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: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing several

bridges that cross the New Jersey Intracoastal Waterway (NJICW). Those

bridges are: 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 is added that restricts openings of the Route 30 Bridge

across Beach Thorofare at NJICW mile 67.2. The changes are being made

to ease vehicular traffic congestion caused by bridge openings in and

around seaside resort areas and to reduce the need for these bridges to

be continually staffed by a drawtender during off-peak periods when few

openings occur.

DATES: This final rule is effective on February 17, 1998.

ADDRESSES: Documents as indicated in this preamble are available for

inspection or copying at the office of the Commander (Aowb), Fifth

Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street,

Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday

through Friday, except Federal holidays. The telephone number is (757)

398-6222.

FOR FURTHER INFORMATION CONTACT:

Ann Deaton, Bridge Administrator, Fifth Coast Guard District, (757)

398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

On July 16, 1997, the Coast Guard published in the Federal Register

(62 FR 38043) a Notice of Proposed Rulemaking (NPRM) entitled

Drawbridge Operations Regulations; New Jersey Intracoastal Waterway.

The NPRM proposed changes in the operating schedules of a number of

bridges. The changes are designed to ease vehicular traffic congestion

caused by bridge openings in and around seaside resort areas and to

reduce the need for these bridges to be continually staffed by a

drawtender during off-peak periods when few openings occur. The Coast

Guard received 10 letters commenting on various provisions of the NPRM.

No public hearing was requested and none was held.

Background and Purpose

General

The 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 listed in sections 117.1 through

117.49 of 33 CFR. Specific drawbridge regulations,

[[Page 2309]]

which supplement the general regulations for certain NJICW bridges, are

listed in 33 CFR 117.733.

The New Jersey Department of Transportation (NJDOT) requested

changes in the regulations of several bridges crossing the NJICW in an

effort to balance the needs of mariners and vehicle drivers transiting

into and around seaside resort areas. Bridge openings at peak traffic

hours during the tourist season often cause considerable congestion

while accommodating relatively few vessels. In support of its request,

NJDOT contends that there has been an overall decrease in vessel

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

believes that the regulations will help solve the vehicular traffic

problem caused by the frequency of bridge openings. The regulations

restricting openings will also allow bridge owners to reduce bridge

tender hours for certain bridges during off-peak periods when requests

for openings infrequently occur. A special 24-hour telephone number

will be posted on all bridges in accordance with 33 CFR 117.55 to

arrange for openings during off-peak periods and emergencies.

The Coast Guard received 10 comments on the NPRM. No comments

addressed the proposed changes for the Route 30 Bridge or the US40-322

Bridge. The changes in operating regulations for these bridges in this

final rule are unchanged from the NPRM. The comments concerning the

proposed changes to the remaining bridges are discussed below.

Route 35 Bridge

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

final rule, which changed the existing regulations governing the Route

35 Bridge for 60 days from August 1 through September 29, 1991. The

temporary final rule, published in the Federal Register at 56 FR 40418,

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 7p.m. Monday

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

The NPRM proposed to permanently implement the temporary final

rulemaking schedule, except that an additional hour was added to the

times that the bridge opens on the hour and half hour. The schedule

will begin at 8 a.m. instead of 9 a.m. The NPRM also proposed adding a

four hour notice requirement for draw openings between 11 p.m. and 8

a.m. year-round.

The Coast Guard received four comments on the NPRM concerning the

Route 35 Bridge. One comment requested that the dates of the schedule

change be extended through October 31 rather than ending on September

30. The Coast Guard evaluated this proposal, but has decided not to

change the dates in the final rule. Bridge opening log data from 1993

to 1995 revealed that the highest concentration of vessel and vehicular

traffic occurred during the period from May 15 to September 30. For

that reason, the NJDOT limited its request to change the schedule to

September 30. The Coast Guard has no current justification for changing

the dates beyond September 30; however, should vehicle traffic become a

concern for the NJDOT beyond September 30, and the NJDOT can justify

changing the dates, the Coast Guard would evaluate a future proposal to

modify the regulation.

Another comment suggested changing the draw opening schedule on

Saturdays, Sundays, and Federal holidays to coincide with the draw

opening schedule on Mondays to Fridays in order to avoid confusion

between weekday and weekend openings. The Coast Guard considered this

comment and has changed the final rule to simplify the bridge opening

schedule. The opening schedule for the weekend openings will be the

same as for weekday openings, i.e., the draw will open 15 minutes

before the hour and 15 minutes after the hour.

