[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Proposed Rules]
[Pages 28126-28128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13239]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-010]
RIN 2115-AE47
Drawbridge Operation Regulations; Shrewsbury River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating rules
governing the Rt-36 Bridge, at mile 1.8, across the Shrewsbury River at
Highlands, New Jersey. This change is necessary to help alleviate
vehicular traffic congestion caused by frequent bridge openings. This
proposed rule is expected to help relieve the traffic congestion and
still provide for the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before July 26, 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.
[[Page 28127]]
FOR FURTHER INFORMATION CONTACT: Mr. John 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 (CGD01-99-010) 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 Rt-36 Bridge, at mile 1.8, across the Shrewsbury River, has a
vertical clearance of 35 feet at mean high water (MHW) and 39 feet at
mean low water (MLW). The existing operating regulations for the RT-36
Bridge, at Sec. 117.755, require the bridge to open on signal, except
that, from Memorial Day through Labor Day on Saturdays, Sundays, and
holidays, from 10 a.m. to 7 p.m., the draw need be opened only on the
hour and half hour. The RT-36 Bridge log data from 1995, 1996 and 1997,
May through October, indicates the following number of openings: May,
1239, 962, and 1490; June, 1601, 3216, and 2508; July, 2789, 2314, and
3093; August, 2215, 4947, and 3110; September, 1912, 2747, and 2011;
October, 1225, 3096, and 1569, respectively. The number of openings is
quite high during the summer months, resulting in frequent traffic
congestion. The bridge owner, NJDOT, originally requested that the RT-
36 Bridge shall open on signal on the hour and half hour, from 7 a.m.
to 10 p.m., May 15th through October 15th. The vehicular traffic courts
did not support the need to limit bridge openings until 10 p.m. daily.
The traffic counts indicated the hours 7 a.m. to 8 p.m. were the hours
each day that the most vehicles passed over the bridge. The Coast
Guard, as a result of the data reviewed, is proposing that the bridge
open on signal on the hour and half hour from 7 a.m. to 8 p.m., May
15th through October 15th. At all other times the draw shall open on
signal.
Discussion of Proposal
The Coast Guard proposes to revise the operating rules at
Sec. 117.755(a), governing the RT-36 Bridge, mile 1.8, across the
Shrewsbury River at Highlands, New Jersey. This proposal will require
the bridge to open on signal, except that, from May 15th through
October 15th, 7 a.m. to 8 p.m., the draw need only open on the hour and
half hour.
This proposal is expected to help relieve the traffic congestion
caused by frequent bridge openings during the summer months and still
provide for the reasonable needs of navigation. Mariners can still pass
through the bridge, except that they simply need to schedule their
transits to occur on the hour and half hour during the summer months.
The Coast Guard believes this proposed rule provides a reasonable
balance for the needs of both vehicular and navigational modes of
transportation.
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 will still open each half hour and that the mariners
will still be able to transit the waterway. The mariners will be
required by this proposed rule to simply schedule their transits to
adjust to the bridge opening schedule. The Coast Guard believes this
rule will relieve the vehicular traffic congestion and also meet the
needs of navigation.
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. For the reasons discussed in the
Regulatory Evaluation section above, the Coast Guard certifies under
section 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. 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 have been found not to
have a significant effect on the environment. A written ``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 proposes
to amend 33 CFR part 117 as follows:
[[Page 28128]]
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. Section 117.793 is revised to read as follows:
2. Section 117.755(a) is revised as follows:
Sec. 117.755 Shrewesbury River
(a) The Rt-36 Bridge, mile 1.8, at Highlands, New Jersey, shall
open on signal, except that, from May 15th through October 15th, 7 a.m.
to 8 p.m., the draw need open only on the hour and half hour. The
owners of the bridge shall provide and keep in good legible condition,
two boards gages painted white with black figures not less than eight
inches high to indicate the clearance under the closed draw at all
stages of the tide. The gages shall be placed on the bridge so that
they are plainly visible to operators of vessels approaching the bridge
from either up or down stream.
* * * * *
Dated: May 13, 1999.
R.M. Larrabee,
Rear Admiral, Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-13239 Filed 5-24-99; 8:45 am]
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