[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Rules and Regulations]
[Pages 36359-36361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17488]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD01-95-092]
RIN 2115-AE47


Drawbridge Operation Regulations; Manasquan River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: At the request of the New Jersey Department of Transportation 
(NJDOT), the Coast Guard is implementing temporary regulations for the 
Route 35 drawbridge across the New Jersey Intracoastal Waterway (ICW), 
Manasquan River, mile 1.1, between Brielle and Point Pleasant Beach, 
New Jersey. This temporary rule will extend the hour and half hour 
opening schedule on weekends and holidays from 9 a.m. to 10 p.m. It 
will also require that during evening rush hours Monday through 
Thursday, from 4 p.m. to 7 p.m. and on Fridays from noon to 7 p.m., the 
draw need only open 15 minutes before and 15 minutes after the hour. 
This temporary change to the regulations is being implemented to 
examine its effect on vehicular and marine traffic during the above 
periods. This action should still provide for the reasonable needs of 
navigation.

EFFECTIVE DATES: This temporary rule is effective on July 17, 1995 and 
terminates on September 4, 1995. Comments must be received on or before 
September 30, 1995.

ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard 
District, Bldg. 135A, Governor Island, New York, 10004-5073, or may be 
hand-delivered to the same address between 8 a.m. and 4:30 p.m., Monday 
through Friday, except federal holidays. The telephone number is (212) 
668-7170. The comments will become part of this docket and will be 
available for inspection and copying by appointment at the above 
address.

FOR FURTHER INFORMATION CONTACT:
Mr. Gary Kassof, Chief, Bridge Branch, First Coast Guard District, 
(212) 668-7069.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, comments, data, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this rulemaking (CGD01-95-092), the specific 
section of this proposal to which each comment applies, and give 
reasons for each comment. The Coast Guard requests that all comments 
and attachments be submitted in an unbound format no larger than 8\1/
2\'' by 11'', suitable for copying and electronic filing. If that is 
not practical, a second copy of any bound material is requested. 
Persons desiring acknowledgment that their comments have been received 
should enclose a stamped, self-addressed post card or envelope.
    The Coast Guard will consider all comments received during the 
comment period, and may change this proposal in light of comments 
received. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to Commander (obr) First Coast Guard 
District at the address listed under ADDRESSES. The request should 
include reasons why a hearing would be 

[[Page 36360]]
beneficial. If the Coast Guard 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.

Drafting Information

    The drafters of this notice are Mr. J. Arca, Project Officer, 
Bridge Branch and Lieutenant Commander Samuel R. Watkins, Project 
Attorney, District Legal Office.

