DocumentsTable of Contents Back to Top
DATES: Back to Top
The notice of proposed rulemaking is withdrawn on October 9, 2014.
ADDRESSES: Back to Top
The docket for this deviation, [USCG-2014-0281] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation. 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.
FOR FURTHER INFORMATION CONTACT: Back to Top
If you have questions about this notice, call or email Mr. Joe Arca, Project Officer, First Coast Guard District Bridge Branch, 212-668-7165, [email protected]. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: Back to Top
A. Basis and Purpose Back to Top
On May 1, 2014, we published a notice of proposed rulemaking (NPRM) entitled “Drawbridge Operation Regulation Oceanport Creek, Oceanport, New Jersey” in the Federal Register (79 FR 24654).
The proposed rulemaking concerned the New Jersey Transit Rail Operations (NJTRO) Bridge across Oceanport Creek at mile 8.4, at Oceanport, New Jersey.
The owner of the bridge, NJTRO, submitted a request to the Coast Guard to change the drawbridge operating regulations to allow the bridge to open year-round if at least a four-hour advance notice was given. This request to change the regulations was based on the past three years of bridge opening data which indicated the bridge only received eight requests to open during that time period.
The Coast Guard received three comment letters in response to our notice of proposed rulemaking. The comment letters requested that the Coast Guard deny the bridge owner’s request to change the Drawbridge Operation Regulations for the NJTRO Bridge because it would have a detrimental effect on upstream businesses.
The Fort Monmouth Marina and Restaurant located upstream from the NJTRO Bridge recently re-opened as The Marina at Oceanport. The marina was closed for the past three years as a result of damage sustained from Hurricane Sandy.
The bridge opening data used to support the bridge owner’s proposal to allow the NJTRO Bridge to require a four-hour advance notice year-round based on the reduced number of bridge opening requests received during the past three years was collected during the time period when the marina located upstream was closed following Hurricane Sandy.
B. Withdrawal Back to Top
We are withdrawing this proposed rule as a result of the comments and information received. It is anticipated that the number and frequency of bridge opening requests will significantly increase now that the marina has re-opened. As a result, we do not believe that a four-hour advance notice requirement for bridge openings is justifiable and that it would not meet the reasonable needs of navigation.
Authority: Back to Top
This action is taken under the authority of 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.
Dated: September 19, 2014.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 2014-24170 Filed 10-8-14; 8:45 am]
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