.

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

(CGD01–98–042) 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

81⁄2 by 11 inches, suitable for copying

and electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

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 Waterways

Oversight Branch at 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.