[Federal Register Volume 64, Number 14 (Friday, January 22, 1999)]
[Proposed Rules]
[Pages 3464-3465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1473]
[[Page 3464]]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the regulations
governing the operation of the Monmouth County highway bridge, at mile
0.4, across Debbies Creek, at Manasquan, New Jersey. The proposal would
continue to provide the current opening schedule, except that from
January 1 through March 31, a 24 hour advance notice would 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. In addition, the Coast Guard proposes
enumeration and rewording of the current regulation to ensure clarity
and consistency.
DATES: Comments must be received on or before March 23, 1999.
ADDRESSES: Comments may be mailed to Commander (Aowb), USCG Atlantic
Area, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, 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 (757) 398-6222. Comments will become
part of this docket and will be available for inspection and copying at
the above address.
FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator, USCG
Atlantic Area, (757) 398-6222.
SUPPLEMENTARY INFOMATION:
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 and should identify this rulemaking (CGD05-98-111).
Commenters should identify the specific section of this proposed rule
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 suitable for copying and electronic filing. If that
is not practical, a second copy of any bound material is requested.
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 listed under ADDRESSES. The
request should include 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 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 BCFCM has requested a change in the regulation to require 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 believes that the
proposed changes will more fairly balance the competing needs of
vehicular and vessel traffic. The Coast Guard also believes that
enumeration and rewording would clarify the current regulation.
Discussion of Proposed Amendments
The Coast Guard proposes to amend 33 CFR 117.715 by inserting a new
provision requiring a 24 hour advance notice for bridge openings from
January 1 through March 31. Additionally, to ensure clarity and
consistency of the operating regulation, the text of the current 33 CFR
117.715 would be enumerated and reworded.
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 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 reached this
conclusion based on the fact that the proposed changes will not prevent
mariners from transiting the bridge, but merely require mariners to
plan their transits and to timely contact the bridge tender to provide
the 24 hours advance notice.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the U.S.
Coast Guard must consider whether this proposed rule, if adopted, will
have a significant economic impact on a substantial number of small
entities. ``Small entities'' include small independently owned and
operated businesses which are not dominant in their fields and that
otherwise, qualify as ``small buiness concerns'' under Section 3 of the
Small Business Act (15 U.S.C. 632). Because it expects the impact of
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3510-3520).
Federalism
The Coast Guard analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that this proposed regulation will not raise sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under figure 2-1, paragraph (32)(e) of
Commandant Instruction M16475.1C this proposed rule is categorically
excluded from further environmental documentation based on the fact
that this is a promulgation of an operating regulation for a
drawbridge. A Categorical Exclusion Determination statement has been
prepared and placed in the rulemaking docket.
[[Page 3465]]
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend Part 117 of Title 33, Code of Federal Regulations 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 January 1 through March 31, the draw need open only if at
least 24 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 gages 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 gages shall be so placed on
the bridge that they are plainly visible to operators of vessels
approaching the bridge either up or downstream.
Dated: January 11, 1999.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 99-1473 Filed 1-21-99; 8:45 am]
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