The 15 minute before and after the hour opening schedule on Mondays

to Thursdays and on Fridays except Federal holidays from 12 p.m. to 7

p.m. was implemented to coincide with schedules of trains operated by

the Brielle Railroad Bridge at mile 0.9 (Manasquan River), owned and

operated by New Jersey Transit Rail Operations (NJTRO). The Route 35

Bridge is located approximately 200 feet upstream from the railroad

bridge. Coordinating drawbridge openings of the Route 35 and the

Brielle Railroad Bridges will minimize the number of times vessels

would be required to hold or maneuver between the Route 35 and Brielle

Railroad Bridges while waiting for one of the bridges to open.

During the summer boating season, the Brielle Railroad Bridge is

normally maintained in the open position and closed approximately five

minutes before the arrival of a passenger train. Trains typically cross

the Brielle Railroad Bridge between 10 and 20 minutes past the hour. It

is expected that a consistent opening schedule will not only enhance

the safety of vessels, but also cause less confusion for motorists

planning for bridge openings.

Several comments opposed the requirement that a four hour notice be

given for bridge openings from 11 p.m. to 8 a.m. year-round. The

comments stated that the schedule is unfair to the boating public and

would be impractical and potentially hazardous to boaters. The Coast

Guard considered the comments, but has decided not to change the final

rule. As stated in the proposed rule, NJDOT records reveal a decrease

in bridge openings from 11 p.m. to 8 a.m. in the yearly opening logs

for 1993, 1994 and 1995. The bridge opened for vessels 243, 177, and

111 times during these years, respectively. In light of these

statistics, which indicate minimal use of the bridge, the Coast Guard

believes that a four hour notice is reasonable. This regulation merely

requires mariners to plan ahead to schedule the bridge opening at times

acceptable to them.

One comment proposed adding additional language to the regulation

to clarify that the draw should only open if vessels are waiting. The

rationale for the comment is that the bridge should not open

unnecessarily, i.e., at times when no vessels are waiting. The Coast

Guard considered the comment but has decided not to change the final

rule. The regulation currently states that the draw ``need only open,''

on the hour and half hour. This language grants discretion to bridge

tenders to open the draw at the prescribed times only when vessels are

waiting to pass. The language does not require the bridge to open, as

it would if the regulation stated that the draw ``shall open'' or

``will open'' at the prescribed times.

Another comment recommended that, instead of opening the draw in

half hour periods, the draw should open on signal, but no more than

twice in any hour. The comment suggested that in the final analysis,

the draw would open the same number of times; i.e., twice in a one hour

period. The Coast Guard has decided not to incorporate this suggestion

into the final rule. As written, the final rule provides a consistent

schedule, which allows vehicle traffic and mariners to plan their trips

accordingly.

S37 Bridge

The NPRM proposed to change the regulation for the S37 Bridge to

allow the bridge to open on signal except from Memorial Day to Labor

Day, from 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.,

four hours advance notice would be required.

[[Page 2310]]

The Coast Guard received several comments on the NPRM for the Route

37 Bridge. Many of the comments expressed opposition to the four hour

notice requirement, stating that the absence of a full time bridge

tender may cause a hazardous condition to vessels waiting, particularly

during periods of flood tide. The Coast Guard considered the comments

received, and after consulting with units that frequently patrol those

waters, has decided not to change the final rule. Those units reported

that, in their experience, routine conditions at the Route 37 Bridge

pose no greater hazard that any other NJICW Bridge. At most, the

schedule may create an inconvenience to mariners. The schedule will

only require vessel operators to plan transits in order to minimize

delays while waiting for the bridge opening. Vessels required to wait

for openings can also make arrangements to wait in nearby marinas or

anchor in designated bay anchorages. NJDOT records for 1993, 1994 and

1995 also showed a minimal demand for bridge openings during the period

April 1 to November 30, from 11 p.m. to 8 a.m. During those periods,

the bridge opened for vessels 151, 67, and 82 times, respectively. In

light of these statistics, the Coast Guard believes that the four hour

notice requirement to have a bridge tender on scene is reasonable.

Another comment suggested that traffic congestion could be further

alleviated by requiring bridges to open only on the hour rather than on

the hour and half hour. The Coast Guard considered this comment, but

has not changed the final rule. The opening schedule is designed to

balance the competing needs of vehicular and vessel traffic. The Coast

Guard believes that two bridge openings per hour achieve the desired

balance. However, the Coast Guard would consider future proposals to

modify the bridge opening schedule if requested by NJDOT.

