Drawbridge Operation Regulations; Grassy Sound Channel, Middle Township, NJ

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-015]

RIN 2115-AE47

Drawbridge Operation Regulations; Grassy Sound Channel, Middle

Township, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern

the operation of the drawbridge across Grassy Sound Channel, mile 1.0,

in Middle Township, New Jersey, by requiring two-hours advance notice

for bridge openings from October 1 to May 14, and from 8 p.m. to 6 a.m.

each day from May 15 to September 30. The bridge would be unattended

during these time periods and requests for openings would require

calling (609) 368-4591. This proposed rule is intended to help lessen

the high cost of manning the drawbridge 24 hours a day while still

providing for the reasonable needs of navigation.

DATES: Comments must be received on or before June 9, 1998.

ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast

Guard District, 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 a part of this docket and will be available for inspection and

copying at the above address.

FOR FURTHER INFORMATION CONTACT:

Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at

(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 (CGD05-98-015), 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 Commander (Aowb), Fifth 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.

Background and Purpose

The Ocean Drive drawbridge across the Grassy Sound Channel, mile

1.0, in Middle Township is currently required to open on signal year-

round. The Cape May County Bridge Commission, through the Cape May

County Department of Public Works, has requested permission to cease

having the bridge attended 24-hours per day year-round. This proposed

rule is intended to decrease the number of hours the bridge is attended

in order to help lessen the high cost of perpetually manning the

drawbridge while still

[[Page 17782]]

providing for the reasonable needs of navigation. In support of its

request, Cape May County asserts that 8 years of drawbridge opening

logs (from 1990 through 1997) show that marine vessel traffic

significantly decreased at night and during the winter (Oct. 1 through

May 14).

The Coast Guard has reviewed these logs (copies of which are

included in the docket for this rulemaking) and they appear to support

Cape May County's request. According to the January 1990 to June 1997

drawbridge logs, 680 openings occurred, of which 177 were for

construction vessels and 503 for private vessels.

Of the 503 private vessel openings, the average for the 8 year

period was 0.183 openings per day; only 16 of the 503 openings for

private vessels occurred at night between 8 p.m. and 6 a.m. with an

average opening rate of 0.005 per day for the 8-year period. Only 74 of

the 503 private vessel bridge openings occurred from October 1 to May

14 with an average rate of 0.043 openings per day for the winter, as

compared with the higher rate of 0.430 openings per day during the

summer (May 15 to September 30). The majority of openings for

construction vessels occurred during 1991 and 1992, in the daytime. Due

to this circumstance and the infrequency of construction vessel bridge

openings from 1990-97, and 177 construction vessel openings are not

included in this analysis.

The winter and night bridge opening rates, when compared to summer

and daytime averages, indicate that it would be advantageous to change

the drawbridge operating regulations. Based on this data, the Coast

Guard believes that requiring two-hours notice for openings, during the

proposed time periods (night and winter) would not overburden marine

traffic.

Discussion of Proposed Rule

The Coast Guard is proposing a new regulation governing the

operation of this drawbridge. The proposed rule would require two-hours

advance notice for openings from October 1 through May 14, and from 8

p.m. to 6 a.m. each day from May 15 through September 30. The bridge

would be unattended during these time periods and requests for openings

would require calling (609) 368-4591. The Coast Guard believes that

these proposed changes will lessen the high cost of the drawbridge's

operation while still providing for the reasonable needs of navigation.

The drawbridge is required to operate in compliance with 33 CFR

117.31(b), Operation of draw for emergency situations, and 33 CFR

117.55, Posting of requirements.

The new regulation would be designated Sec. 117.721 in Title 33 of

the Code of Federal Regulations.

Regulatory Evaluation

This 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 proposed rule to be so minimal that a full

Regulatory Evaluation under paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast

Guard must consider whether this proposed 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 proposed rule to

be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this

proposal, 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. 3501-3520).

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612, and has determined that

this proposed 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

proposal and concluded that under section 2.B.2.a. Figure 2-1(32)(e) of

Commandant Instruction M16475.1C (dated 14 November 1997), this

proposed 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

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. A new Sec. 117.721 is added to read as follows:

Sec. 117.721 Grassy Sound Channel.

The draw of the Grassy Sound Channel Bridge, mile 1.0 in Middle

Township, will open on signal from 6 a.m. to 8 p.m. from May 15 through

September 30; two-hours advance notice is required for all other

openings by phoning (609) 368-4591.

Dated: March 27, 1998.

Roger T. Rufe, Jr.,

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

[FR Doc. 98-9517 Filed 4-9-98; 8:45 am]

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