[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Proposed Rules]
[Pages 65613-65614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30967]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-95-065]


Drawbridge Operation Regulations; Nacote Creek, New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the New Jersey Department of Transportation 
(NJDOT), the Coast Guard is proposing to change the regulations 
governing operation of the Route 9 Bridge across Nacote Creek, mile 
1.5, in Smithville, Atlantic County, New Jersey. This proposal would 
require the Route 9 Bridge to open on signal except during the period 
from 11 p.m. to 7 a.m., when a two-hour advance notice for openings 
would be required. This change should help relieve the bridge owner of 
the burden of having a bridgetender constantly available at times when 
there are few or no quests for openings, while still proving for the 
needs of navigation.

DATE: Comments must be received on or before February 20, 1996.

ADDRESSES: Comments may be mailed to Commander, Fifth Coast Guard 
District, c/o Commander (obr), First Coast Guard District, Bldg. 135A, 
Governors Island, New York 10004-5073, or may be hand-delivered to the 
same address between 8 a.m. and 4:30 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (212) 668-7170. 
Comments will become part of this docket and will be available for 
inspection and copying at the above address.

FOR FURTHER INFORMATION CONTACT: Gary Kassof, Bridge Administrator-NY, 
Fifth Coast Guard District, (212) 668-6969.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, comments, data, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this rulemaking (CGD05-95-065), the specific 
section of this rule to which each comment applies, and give reasons 
for each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this rule in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander, Fifth Coast Guard District, 
c/o Commander (obr), First Coast Guard District at the address listed 
under ADDRESSES. The request should include 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.

Drafting Information

    The principal persons involved in drafting this document are Mr. J. 
Arca, Fifth Coast Guard District, Bridge 

[[Page 65614]]
Branch-NY, Project Officer, and CAPT R.A. Knee, Fifth Coast Guard 
District Legal Office, Project Counsel.

Background and Purpose

    The Route 9 Bridge across Nacote Creek, mile 1.5, at Smithville, 
Atlantic County, NJ, has a vertical clearance of 5' above mean high 
water (MHW) and 8' above mean low water (MLW) in the closed position. 
The current regulations require the bridge to open on signal at all 
times.
    Review of the bridge logs provided by NJDOT reveals that from 11 
p.m. to 7 a.m., there were no requests for bridge openings in 1992 and 
1993, and only 13 requests for openings in 1994 during these hours. 
NJDOT is seeking relief from the requirement that a bridgetender be 
present during the hours of 11 p.m. to 7 a.m. when there are minimal 
requests for openings.
    The New Jersey Department of Transportation requested that the 
Coast Guard make a permanent change to the regulations governing 
operation of the Route 9 Bridge to require the draw to open on signal 
except from 11 p.m. to 7 a.m., which would require a two-hour advance 
notice. At all other times, the bridge would open on signal. The 
bridgetenders would be on call to open the draw when the advance notice 
is given. A 24-hour special telephone number would be posted on the 
bridge and maintained by the NJDOT.
    Accordingly, a new provision allowing the draw of the Route 9 
bridge, at mile 1.5, to remain closed during late night and early 
morning hours unless two hours advance notice is given will be 
designated as paragraph (a). The current provision allowing the draw of 
the Atlantic County (Rte. 575) bridge, at mile 3.5, to remain closed 
unless eight hours advance notice is given will be designated as 
paragraph (b). A general provision requiring the passage of Federal, 
State, and local government vessels used for public safety through all 
drawbridges in published at 33 CFR 117.31, and is no longer required to 
be published for each waterway. Therefore, this proposal would remove a 
provision requiring passage of public vessels from section 117.732.

Regulatory Evaluation

    The proposed action 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. This conclusion is based on the fact 
that the rule will not prevent mariners from transiting the bridge. It 
will only require mariners to plan their transits.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, 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 proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal will not have a significant economic impact 
on a substantial number of small entities.

Collection of Information

    This proposal 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 it has been determined 
that this proposal will not have sufficient federalism implications to 
warrant preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, July 29, 1994), this 
proposal 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.

    In consideration of the foregoing, the Coast Guard proposes to 
amend part 117 of Title 33, Code of Federal Regulations, 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 117.732 is revised to read as follows:


Sec. 117.732  Nacote Creek.

    (a) The Route 9 bridge, mile 1.5, shall open on signal except that 
from 11 p.m. to 7 a.m., the draw shall open if at least two hours 
advance notice is given.
    (b) The draw of the Atlantic County (Rte. 575) bridge, mile 3.5, at 
Port Republic, shall open on signal if at least eight hours advance 
notice is given.

    Dated: November 22, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-30967 Filed 12-19-95; 8:45 am]
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