[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Rules and Regulations]
[Pages 44129-44131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20955]
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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: Final Rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations governing the Route 36 Bridge, mile 1.8, across the
Shrewsbury River at Highlands, New Jersey. This final rule requires the
drawbridge need open only at a quarter before and a quarter after the
hour, May 15 through October 15, 7 a.m. to 8 p.m. This change is
necessary to help alleviate vehicular traffic congestion caused by
frequent bridge openings. This final rule is expected to relieve
traffic congestion, synchronize the opening times of the two moveable
bridges on the waterway, and still meet the reasonable needs of
navigation.
DATES: This final rule is effective September 13, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Massachusetts 02110, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (617)
223-8364.
FOR FURTHER INFORMATION CONTACT: John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory History
On May 25, 1999, the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulations; Shrewsbury River,
New Jersey, in the Federal Register (64 FR 28126). The Coast Guard
received one letter commenting on the notice of proposed rulemaking. No
public hearing was requested and none was held.
Background
The Route 36 Bridge, at mile 1.8, at Highlands, new Jersey, across
the Shrewsbury River, has a vertical clearance of 35 feet at mean high
water and 39 feet at mean low water.
The existing operating regulations for the Rt-36 Bridge, listed at
33 CFR 117.755(a), 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 bridge owner, the New Jersey Department of Transportation
(NJDOT) asked the Coast Guard to change the operating regulations for
the Route 36 Bridge to help alleviate vehicular traffic caused by
bridge openings during the summer months. The Coast Guard published a
notice of proposed rulemaking on May 25, 1999, which proposed that the
Route 36 Bridge open on signal, except that, from May 15 through
October 15, 7 a.m. to 8 p.m., the draw need open only on the hour and
half hour.
The Coast Guard received one comment letter in response to the
notice of proposed rulemaking suggesting that the Coast Guard
synchronize the opening times for the Route 36 Bridge and the Monmouth
County highway
[[Page 44130]]
bridge at mile 4.0, at Sea Bright, New Jersey, both across the
Shrewsbury River. The synchronizing of the opening schedules at the
bridges will allow vessels to transit through the bridges with minimum
delay.
The bridge opening log data for the years 1995-1997 published by
the Coast Guard in the notice of proposed rulemaking was incorrect. The
correct opening log data is included in this final rule along with the
addition of 1998 opening log data. The correct opening log data also
supports the need to change the operating regulations for the Route 36
Bridge during the time period the bridge owner has requested.
The Route 36 Bridge opening data, May through October, for 1995,
1996, 1997, 1998, indicates the following number of openings: May, 186,
151, 149 and 146; June, 239, 384, 247 and 211; July, 398, 323, 302 and
327; August, 342, 488, 311 and 241; September, 280, 280, 199 and 228;
October, 190, 298, 158 and 140, respectively.
The bridge owner originally requested that the Route 36 Bridge open
on signal on the hour and half hour, 7 a.m. to 10 p.m., May 15 through
October 15. The traffic counts indicated the hours 7 a.m. to 8 p.m.
were the hours each day that most vehicles passed over the bridge. The
vehicular traffic counts did not support the need to limit bridge
openings during the 8 p.m. to 10 p.m. time period.
Discussion of Comments and Changes
The Coast Guard received one letter in response to the notice of
proposed rulemaking. The Coast Guard has changed this final rule as a
result of the comment letter received. The opening schedule published
in the notice of proposed rulemaking required the Route 36 Bridge to
need open only on the hour and half-hour. The Coast Guard, as a result
of the comment received, has changed the opening schedule to require
the Route 36 Bridge need open only at a quarter before the hour and a
quarter after the hour. This change will synchronize the opening
schedules for the two moveable bridges on the Shrewsbury River and will
allow vessels to transit through the bridges with minimum delay.
The existing regulations refer to the Route 36 Bridge as the S36
Bridge. The reference to S36 Bridge in the regulations will be changed
in this final rule to the Route 36 Bridge because it is a more
recognizable description. The language requiring clearance gages for
the Monmouth County Bridge listed at Sec. 117.755(b) will be changed in
this final rule to reference specifications listed under Sec. 118.160
of this chapter. The notice of proposed rulemaking proposed to change
the clearance gage requirements for the Route 36 Bridge only. This
final rule will change the clearance gage requirements for both
bridges.
Regulatory Evaluation
This final 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; February 26, 1979). The Coast Guard expects the economic
impact of this final 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 open for vessel traffic two times an hour and the
mariners will still be able to transit the waterway provided they
schedule their transits in accordance with the operating schedule of
the bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final rule 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 less than
50,000. Therefore, for reasons discussed in the Regulatory Evaluation
section above, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This final 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 final rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this final rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under Section 2.B.2., Figure 2-1, paragraph
(32)(e), of Commandant Instruction M16475.1C, this final rule is
categorically excluded from further environmental documentation because
promulgation of changes to drawbridge regulations have been found to
not have a significant effect on the environment. A written
``Categorical Exclusion Determination'' is not required for this final
rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard amends 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. 102-587, 106
Stat. 5039.
2. Section 117.755 is revised to read as follows:
Sec. 117.755 Shrewsbury River.
(a) The Route 36 Bridge, mile 1.8, at Highlands, New Jersey, shall
open on signal, except that, from May 15 through October 15, 7 a.m. to
8 p.m., the draw need open only at a quarter before the hour and a
quarter after the hour. The owners of the bridge shall provide and keep
in good legible condition, two clearance gauges, with figures not less
than eight inches high, designed, installed and maintained according to
the provisions of Sec. 118.160 of this chapter.
(b) The draw of the Monmouth County highway bridge, mile 4.0, at
Sea Bright, shall open on signal; except that, from May 15 through
September 30, on Saturdays, Sundays, and holidays, from 9 a.m. to 7
p.m., the draw need open only on the hour and half hour. The draw need
not be opened at any time for a sailboat, unless it is under auxiliary
power or is towed by a powered vessel. The owners of the bridge shall
keep in good legible condition two clearance gages, with figures not
less than eight inches high, designed, installed and maintained
according to the provisions of Sec. 118.160 of this chapter.
[[Page 44131]]
Dated: August 2, 1999.
R. M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-20955 Filed 8-12-99; 8:45 am]
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