99-22749. Drawbridge Operation Regulations; Navesink River, NJ  

  • [Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
    [Proposed Rules]
    [Pages 47751-47752]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-22749]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 117
    
    [CGD01-99-075]
    RIN 2115-AE47
    
    
    Drawbridge Operation Regulations; Navesink River, NJ
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: The Coast Guard proposes to change the operating regulations 
    which govern the Oceanic Bridge, at mile 4.5, across the Navesink River 
    at Locust Point, New Jersey. The bridge owner has asked the Coast Guard 
    to change the regulations to require a twenty-four hour advance notice 
    for bridge openings from December through March because there have been 
    few requests to open the bridge during the winter months. This 
    rulemaking is expected to relieve the bridge owner of the burden of 
    crewing the bridge at all times and still meet the needs of navigation.
    
    DATES: Comments must reach the Coast Guard on or before November 1, 
    1999.
    
    ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
    District, 408 Atlantic Avenue, Boston, MA 02110-3350, or deliver them 
    at the same address between 7 a.m. and 4 p.m., Monday through Friday, 
    except Federal holidays. The telephone number is (617) 223-8364. The 
    First Coast Guard District Bridge Branch maintains the public docket 
    for this rulemaking. Comments and documents as indicated in this 
    preamble will become part of this docket and will be available for 
    inspection or copying at the above address 7 a.m. to 3 p.m. Monday 
    through Friday, except Federal holidays.
    
    FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer, 
    First Coast Guard District, (617) 223-8364.
    
    SUPPLEMENTARY INFORMATION:
    
    Request for Comments
    
        The Coast Guard encourages interested persons to participate in 
    this rulemaking by submitting written data, views, or arguments. 
    Persons submitting comments should include their names and addresses, 
    identify this rulemaking (CGD01-99-075) and the specific section of 
    this document to which each comment applies, and give the reason for 
    each comment. Please submit two copies of all comments and attachments 
    in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
    copying and electronic filing. 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 proposed rule in view of the 
    comments.
        The Coast Guard plans no public hearing. Persons may request a 
    public hearing by writing to the address under ADDRESSES. The request 
    should include the 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
    
        The Oceanic Bridge at mile 4.5 across the Navesink River at Locust 
    Point, New Jersey, has a vertical clearance of 22 feet at mean high 
    water and 25 feet at mean low water. The existing operating regulations 
    for the Oceanic Bridge requires the bridge to open on signal at all 
    times.
        The bridge owner, the County of Monmouth, asked the Coast Guard to
    
    [[Page 47752]]
    
    change the regulations for the bridge and submitted bridge opening log 
    data for the Coast Guard to evaluate. The log data indicated the 
    following openings for December, January, February, and March, from 
    1994 through 1998: December 4, 12, 9, 6 and 8; January 1, 1, 14, 2 and 
    6; February 1, 1, 0, 1 and 10; March 11, 13, 4, 6 and 13; respectively.
        The bridge owner has asked for relief from crewing this bridge 
    during the winter months and has requested that the bridge regulations 
    be changed to require a twenty-four hour advance notice for openings 
    from December through March.
    
    Discussion of Proposal
    
        The Coast Guard proposes to revise the operating rules, listed at 
    33 CFR 117.734, which govern drawbridges across the Navesink River. 
    Operating regulations for the Oceanic Bridge, at mile 4.5, across the 
    Navesink River, in Locust Point, New Jersey will be added to the above 
    section. This change will require the Oceanic Bridge to open on signal; 
    except that, from December 1 through March 31, the draw will open on 
    signal if at least a twenty-four hour advance notice is given by 
    calling the number posted at the bridge. The bridge will continue to 
    open on signal at all other times.
        This proposal will relieve the bridge owner of the requirement to 
    have personnel available to crew the bridge during the winter months 
    while meeting the reasonable needs of navigation.
        The Coast Guard believes this proposal is reasonable based upon the 
    low number of opening requests received during the winter months.
    
    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 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 proposed 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 the bridge has not had many requests to open during the winter 
    months. Mariners will still be able to obtain bridge openings during 
    the winter months provided they give twenty-four hour notice.
    
    Small Entities
    
        Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
    Coast Guard considers whether this proposed rule, if adopted, 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 of less than 50,000. Therefore, the Coast Guard certifies 
    under section 5 U.S.C. 605(b), for the reasons discussed in the 
    Regulatory Evaluation section above, that this proposed rule, if 
    adopted, will not have a significant economic impact on a substantial 
    number of small entities. If, however, you think that your business or 
    organization qualifies as a small entity and that this proposed rule 
    will have a significant economic impact on your business or 
    organization, please submit a comment (see ADDRESSES) explaining why 
    you think it qualifies and in what way and to what degree this proposed 
    rule will economically affect it.
    
    Collection of Information
    
        This proposed 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 proposed rule in accordance with 
    the principles and criteria contained in Executive Order 12612 and has 
    determined that this proposed rule does not have sufficient 
    implications for federalism to warrant the preparation of a Federalism 
    Assessment.
    
    Environment
    
        The Coast Guard considered the environmental impact of this 
    proposed rule and concluded that, under Section 2.B.2., Figure 2-1, 
    paragraph (32)(e), of Commandant Instruction M16475.1C, this proposed 
    rule is categorically excluded from further environmental documentation 
    because promulgation of drawbridge regulations has been found not to 
    have a significant effect on the environment. A written ``Categorical 
    Exclusion Determination'' is not required for the proposed rule.
    
    List of Subjects in 33 CFR Part 117
    
        Bridges.
    
    Regulations
    
        For the reasons set out in the preamble, the Coast Guard proposes 
    to amend 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 117.734 is revised to read as follows:
    
    
    Sec. 117.734  Navesink River (Swimming River).
    
        The Oceanic Bridge, mile 4.5, shall open on signal; except that, 
    from December 1 through March 31, the draw shall open on signal, if at 
    least a twenty-four hour notice is given by calling the number posted 
    at the bridge. The owner of this bridge shall provide and keep in good 
    legible condition clearance gages with figures not less than eight 
    inches high, designed, installed and maintained according to the 
    provisions of Sec. 118.160 of this chapter.
    
        Dated: August 17, 1999.
    Robert F. Duncan,
    Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
    District.
    [FR Doc. 99-22749 Filed 8-31-99; 8:45 am]
    BILLING CODE 4910-15-P
    
    
    

Document Information

Published:
09/01/1999
Department:
Coast Guard
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
99-22749
Dates:
Comments must reach the Coast Guard on or before November 1, 1999.
Pages:
47751-47752 (2 pages)
Docket Numbers:
CGD01-99-075
RINs:
2115-AE47: Drawbridge Regulations
RIN Links:
https://www.federalregister.gov/regulations/2115-AE47/drawbridge-regulations
PDF File:
99-22749.pdf
CFR: (1)
33 CFR 117.734