[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Rules and Regulations]
[Pages 38830-38831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18497]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-98-091]
RIN 2115-AE47
Drawbridge Operation Regulations; Hackensack River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations governing the S46 Bridge, mile 14.0, across the Hackensack
River at Little Ferry, New Jersey to open on signal after a twenty four
hour advance notice is given by calling the number posted at the
bridge. There have been no requests to open the S46 Bridge since 1978.
This rule is expected to relieve the bridge owner of the requirement to
crew the bridge and still meet the needs of navigation.
DATES: This final rule is effective August 19, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, MA, 02110-3350, between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(617) 223-8364.
FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 18, 1999, the Coast Guard published a notice of
proposed rulemaking entitled drawbridge operation regulations;
Hackensack River, NJ, in the Federal Register [64 FR 8033]. The Coast
Guard received no letters commenting on the proposed rulemaking. A
hearing was not requested and none was held.
[[Page 38831]]
Background and Purpose
The S46 Bridge, at mile 14.0, in Little Ferry, New Jersey, has a
vertical clearance of 35 feet at mean high water and 40 feet at mean
low water. The existing operating regulations for the S46 Bridge,
listed at Sec. 117.723(f), require the bridge to open on signal, if at
least six (6) hours advance notice is given.
The Coast Guard is changing the regulations to require that the S46
Bridge open on signal after a twenty four hour notice is given. The
bridge owner, the New Jersey Department of Transportation, asked the
Coast Guard to change the regulations to require a twenty four hour
notice for bridge openings because there have been no requests to open
this bridge since 1978. The Coast Guard believes this change to the
regulations is reasonable because the bridge owner has not received a
request to open the bridge since 1978.
Discussion of Comments and Changes
The Coast Guard received no letters commenting on the notice of
proposed rulemaking and no changes have been made to this final rule.
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 not been reviewed 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; Feb. 26, 1979). The Coast Guard expects the economic impact
of this final rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This conclusion is based on the fact that no requests to
open this bridge have been made since 1978.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations less than
50,000. Therefore, for reasons stated in the Regulatory Evaluation
section above, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 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
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this final 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 final
rule and concluded that, under Section 2.B.2, Figure 2-1, paragraph
(32)(e), of Commandant Instruction M16475.1C, this final rule is
categorically excluded from further environmental documentation because
promulgation of changes to drawbridge regulations have been found not
to have a significant effect on the environment. A written
``Categorical Exclusion Determination'' is not required for this final
rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out 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 117.723(f) is revised to read as follows:
Sec. 117.723 Hackensack River.
* * * * *
(f) Except as provided in paragraph (a)(1) of this section, the
draw of the S46 Bridge, at mile 14.0, in Little Ferry, shall open on
signal if at least a twenty four hour advance notice is given by
calling the number posted at the bridge.
* * * * *
Dated: June 30, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-18497 Filed 7-19-99; 8:45 am]
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