[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Rules and Regulations]
[Pages 34123-34124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16666]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-020]
RIN 2115-AE47


Drawbridge Operation Regulations; Passaic River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard amends the operating rules for five bridges 
over the Passaic River in New Jersey. This final rule will allow the 
bridge owners to operate their bridges on an advance notice basis. The 
Jackson Street Bridge at mile 4.6, the Bridge Street Bridge at mile 
5.6, and the Clay Street Bridge at mile 6.0, will open on signal after 
a four hour advance notice is given. The New Jersey Transit Rail 
Operations (NJTRO) Bridge at mile 11.7, and the Route 3 Bridge at mile 
11.8, will open on signal after a 24 hour notice is given. This final 
rule is expected to relieve the bridge owners of the burden of 
constantly having personnel available to open the bridges and still 
provide for the needs of navigation.

DATES: This final rule is effective July 23, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, 408 
Atlantic Avenue, Boston, Ma. 02110-3350, 7 a.m. through 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 February 13, 1998, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulations Passaic 
River, New Jersey, in the Federal Register (63 FR 7357). The Coast 
Guard did not receive any comments in response to the notice of 
proposed rulemaking. No public hearing was requested, and none was 
held.

Background

    The clearances at mean high water (MHW) and mean low water (MLW) 
for the five bridges affected by this rule change are as follows: 
Jackson Street 15' MHW & 20' MLW, Bridge Street 7' MHW & 12' MLW, Clay 
Street 8' MHW & 13' MLW, NJTRO 26' MHW & 31' MLW and Route 3 35' MHW & 
40' MLW.
    The Jackson Street, Bridge Street and Clay Street bridges presently 
open on signal, except that, notice must be given before 2:30 a.m. for 
openings between 4:30 p.m. and 7 p.m. This change to the operating 
regulations will require the bridges to open on signal after four hours 
notice is given.
    The NJTRO Bridge presently opens on signal from 8 a.m. to 4 p.m., 
if at least six hours notice is given. From 4 p.m. to 8 a.m., the draw 
need not be open. The Route 3 Bridge presently opens on signal, if at 
least six hours notice is given. New Jersey Transit Rail Operations 
records indicate there has not been a request to open the NJTRO Bridge 
since December, 1991. The New Jersey Department of Transportation 
records indicate there have been only ten bridge openings during the 
last ten years for the Route 3 Bridge. All ten openings were test 
openings.

Discussion of Comments and Changes

    No comments were received in response to the Notice of Proposed 
Rulemaking. The six month advance notice requirement for the NJTRO and 
Route 3 Bridge published in the Notice of Proposed Rulemaking has been 
changed to a 24 hour advance notice for openings. Upon further review 
the Coast Guard believes a 24 hour notice is a more reasonable time 
period than the six months in the original proposal. The Coast Guard 
believes that six months is too restrictive for mariners that may need 
to transit through the bridges. The bridge owners have been contacted 
and advised that a six month notice is too restrictive to navigation 
and so long as the respective bridges are movable bridges that they 
must continue to keep the operating machinery in good working 
condition. A 24 hour advance notice should still provide relief to the 
bridge owners by not requiring the bridges to be crewed and still 
provide for the needs of navigation that may desire to pass through the 
bridge.

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 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 bridges must operate in accordance with the needs of navigation 
while providing for the reasonable needs of land transportation. This 
final rule adopts the operating hours which the Coast Guard believes to 
be appropriate based on the results of past experience with the roving 
drawtender crew operation and public comments. The Coast Guard believes 
this final rule achieves the requirement of balancing the navigational 
rights of boaters and the needs of land based transportation.

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

[[Page 34124]]

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 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 12612 and has 
determined that this final 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 final 
rule and concluded that, under 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 have a 
significant effect on the environment. A ``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. In Sec. 117.739, paragraphs (d), (f), (i), (m) and (n) are 
revised to read as follows:


Sec. 117.739  Passaic River.

* * * * *
    (d) The draw of the Jackson Street Bridge, mile 4.6, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
* * * * *
    (f) The draw of the Bridge Street Bridge, mile 5.6, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
* * * * *
    (i) The draw of the Clay Street Bridge, mile 6.0, shall open on 
signal if at least four hours notice is given by calling the number 
posted at the bridge.
* * * * *
    (m) The draw of the NJTRO Bridge, mile 11.7, shall open on signal 
after at least a 24 hour notice is given by calling the number posted 
at the bridge.
    (n) The draw of the Route 3 Bridge, mile 11.8, shall open on signal 
after at least a 24 hour notice is given by calling the number posted 
at the bridge.
* * * * *
    Dated: June 8, 1998.
R. M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-16666 Filed 6-22-98; 8:45 am]
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