[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59624-59625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28612]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-98-111]
RIN 2115-AE47
Drawbridge Operation Regulations; Debbies Creek, New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the Monmouth County highway bridge, at mile 0.4, across
Debbies Creek, at Manasquan, New Jersey. This rule will continue to
provide the current opening schedule, except that from January 1
through April 1, from 4:30 p.m. to 8 a.m., a four-hour advance notice
will be required. This change is intended to relieve the bridge owner
of the burden of having a bridge tender staff the bridge during periods
when there are few or no requests for openings, while still providing
for the reasonable needs of navigation.
DATES: This final rule is effective December 3, 1999.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-98-111 and are available for inspection or
copying at the office of 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 January 22, 1999, we published a Notice of Proposed Rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Debbies Creek, New
Jersey'' in the Federal Register (64 FR 3464). We received 10 letters
commenting on the proposed rulemaking. One of the comments included a
request for a public hearing, but after reading and considering the
comments, we determined that a public hearing would provide no
additional information and would not aid the rulemaking process.
On July 6, 1999, we published a Supplemental Notice of Proposed
Rulemaking (SNPRM) entitled ``Drawbridge Operation Regulations; Debbies
Creek, New Jersey'' in the Federal Register (64 FR 36318). We received
no comments on the supplemental notice of proposed rulemaking. No
public hearing was requested, and none was held.
Background and Purpose
The Monmouth County highway bridge is owned and operated by the
Board of Chosen Freeholders of the County of Monmouth (BCFCM) in New
Jersey. Title 33 Code of Federal Regulations (CFR) part 117.715
requires the bridge to open on signal, except that, from Memorial Day
through Labor Day from 7 a.m. to 8 p.m., the draw need be opened only
on the hour and the half hour if any vessels are waiting to pass.
The BCFMC had initially requested a change in the regulation by
requiring a 24-hour advance notice for bridge openings from January 1
through March 31. Bridge logs from 1989 through 1997 revealed a total
of 496 bridge openings in the months of January, February and March.
During this period, bridge tenders received an average of approximately
18 bridge-opening requests per month. Considering the minimal number of
openings identified by the bridge logs, the Coast Guard believed that
the initial proposal would more fairly balance the competing needs of
vehicular and vessel traffic. However, the Coast Guard received 10
comments objecting to the proposed rule. After consideration of the
comments and further discussions with BCFCM, the Coast Guard determined
that since vessel use from January 1 through March 31 was primarily
during the daylight hours, an alternative proposal, as set forth in the
SNPRM was appropriate. The Coast Guard also believes that enumeration
and rewording will clarify the current regulation.
Discussion of Comments and Changes
The Coast Guard received 10 comments on the NPRM in opposition to a
24-hour advance notice for vessel openings from January 1 to March 31.
Nine comments opposed the proposed change as unreasonable and unfair.
The remaining comment suggested manning the bridge between the hours of
8 a.m. and 4:30 p.m. during January and February, and between 8 a.m.
and 6 p.m. or 7 p.m. in the month of March with a 24-hour advance
notice at all other times. All commenters generally indicated that a
24-hour advance notice would be inconvenient and was excessive due to
the unpredictable weather conditions. Further review of the bridge logs
from 1995 through 1997 revealed a total of 61 bridge openings for
vessels from January 1 to March 31, from 4:30 p.m. to 8 a.m. During the
same timeframes, bridge logs from 1989 to 1997 showed a total of 104
vessel openings. The Coast Guard responded to the comments by reducing
the 24-hour advance notice requirement in our original proposal to only
four hours.
The Coast Guard received no comments opposing our new proposal and
is amending 33 CFR 117.715 by inserting a new provision requiring a
four-hour advance notice for bridge openings from January 1 through
April
[[Page 59625]]
1, between the hours of 4:30 p.m. to 8 a.m. Additionally, to ensure
clarity and consistency of the operating regulation, the text of the
current 33 CFR 117.715 will be enumerated and reworded.
Regulatory Evaluation
This 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. The
Office of Management and Budget has not reviewed it 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 reached this conclusion based on the fact that the
final rule will not prevent mariners from transiting the bridge, but
merely require mariners to plan their transits and to provide the four-
hour advance notice to the bridge tender.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This conclusion is based on the fact that this rule will
continue to provide openings to mariners on a schedule they are
accustomed to, and merely require advance notice for openings during
nighttime transits.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1966 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effect on them and participate in the rulemaking process. This was
accomplished by publication of a NPRM in the Federal Register,
consideration of comments received in response to the NPRM, and
subsequent issuance of a SNPRM based on those comments.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 12612 and have
determined that this rule does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
Unfunded Mandates Reform Act and Enhancing the Intergovernmental
Partnership
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership (58 FR 58093,
October 28, 1993) govern the issuance of Federal regulations that
require unfunded mandates. An unfunded mandate is a regulation that
requires a State, local, or tribal government or the private sector to
incur direct costs without the Federal Government's having first
provided the funds to pay those unfunded mandate costs. This rule will
not impose an unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraph (32e) of Commandant Instruction
M16475.1C, this rule is categorically excluded from further
environmental documentation. This rule only deals with the operating
schedule of an existing drawbridge, and will have no effect on the
environment. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
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 117.715 is revised to read as follows:
Sec. 117.715 Debbies Creek.
(a) The draw of the Monmouth County highway bridge, mile 0.4 at
Manasquan, shall open on signal, except as follows:
(1) From 4:30 p.m. January 1 through 8 a.m. April 1, from 4:30 p.m.
to 8 a.m., the draw need open only if at least four-hours advance
notice is given.
(2) From Memorial Day through Labor Day from 7 a.m. to 8 p.m., the
draw need open only on the hour and half hour if any vessels are
waiting to pass.
(b) The owners of the bridge shall provide and keep in good legible
condition two board gauges painted white with black figures not less
than eight inches high to indicate the vertical clearance under the
closed draw at all stages of the tide. The gauges shall be so placed on
the bridge that they are plainly visible to operators of vessels
approaching the bridge either up or downstream.
Dated: October 20, 1999.
John E. Shkor,
Vice Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 99-28612 Filed 11-2-99; 8:15 am]
BILLING CODE 4910-15-U
