Drawbridge Operation Regulations; New Jersey Intracoastal Waterway

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: 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 several bridges that cross the New Jersey Intracoastal

Waterway (NJICW). Those bridges include: 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 would be added that

would restrict openings of the Route 30 Bridge across Beach Thorofare

at NJICW mile 67.2, which currently opens on signal. The NJDOT has

requested these changes in an effort to ease vehicular traffic

congestion caused by bridge openings in and around seaside resort

areas. The NJDOT also seeks to reduce bridge tender hours for certain

bridges by eliminating the need for them to be continually staffed

during off-peak periods when few openings occur.

[[Page 38044]]

DATES: Comments must be received on or before September 15, 1997.

ADDRESSES: Comments may be mailed to Commander (Aowb), USCG Atlantic

Area, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth,

Virginia 23704-5004, 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 (757) 398-6222. Comments will become

part of this docket and will be available for inspection and copying at

the above address.

FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator, USCG

Atlantic Area, (757) 398-6222.

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 (CGD05-97-003), and 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 proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a public

hearing by writing to 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. Waverly W. Gregory, Jr., Project Manager, Bridge

Administration Section and Lieutenant Robert L. Wegman, Project

Counsel, Maintenance and Logistics Command Atlantic Legal Division.

Background and Purpose

General

The New Jersey Intracoastal Waterway (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 set

out in Secs. 117.1 through 117.49 of Title 33, Code of Federal

Regulations (33 CFR). Specific drawbridge regulations, which supplement

the general regulations for certain NJICW bridges, are set out in 33

CFR 117.733.

The New Jersey Department of Transportation (NJDOT) has requested

to change the existing regulations for many bridges crossing the NJICW

in an effort to balance the needs of mariners and vehicle drivers

transiting in and around seaside resort areas. Bridge openings at peak

traffic hours during the tourist season often cause considerable

congestion while accommodating relatively few vessels. The NJDOT

contends that its statistics show an overall decrease in vessel traffic

and an increase in vehicular traffic in recent years. The NJDOT is

seeking to solve the vehicular traffic problem caused by the frequency

of bridge openings by reducing the number of drawbridge openings, thus

allowing more vehicles to pass unimpeded. The NJDOT also seeks to

restrict openings and thereby reduce bridge tender hours for certain

bridges during off-peak periods when requests for openings infrequently

occur. A special 24-hour telephone number would be posted on all

bridges in accordance with 33 CFR 117.55 to arrange for openings during

off-peak periods and emergencies. The following bridges would be

affected by this proposal:

Route 35 Bridge

The current regulations require the Route 35 bridge across

Manasquan River, at NJICW mile 1.1, located in Brielle, New Jersey to

open on signal; except that, from Memorial Day through Labor Day on

Saturdays, Sundays, and Federal holidays from 10 a.m. to 8 p.m., the

draw need only open on the hour and half hour. Additionally, the draw

shall open at all times as soon as possible for passage of a public

vessel of the United States or for a vessel in distress.

During the summer of 1991, the Coast Guard implemented a temporary

deviation to the existing regulations governing the Route 35 Bridge for

60 days from August 1 through September 29, 1991. The deviation

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 7 p.m.

Monday through Thursday and from 12 p.m. to 7 p.m., on Fridays. Over

the last five years, the Route 35 Bridge has unofficially operated

under the 1991 temporary regulations. Although vehicle traffic has

increased since 1991, NJDOT records indicate that maintaining the 1991

temporary regulations has helped to reduce traffic congestion.

Furthermore, although the bridge has operated unofficially under

the 1991 summer regulations, the NJDOT has received no complaints

regarding the opening schedule.

The NJDOT has requested changes in the regulation governing the

Route 35 Bridge. The changes would require the bridge to open on

signal, except that from May 15 through September 30, from 8 a.m. to 10

p.m., on Saturdays, Sundays, and Federal holidays, the draw would only

open on the hour and half hour. 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 would only open 15 minutes before the hour and 15 minutes

after the hour. In addition, from 11 p.m. to 8 a.m. year-round, four

hours notice would be required to open the draw.

