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[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Proposed Rules]
[Pages 61041-61042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24170]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0281]
RIN 1625-AA09

Drawbridge Operation Regulations; Oceanport Creek, Oceanport, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking concerning the New Jersey Transit Rail Operations (NJTRO) 
Bridge across Oceanport Creek at mile 8.4, at Oceanport, New Jersey. 
The bridge owner submitted a request to require a four-hour advance 
notice for bridge openings year-round based upon infrequent requests to 
open the draw over the last three years.
    The Coast Guard is withdrawing this notice of proposed rulemaking 
because the data supporting the bridge owner's request was based upon 
the past three years of bridge openings; however, we received comments 
in response to our notice of proposed rulemaking that advised us that 
the Fort Monmouth Marina and Restaurant, located upstream from the 
bridge, was closed during the three year time period when the bridge 
opening data was collected. Subsequently, marina and restaurant has re-
opened and it is now anticipated that the number of bridge opening 
requests will significantly increase.
    As a result of the above information we do not believe that a four-
hour advance notice for bridge openings is justified at this time and 
that a four-hour advance notice for bridge openings would not meet the 
reasonable needs of navigation.

DATES: The notice of proposed rulemaking is withdrawn on October 9, 
2014.

ADDRESSES: The docket for this deviation, [USCG-2014-0281] is available 
at http://www.regulations.gov. Type the docket number in the

[[Page 61042]]

``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this deviation. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, call or email Mr. Joe Arca, Project Officer, First Coast Guard 
District Bridge Branch, 212-668-7165, [email protected]. If you have 
questions on viewing the docket, call Cheryl Collins, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

A. Basis and Purpose

    On May 1, 2014, we published a notice of proposed rulemaking (NPRM) 
entitled ``Drawbridge Operation Regulation Oceanport Creek, Oceanport, 
New Jersey'' in the Federal Register (79 FR 24654).
    The proposed rulemaking concerned the New Jersey Transit Rail 
Operations (NJTRO) Bridge across Oceanport Creek at mile 8.4, at 
Oceanport, New Jersey.
    The owner of the bridge, NJTRO, submitted a request to the Coast 
Guard to change the drawbridge operating regulations to allow the 
bridge to open year-round if at least a four-hour advance notice was 
given. This request to change the regulations was based on the past 
three years of bridge opening data which indicated the bridge only 
received eight requests to open during that time period.
    The Coast Guard received three comment letters in response to our 
notice of proposed rulemaking. The comment letters requested that the 
Coast Guard deny the bridge owner's request to change the Drawbridge 
Operation Regulations for the NJTRO Bridge because it would have a 
detrimental effect on upstream businesses.
    The Fort Monmouth Marina and Restaurant located upstream from the 
NJTRO Bridge recently re-opened as The Marina at Oceanport. The marina 
was closed for the past three years as a result of damage sustained 
from Hurricane Sandy.
    The bridge opening data used to support the bridge owner's proposal 
to allow the NJTRO Bridge to require a four-hour advance notice year-
round based on the reduced number of bridge opening requests received 
during the past three years was collected during the time period when 
the marina located upstream was closed following Hurricane Sandy.

B. Withdrawal

    We are withdrawing this proposed rule as a result of the comments 
and information received. It is anticipated that the number and 
frequency of bridge opening requests will significantly increase now 
that the marina has re-opened. As a result, we do not believe that a 
four-hour advance notice requirement for bridge openings is justifiable 
and that it would not meet the reasonable needs of navigation.

    Authority: This action is taken under the authority of 33 U.S.C. 
499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

    Dated: September 19, 2014.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2014-24170 Filed 10-8-14; 8:45 am]
BILLING CODE 9110-04-P
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