[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Proposed Rules]
[Pages 30781-30782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12373]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0711]
RIN 1625-AA09
Drawbridge Operation Regulation; Raccoon Creek, Bridgeport, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice reopening comment period; Correction.
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SUMMARY: The Coast Guard is reopening the comment period to solicit
additional comments concerning its notice of proposed rulemaking to
change the regulation governing the U.S. Route 130 lift bridge across
Raccoon Creek at mile 1.8 at Bridgeport, New Jersey. This notice
corrects a misstatement in the notice of proposed rulemaking regarding
the bridge data and responds to the initial comments received.
DATES: Comments and related material must be received by June 30, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0711 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mrs. Jessica Shea, Fifth Coast Guard District Bridge
Administration Division, Coast Guard; telephone 757-398-6422, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
A. Public Participation and Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting comments and related materials. All comments received will
be posted, without change to http://www.regulations.gov and will
include any personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-0711), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, type the docket number [USCG-2013-
0711] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a
Comment'' on the line associated with this rulemaking. If you submit
your comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit them by mail and would like to know
that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0711) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. 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. We have an agreement with the Department of Transportation to
use the Docket Management Facility.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
The Coast Guard does not plan to hold a public meeting. But you may
submit a request for one to the docket using one of the four methods
specified under ADDRESSES. Please explain why one would be beneficial.
If we determine that one would aid this rulemaking, we will hold one at
a time and place announced by a later notice in the Federal Register.
B. Background and Purpose
On October 28, 2013, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled, Drawbridge Operation Regulation; Raccoon
Creek, Bridgeport, NJ in the Federal Register (78 FR 64189). The
original comment period, in which the
[[Page 30782]]
Coast Guard received two comments, closed on December 27, 2013. The
NPRM proposed the initial changes to the regulation governing the U.S.
Route 130 lift bridge across Raccoon Creek, mile 1.8, and contains
useful background and analysis related to the initial proposed change.
The public is encouraged to review the NPRM.
The original request from the bridge owner, NJDOT, included logs
from the 2007-2013 timeframe. The logs indicated an impact on average
of up to 30 vessels annually and an average of 10 vessels in the months
of March, April, and November. However, on page 64190 under ``D.
Discussion of Proposed Rule'' heading of the NPRM, the Coast Guard
stated ''fewer than 5 vessels annually will be required to provide 4
hours advance notice under the proposed change.'' The Coast Guard would
like to correct that statement here and give the public the opportunity
to comment on the revised bridge data. Table A shows the monthly logs
for 2007-2013 during the 7 a.m. to 11 p.m. time period provided by
NJDOT.
Table A--Bridge Openings for January 2007-June 2013
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Month 2013 2012 2011 2010 2009 2008 2007
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January............................ 8 0 0 2 0 2 0
February........................... 8 0 0 1 0 0 0
March.............................. 7 0 0 5 0 0 0
April.............................. 22 5 0 10 15 13 2
May................................ 39 12 13 33 14 20 17
June............................... 52 27 33 42 33 38 40
July............................... ......... 36 19 30 81 49 65
August............................. ......... 27 14 21 59 38 57
September.......................... ......... 34 8 31 59 45 56
October............................ ......... 12 12 4 26 17 10
November........................... ......... 8 14 1 2 10 1
December........................... ......... 1 4 0 6 0 2
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Total.......................... ......... 162 117 180 295 232 250
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Additionally, the Coast Guard received two comments on the NPRM
that are addressed below. The first commenter stated that the change to
the existing regulation is not in the public interest and would
inconvenience captains that transit the waterway in those three months.
The commenter further stated that this change is a cost savings to the
bridge owner and that this cost savings is the true reason behind the
change. The commenter requested a revision to the background and
purpose and to reopen the comment period. Under the Coast Guard's
policy for bridge administration, regulations are not promulgated to
relieve the owner or operator of the duty to properly operate the
bridge solely because of financial hardship. The Coast Guard did not
seek further information from NJDOT. NJDOT provided the Coast Guard
with bridge tender logs indicating the actual number of openings for
the bridge for the preceding five years. The well-documented data,
provided above, of an average of less than 10 bridge openings per month
in March, April and November since 2006 justifies this regulatory
change. The Coast Guard considers maintaining efficiency and reduction
of waste in the operation of bridges as within the public interest.
Based on this information, the Coast Guard proposes this change to the
drawbridge operation schedule.
Based on the second comment from the marina owner, NJDOT provided
additional information to the Coast Guard specific to the month of
April. This includes data dating back to 1995. (See Table B)
Table B--Bridge Openings During April 1995-2006
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Month 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
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April........................... 4 9 6 20 6 17 3 10 1 7 6 2
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With 19 years of documented openings for the month of April, the
average number of transits is less than 10 vessels per month during the
month of April. The commenter requested April be eliminated from the
final rule. The Coast Guard does not plan to eliminate the month of
April from the modification of the operating schedule that governs the
Route 130 bridge over Raccoon Creek. The relatively few vessels that
require an opening in the month of April may do so by providing four
hours advanced notice.
This notice, re-opening the comment period, ensures the public has
an opportunity to comment on the revised bridge opening data before the
Coast Guard makes the proposed changes final.
This notice is issued under authority of 33 U.S.C. 1223 and 5
U.S.C. 552.
Dated: May 16, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2014-12373 Filed 5-28-14; 8:45 am]
BILLING CODE 9110-04-P