Route 30 Bridge

The NPRM proposed changes in the regulation for the Route 30 Bridge

to require the bridge to open on signal except 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, when four hours advance notice would be required. The changes were

proposed to relieve NJDOT of the burden of ensuring that bridge tenders

are continuously present during periods when openings are infrequent.

The Coast Guard received no comments on these proposed changes and

they appear in this final rule as proposed.

US40-322 Bridge

The NPRM proposed changes to the US40-322 Bridge schedule by

amending section 117.733(f) and redesignating it as paragraph (g).

Paragraph (g) now states that the draw need only 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 four hours advance notice is given. 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. From June 1 through

September 30, from 4 p.m. to 6 p.m., the draw need not be opened.

The Coast Guard received no comments on these proposed changes and

they appear in this final rule as proposed.

Route 52 Bridge

The NPRM proposed changes in 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 need only

open on the hour and half-hour. The NJDOT contended 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.

The Coast Guard received two comments on the NPRM for the Route 52

Bridge. The comments suggested that expanding the weekend and holiday

schedule throughout the week would be detrimental to the local boating

industry. The comments expressed concern that the bridge schedule would

require boaters to leave their docks in time to pass through the bridge

and thus increase the chances of leaving behind late passengers for

whom they might otherwise wait. The Coast Guard considered the

comments, but has not changed the final rule. The final rule merely

expands the schedule that already occurs on weekends and holidays from

Memorial Day to Labor Day from 8 a.m. to 8 p.m., and does not prevent

mariners from transiting through the bridge. The final rule merely

requires mariners to schedule their trips accordingly, as they have

already had to do on weekends and holidays, factoring in any buffers

needed to accommodate late passengers.

General Requirements

The Coast Guard received no comments on the general proposals.

Therefore, the general proposals are being implemented without change.

After further review, however, the Coast Guard has decided to make a

textual change to clarify the requirements and to provide consistent

language for all NJICW bridges. Specifically, the change clarifies the

requirement governing those bridges where advance notice is required

for draw openings. The changes removes, throughout the regulation, the

phrases stating that the draw shall open on signal if advance notice is

given. As amended, the phrase will state that the draw need only open

if at least the requisite number of hours notice is given.

The NPRM proposed amending Section 117.733 by deleting surplus

language in paragraph (a)(1) 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. The final rule removes the

applicable language from paragraph (a)(1).

The final rule amends section 117.733 (b), (c), (d), and (h) by

deleting 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 has revised 33 CFR 117.733 to include specific

regulations governing the Stone Harbor Boulevard Bridge across Great

Channel, at mile 102.0 in paragraph (j), and paragraph (i), which

governs the Route 52 Bridge.

The Coast Guard removed the former regulation in 33 CFR 117.733

paragraph (j), governing the Cape May County Bridge Commission Bridge,

at mile 104.0 between Stone Harbor and Nummy Island by codifying this

paragraph at 33 CFR 117.720. The Cape May County Bridge Commission

Bridge spans Great Channel, at mile 0.7, a tributary to the NJICW. It

had been incorrectly placed in 33 CFR 117.733 among NJICW bridges.

The Coast Guard received no comments for the Cape May County Bridge

Commission Bridge. The Coast Guard believes, however, that the wording

in the proposed paragraph is unnecessarily confusing, and therefore has

added language to paragraphs (a) and (b) to more clearly state that the

draw need only open if at least four hours advance notice is given.

Finally, the final rule revises 33 CFR 117.733 by redesignating

former paragraph (g), governing the Dorset Avenue Bridge across Inside

Thorofare, mile 71.2. as paragraph (h).

[[Page 2311]]

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 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 instituted by

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

final rule merely requires mariners to plan to be in position to take

advantage of scheduled bridge openings and to timely contact bridges

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 rule 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 rule to be

minimal, 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

requirement 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 rule will not have sufficient federalism implications to warrant

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

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

final rule 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

For the reasons discussed 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. 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 15 minutes before the hour and 15 minutes

after the 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 need only open if

at least four hours notice is given.

(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 need only open if at least four hours notice is given.

(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 waiting 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 that one hour after

malfunction or disability of the remote system. Mechanical bypass and

override capability of the remote operation system 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

[[Page 2312]]

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 an 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 Dorset Avenue Bridge across Inside Thorofare,

mile 72.1 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 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., the draw

need only open if at least four hours advance notice is given.

(b) From October 16 through May 14, the draw need only open if at

least 24 hours advance notice is given.

Dated: December 23, 1997.

Roger Rufe Jr.,

Vice Admiral, U.S. Coast Guard Commander Fifth Coast Guard District.

[FR Doc. 98-1070 Filed 1-14-98; 8:45 am]

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