A review of NJDOT drawbridge logs for the Route 35 Bridge reveals a

decrease in requests for bridge openings from 11 p.m. to 8 a.m. The

yearly bridge logs for 1993, 1994, and 1995 during these hours, show

that the bridge opened for vessels 243, 177, and 111 times,

respectively. In light of these statistics, the Coast Guard anticipates

that a four hour advance notice from 11 p.m. to 8 a.m. would not

adversely affect vessel traffic flow.

The NJDOT's request to extend the openings of the Route 35 Bridge

on the hour and half hour from May 15 to September 30 on Saturdays,

Sundays and Federal holidays from 9 a.m. to 10 p.m., and to schedule

draw openings 15 minutes before and 15 minutes after the hour from 4

p.m. to 7 p.m., Mondays through Thursdays and on Fridays from 12 noon

to 7 p.m., except for Federal holidays, is the result of a substantial

increase of vehicle traffic and a decrease of vessel traffic. NJDOT

records show that from 1993 to 1995, from Memorial Day through Labor

Day on Saturdays, Sundays and Federal holidays from 9 a.m. to 10 p.m.,

the Route 35 Bridge opened 670, 566, and 738 times, respectively; an

average of 90 openings per week or approximately 13 openings per day.

Opening an average of only 13 times per day, the bridge schedule helped

to abate the vehicular traffic problem, and bridge closures caused only

minor inconveniences to marine traffic. From Memorial Day through Labor

Day during the same period, on Mondays to Thursdays from 4 p.m. to 7

p.m. and on Fridays from 12 p.m. to 7

[[Page 38045]]

p.m., the bridge opened for vessels 212, 178, and 223 times,

respectively. Although averaging only seven openings per week or

approximately one opening per day, this schedule of bridge openings

posed minimal inconvenience to marine traffic.

S37 Bridge

Current regulations require the S37 Bridge across Barnegat Bay, at

NJICW mile 14.1, located at Seaside Heights, New Jersey to open on

signal except that, from 1 December through 31 March from 11 p.m. to 7

a.m., the draw need not be opened; and from Memorial Day through Labor

Day from 10 a.m. to 2 p.m., on Saturdays, Sundays, and Federal

holidays, the draw need only be opened on the hour and half hour,

except that it shall open at any time for the passage of vessels with

tows.

The NJDOT requested changes in the regulation that would allow the

S37 bridge to open on signal except from Memorial Day to Labor Day, 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., year-round,

four hours advance notice would be required.

NJDOT records indicate that during 1993, 1994 and 1995, from 11

p.m. to 8 a.m., the S37 Bridge opened for vessels 151, 67 and 82 times,

respectively. Based on these statistics, which show a minimal demand

for bridge openings year-round, the NJDOT is seeking relief from the

burden of having bridge tenders continually present between the hours

of 11 p.m. to 8 a.m. During 1993, 1994, and 1995 from Memorial Day to

Labor Day, from 8 a.m. to 8 p.m., the S37 Bridge opened for vessels

1333, 1204 and 1207 times, respectively. With an average of only 24

openings per day or approximately two openings per hour, restricting

openings to the hour and half hour from 8 a.m. to 8 p.m. is not

expected to seriously disrupt marine traffic, and is expected to

substantially decrease the disruption of vehicular traffic.

Route 30 Bridge

The current regulation for the Route 30 Bridge across Beach

Thorofare at NJICW mile 67.2, requires it to open on signal at all

times. The requirement for drawbridges to open on signal is included in

the general operating regulations at 33 CFR 117.5. The NJDOT has

requested changes in the regulation to require the bridge to open on

signal except from 11 p.m. to 7 a.m. year-round, and November 1 through

March 31 from 3 p.m. to 11 p.m. when four hours advance notice would be

required. The NJDOT is also seeking relief from the burden of ensuring

that bridge tenders are continuously present during the above periods

when openings are infrequent.

