[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]
BILLING CODE 4910-15-M