Background and Purpose

    Two bridges cross the Mansaquan River between Brielle and Point 
Pleasant Beach, New Jersey. The first is the Brielle Point Pleasant 
(NJTRO) Bridge at mile 0.9, owned and operated by New Jersey Transit 
Rail Operations (NJTRO). It has a horizontal clearance of 48 feet and a 
vertical clearance of 3 feet as mean high water (MHW) and 6 feet at 
mean low water (MLW). The narrow horizontal clearance normally permits 
the passage of only one boat at a time through the draw in either 
direction. During the period Memorial Day to Labor Day, the Brielle 
Point Pleasant (NJTRO) bridge is normally maintained in the open 
position and closed 4 to 5 minutes before the arrival of a train.
    The second bridge is the Route 35 bridge located at mile 1.1. It 
has a horizontal clerarance of 90 feet and a vertical clearance of 30 
feet at MHW and 33 feet at MLW. The Route 35 Bridge opens for 
commercial vessels, sailboats, and recreational power vessels with tuna 
towers and outriggers.
    During the recreational boating season the daily weekday volume of 
marine traffic transiting through the Route 35 Bridge between 6 a.m. 
and 2 p.m. is greater than 200 vessels, and between 2 p.m. and 10 p.m. 
is more than 400 vessels. The volume of marine traffic increase on 
weekends. The number of daily vessel transits on weekends between 6 
a.m. and 2 p.m. is greater than 600 vessels, and between 2 p.m. and 10 
p.m. is more than 1000 vessels.
    Train schedules limit the times vessels can transit the waterway. 
Monday through Friday, 14 trains cross the NJTRO bridge between 1 a.m. 
and 12 noon; 21 trains cross the bridge between 12 noon and 11 p.m.
    Statistics provided by NJDOT show that the number of bridge 
openings for vessels during the past seven years remained relatively 
constant, averaging 2300 to 2400 openings a year. The duration of 
openings average approximately seven minutes. Occasional back to back 
bridge openings have interrupted vehicular traffic for extended periods 
of time. The proposed temporary regulation was requested to evaluate 
the benefits and problems to both vehicular and marine traffic.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for these regulations and good cause exists for 
making them effective in less than 30 days after Federal Register 
publication. Publishing a Notice of Proposed Rulemaking and delaying 
the effective date of the temporary rule would be contrary to the 
public interest since implementation of these regulations would not 
permit evaluation during the prime recreational boating season when the 
greatest measurable impacts and benefits occur.
    The current regulation provides that the draw of the Route 35 
bridge, mile 1.1 (Manasquan River) at Brielle, shall open on signal, 
except that from Memorial Day through Labor Day on Saturdays, Sundays, 
and Federal holidays from 10 a.m. to 8 p.m., the draw need only open on 
the hour and half hour. The draw opens at all times as soon as possible 
for passage of public vessels used for public safety, commercial 
vessels and vessels in distress.
    The NJDOT is also conducting a study of highway traffic patterns 
both north and south of the route 35 bridge to determine what 
additional corrective measures are needed to help reduce traffic 
congestion.

Discussion of Regulation

    This temporary rule will require openings 15 minutes before and 15 
minutes after the hour from 4 p.m. to 7 p.m. Monday through Thursday 
and 12 noon through 7 p.m. on Fridays.
    It is expected that this will alleviate some vehicular traffic 
congestion as well as safety problems for recreational and commercial 
vessels that are caused when they must hold or maneuver between the 
Route 35 and Brielle Point Pleasant NJTRO bridge while awaiting bridge 
openings.
    This temporary final regulation is being published to evaluate 
suggested changes to the drawbridge regulation during the prime 
recreational boating season.

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. It 
has been exempted from review 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; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation, under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This is based upon the fact that commercial vessels will 
not be affected by this rule and that this rule will not prevent 
recreational boaters from transiting the bridge. Rather it will only 
require them to adjust their time of arrival for openings to 15 minutes 
before and 15 minutes after the hour.
Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their fields and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Because of the reasons discussed in the Regulatory 
Evaluation above, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this action, if adopted, will not have a significant economic impact on 
a substantial number of small entities.

Collection of Information

    This temporary final rule contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    The Coast Guard has analyzed this rule in accordance with the 
principles and criteria contained in Executive Order 12612 and it has 
determined that this temporary final rule does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
temporary final rule and concluded that, under section 2.B.2. of 
Commandant Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 
1994) this rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination is available in 
the docket for inspection and copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard is 
temporarily amending 33 CFR part 117 as follows:

[[Page 36361]]


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 117.733 is temporarily amended by suspending paragraph 
(b) and adding a new paragraph (k) to read as follows:


Sec. 117.733  New Jersey Intracoastal Waterway.

* * * * *
    (k) The draw of the Route 35 bridge, mile 1.1 (Manasquan River) at 
Brielle, shall open on signal from July 17, 1995 through September 4, 
1995, except as follows:
    (1) From 9 a.m. to 10 p.m., Saturdays, Sundays and Federal 
holidays, the draw need only open on the hour and half hour.
    (2) From 4 p.m. to 7 p.m., Mondays through Thursdays except Federal 
holidays, and on Fridays from 12 noon to 7 p.m. the draw need only open 
15 minutes before and 15 minutes after the hour.

    Dated: July 6, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-17488 Filed 7-14-95; 8:45 am]
BILLING CODE 4910-14-M