[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Rules and Regulations]
[Pages 71653-71655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33212]
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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.
[[Page 71654]]
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations governing 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 final rule 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: This rule is effective January 21, 2000.
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 (CGD01-99-075) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, 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:
Regulatory Information
On September 1, 1999, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Navasink River, New
Jersey, in the Federal Register (64 FR 47751). We received no comments
in response to the notice of proposed rulemaking. No public hearing was
requested and none was held.
Background and Purpose
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 require the bridge to open on signal at all
times.
The bridge owner, the County of Monmouth, asked the Coast Guard to
change the regulations for the bridge and submitted bridge opening log
data for the Coast Guard to evaluate.
The log data indicated the following number of openings:
------------------------------------------------------------------------
1994 1995 1996 1997 1998
------------------------------------------------------------------------
December............................. 4 12 9 6 8
January.............................. 1 1 14 2 6
February............................. 1 1 0 1 10
March................................ 11 13 4 6 13
------------------------------------------------------------------------
The bridge owner asked the Coast Guard to change the regulations to
require a twenty-four hour advance notice for openings from December
through March. The bridge opening log data shows that during this time
period there have been few requests to open the bridge. The Coast Guard
believes the bridge owner's request to not crew the bridge during the
winter months and the twenty-four hour advance notice requirement are
reasonable based upon the low number of bridge openings during that
time period.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and no changes have been made to this final rule.
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). 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 hours notice.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612) 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 less than 50,000.
For reasons discussed in the Regulatory Evaluation section above,
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs 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
The Coast Guard considered the environmental impact of this rule
and
[[Page 71655]]
concluded that under figure 2-1, paragraph (32)(e) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation because promulgation of changes to
drawbridge regulations have been found to not have a significant 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 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 117.734 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 gauges with figures not less than eight
inches high, designed, installed and maintained according to the
provisions of Sec. 118.160 of this chapter.
Dated: December 8, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard.
[FR Doc. 99-33212 Filed 12-21-99; 8:45 am]
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