[Federal Register Volume 64, Number 128 (Tuesday, July 6, 1999)]
[Proposed Rules]
[Pages 36318-36320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17055]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-111]
RIN 2115-AE47


Drawbridge Operation Regulations; Debbies Creek, NJ

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a supplemental change to the 
regulations governing the operation of the Monmouth County highway 
bridge, at mile 0.4, across Debbies Creek, at Manasquan, New Jersey.
    The new proposal would continue to provide the current opening 
schedule, except that from January 1 through March 31, from 4:30 p.m. 
to 8 a.m., a 4-hour advance notice would be required. At all other 
times the bridge will continue to provide openings on signal. 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 reach the Coast Guard on or before September 7, 
1999.

ADDRESSES: You may mail comments to the Commander (Aowb), Fifth Coast 
Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, or they 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 and documents as indicated in this preamble 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, 
Fifth Coast Guard District, (757) 398-6222.

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 (CGD05-98-111) 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 
acknowledgement of receipt of comments should enclose stamped, self-
addressed postcards or envelopes.
    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.

Regulatory History

    On January 22, 1999, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Debbies 
Creek, New Jersey'' in the Federal Register (64 FR 3464). The Coast 
Guard received 10 letters commenting on the proposed rulemaking. No 
public hearing was requested and none was held.

Background and Purpose

    The Monthmouth 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), Sec. 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 BCFMC has initially requested a change in the regulation by 
requiring 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 believed that 
the initial proposal would more fairly balance the competing needs of 
vehicular and vessel traffic. However, the Coast Guard received 10 
comments objecting to this proposal. Additionally, after further 
discussions with BCFCM, the Coast Guard has determined that

[[Page 36319]]

since vessel use between January 1 and March 31 is primarily during the 
daylight hours, an alternative proposal should be considered. The Coast 
Guard also believes that enumeration and rewording would clarify the 
current regulation.

Discussion of Comments and Changes

    The Coast Guard received 10 comments on the NPRM in opposition to a 
24-hour advance notice for vessel openings from January 1 to March 31. 
Eight of the comments opposed the imposition of any changes to the 
current regulation as unreasonable and unfair. The remaining two 
comments suggested an advance notice for vessel openings be conducted 
from January 1 to March 31, between the hours of 4 p.m. to 8 a.m. All 
commenters generally indicated that a 24-hour advance notice would be 
an inconvenience and excessive due to the unpredictable weather 
conditions. The Coast Guard considered these comments and responded by 
suggesting that a supplemental alternative proposal be further analyzed 
and reissued as soon as possible.
    Further review of the bridge logs from 1995 through 1997 revealed a 
total of 61 bridge openings for vessels from January 1 to March 31, 
from 4:30 p.m. to 8 a.m. During the same hours, bridge logs from 1989 
to 1997 showed a total of 104 vessel openings. In view of these 
statistics, the Coast Guard is proposing a supplemental change to the 
regulation by reducing the advance notice call from 24 to 4 hours and 
requiring the 4-hour notice to be established from January 1 to March 
31 between the hours of 4:30 p.m. and 8 a.m. Considering the minimal 
number of openings identified by the bridge logs, the Coast Guard 
believes that the supplemental changes will more fairly balance the 
competing needs of vehicular and vessel traffic.

Discussion of Proposal

    On January 22, 1999, the Coast Guard issued a Notice of Proposed 
Rulemaking to amend 33 CFR 117.715 by inserting a provision to require 
a 24-hour advance notice for bridge openings from January 1 through 
March 31.
    Upon receiving opposition to this proposal and after further 
discussions with BCFCM, the Coast Guard now proposes to amend 33 CFR 
117.715 by inserting a new provision requiring a 4-hour advance notice 
for bridge openings from January 1 through March 31, between the hours 
of 4:30 p.m. to 8 a.m. Additionally, to ensure clarity and consistency 
of the operating regulations, the text of the current 33 CFR 117.715 
would be enumerated and reworded.

Regulatory Evaluation

    This supplemental 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 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; 
February 26, 1979).
    The Coast Guard expects the economic impact of this supplemental 
proposed change to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.
    The Coast Guard reached this conclusion based on the fact that the 
supplemental proposed change will not prevent mariners from transiting 
the bridge, but merely require mariners to plan their transits and to 
contact the bridge tender to provide the 4 hour advance notice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
U.S. Coast Guard considered whether this supplemental 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.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this supplemental 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 may be 
impacted, please submit a comment (see ADDRESSES) explaining why you 
think it qualifies and in what way and to what degree this supplemental 
proposed rule will economically affect it.

Unfunded Mandates

    Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2 
U.S.C. 1531), the Coast Guard assessed the effects of this supplemental 
proposed rule on State, local, and tribal governments, in the 
aggregate, and the private sector. The Coast Guard determined that this 
regulatory action requires no written statement under section 202 of 
the UMRA (2 U.S.C. 1532) because it will not result in the expenditure 
of $100,000,000 in any one year by State, local, or tribal governments, 
in the aggregate, or the private sector.

Collection of Information

    This supplemental proposed rule does not provide for a collection 
of information under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    The Coast Guard has analyzed this supplemental proposed rule under 
the principles and criteria contained in Executive Order 12612 and has 
determined that this supplemental 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 
supplemental proposal and concluded that under figure 2-1, paragraph 
(32)(e) of the Commandant Instruction M16475.1C, this supplemental 
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'' 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 discussed in the preamble, the Coast Guard proposed 
to amend 33 CFR part 117 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. 102-4587, 106 
Stat. 5039.

    2. Section 117.715 is revised to read as follows:


Sec. 117.715  Debbies Creek.

    The draw of the Monmouth County highway bridge, mile 0.4 at 
Manasquan, shall open on signal, except as follows:
    (a) From January 1 through March 31, from 4:30 p.m. to 8 a.m., the 
draw need open only if at least four-hours advance notice is given.
    (b) 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.
    (c) The owners of the bridge shall provide and keep in good legible

[[Page 36320]]

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: June 18, 1999.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Fifth Coast Guard District, Acting District 
Commander.
[FR Doc. 99-17055 Filed 7-2-99; 8:45 am]
BILLING CODE 4910-15-M