A review of NJDOT bridge logs from 1992 to 1995 for the Route 30

bridge revealed that from 11 p.m. to 7 a.m., year-round, between 5 and

15 openings occurred, and from 3 p.m. to 11 p.m. from November 1

through March 31, between 6 and 9 openings occurred each year. The

Coast Guard believes that these statistics, which show extremely

minimal use of the Route 30 bridge, support the NJDOT request to

require a four hour advance notice for bridge openings. In addition,

NJDOT proposes to eliminate 24 hour staffing of the bridge. Based on

the minimal demand for bridge openings, the four hour notice

requirement requested by the NJDOT appears reasonable.

US40-322 Bridge

The current regulation for the US40-322 (Albany Avenue) Bridge

across Inside Thorofare, at NJICW mile 70.0 in Atlantic City, New

Jersey requires it to open on signal except that it permits the bridge

to open only on the hour and half hour from June 1 through September 30

between 9 a.m. and 4 p.m. and between 6 p.m. and 9 p.m. with no

openings required from 4 p.m. to 6 p.m. The NJDOT has requested

additional limitations on bridge openings that would require the bridge

to open on signal except from 11 p.m. to 7 a.m. year-round, and

November 1 through March 31 from 3 p.m. to 11 p.m. when four hours

advance notice would be required.

NJDOT bridge logs from 1992 to 1995, reveal that from 11 p.m. to 7

a.m., year-round, between 20 and 52 openings occurred each year. From 3

p.m. to 11 p.m., November 1 through March 31, between 11 and 26

openings occurred each year. The NJDOT also seeks relief from the

burden of ensuring that bridge tenders are continuously present during

the above periods when the bridge tenders receive minimal requests for

openings.

Route 52 Bridge

The current regulations governing the Route 52 (Ninth Street)

Bridge across Beach Thorofare, at NJICW mile 80.4 in Ocean City, New

Jersey require it to open on signal except that from Memorial Day

through Labor Day from 10 a.m. to 8 p.m. on Saturdays, Sundays, and

Federal holidays, the draw must open only on the hour and half hour.

Additionally, the draw shall open at all times as soon as possible for

passage of public vessels of the United States, vessels towing other

vessels and vessels in distress.

The NJDOT has requested a change to 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

would open on the hour and half hour. The NJDOT contends 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. A review of

NJDOT logs shows that from 1993 to 1995 in May through September from 8

a.m. to 8 p.m., the Route 52 Bridge opened for vessels 1894, 1738 and

1669 times, respectively. With an average of only 34 openings per day

or approximately three openings per hour, the infrequency of the

openings caused only minor inconveniences to marine traffic. To ease

traffic congestion, the NJDOT requested that the movement of marine

traffic be regulated by extending the provisions for openings on the

hour and half hour to include the weekdays between 8 a.m. and 8 p.m.,

from Memorial Day to Labor Day.

Discussion of Proposed Amendments

Route 35 Bridge

The Coast Guard proposes to amend both the form and substance of

Sec. 117.733 paragraph (b), which governs the Route 35 Bridge, NJICW

mile 1.1. Current paragraph (b) would be subdivided into subparagraphs

(1), (1)(i), (1)(ii), and (2). Subparagraph (1)(i) would state that

from May 15 through September 30, on Saturdays, Sundays, and Federal

holidays, from 9 a.m. to 10 p.m., the draw need only open on the hour

and half hour. Subparagraph (1)(ii) would state that from 4 p.m. to 7

p.m. on Mondays to Thursdays and 12 p.m. to 7 p.m. on Fridays, except

Federal holidays, the draw need only open 15 minutes before and 15

minutes after the hour. Subparagraph (2) would state that, year-round,

from 11 p.m. to 8 a.m., the draw shall open upon four hours notice.

S37 Bridge

The Coast Guard proposes to amend Sec. 117.733 paragraph (d), which

governs the S37 Bridge, NJICW mile 14.1 by renumbering subparagraph (2)

as (3) and inserting a new subparagraph (2) to require a four hour

advance notice for openings, between the hours of 11 p.m. and 8 a.m.

from April 1 through November 30. The newly renumbered subparagraph (3)

would also be amended. The S37 Bridge openings from Memorial Day to

Labor Day, which

[[Page 38046]]

are currently scheduled on the hour and half hour from 10 a.m. to 2

p.m. Saturdays, Sundays, and Federal holidays, would be extended to 8

a.m. to 8 p.m. each day of the week.

