[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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