Route 30 Bridge

The Coast Guard proposes to amend the regulations governing the

Route 30 Bridge, NJICW mile 67.2, which currently opens on signal. The

Coast Guard proposes to insert this new specific regulation at 33 CFR

117.733(f). The regulation would permit the draw to open on four hour

advance notice 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. At all other times, the Route

30 bridge would continue to open on signal.

US40-322 Bridge

The Coast Guard proposes to amend the form and substance of

Sec. 117.733(f) governing the US40-322 Bridge (Albany Avenue), NJICW

mile 70.0, by redesignating it as paragraph (g). Current paragraph (f)

would also be subdivided into subparagraphs (1), (2)(i), and (2)(ii).

Subparagraph (1) would require the draw to 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 a

four hour advance notice is given. Subparagraph (2)(i) would state that

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.

Subparagraph (2)(ii) would state that from June 1 through September 30,

from 4 p.m. to 6 p.m., the draw need not be opened.

Route 52 Bridge

The Coast Guard proposes to redesignate Part 117.733 paragraph (h)

and paragraph (i), which was inadvertently omitted from the current

regulation, and proposes to amend the same paragraph to require the

Route 52 (Ninth Street) Bridge, NJICW mile 80.4, to open on signal

except from Memorial Day to Labor Day from 8 a.m. to 8 p.m., when

openings would occur on the hour and half hour.

General Proposals

The surplus language of 33 CFR 117.733(a)(1) would be removed 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. This

requirement is applied to all drawbridges across the New Jersey

Intracoastal Waterway and does not need to be restated in each specific

regulation. Additional text modifications would be made as appropriate,

to eliminate surplus regulatory text already stated in the general

operating regulations.

The Coast Guard intends to amend current paragraphs (b), (c), (d),

and (h) to delete 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 also plans to insert 33 CFR 117.733(i), a section

that was inadvertently omitted from the regulation. The current

regulations contain paragraphs (a)-(h) and (j). Paragraph (i) does not

exist. Paragraph (i) should have included the specific regulation

governing the Stone Harbor Boulevard Bridge across Great Channel, at

mile 102.0. That section, governing the Stone Harbor Boulevard Bridge

would be reinserted, but would be redesignated as paragraph (j).

Paragraph (i) would be added, but it would govern the Route 52 Bridge.

The Coast Guard intends to remove the current regulation in 33 CFR

117.733 paragraph (j) by codifying this paragraph as 33 CFR 117.720.

This bridge, referred to in paragraph (j) as the Cape May County Bridge

Commission Bridge, at mile 104.0 between Stone Harbor and Nummy Island

does not span the NJICW, but rather spans Great Channel, at mile 0.7, a

tributary to the NJICW. It had been incorrectly placed in 33 CFR

117.733 as a NJICW bridge. The operating schedule of this bridge would

not be affected by this change.

Finally, the Coast Guard proposes to revise 33 CFR 117.733 by

redesignating current paragraph (g) which governs the Dorset Avenue

Bridge across Inside Thoroughfare, mile 71.2. That paragraph would be

redesignated (h). No modifications to that regulation are proposed.

Regulatory Evaluation

The 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 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 proposed by

this rule would not prevent mariners from transiting the bridges. The

rule would merely require mariners to plan to be in position to take

advantage of scheduled bridge openings and to timely contact bridge

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 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 proposed rule, if adopted, 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 has determined that

this proposed rule 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, 29 July 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.

Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend part 117 of Title 33, Code of Federal Regulations as follows:

[[Page 38047]]

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 on the hour and half 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 shall open on

signal upon four hours notice.

(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 shall open on signal upon four hours notice.

(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 awaiting 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 than one hour after

malfunction or disability of the remote system. Mechanical bypass and

override capability for remote operation 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 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 at 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 Dorest Avenue Bridge across Inside Thorofare,

mile 71.2 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 for

waiting vessels 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. if at

least four hours advance notice is given.

(b) From October 16 through May 14 if at least 24 hours advance

notice is given.

Dated: June 27, 1997.

J. Carmichael,

Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard

District.

[FR Doc. 97-18672 Filed 7-15-97; 8:45 am]

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