[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Proposed Rules]
[Pages 47751-47752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22749]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-075]
RIN 2115-AE47


Drawbridge Operation Regulations; Navesink River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
which govern the Oceanic Bridge, at mile 4.5, across the Navesink River 
at Locust Point, New Jersey. The bridge owner has asked the Coast Guard 
to change the regulations to require a twenty-four hour advance notice 
for bridge openings from December through March because there have been 
few requests to open the bridge during the winter months. This 
rulemaking is expected to relieve the bridge owner of the burden of 
crewing the bridge at all times and still meet the needs of navigation.

DATES: Comments must reach the Coast Guard on or before November 1, 
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.

FOR FURTHER INFORMATION CONTACT: Mr. John W. 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 (CGD01-99-075) 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 Oceanic Bridge at mile 4.5 across the Navesink River at Locust 
Point, New Jersey, has a vertical clearance of 22 feet at mean high 
water and 25 feet at mean low water. The existing operating regulations 
for the Oceanic Bridge requires the bridge to open on signal at all 
times.
    The bridge owner, the County of Monmouth, asked the Coast Guard to

[[Page 47752]]

change the regulations for the bridge and submitted bridge opening log 
data for the Coast Guard to evaluate. The log data indicated the 
following openings for December, January, February, and March, from 
1994 through 1998: December 4, 12, 9, 6 and 8; January 1, 1, 14, 2 and 
6; February 1, 1, 0, 1 and 10; March 11, 13, 4, 6 and 13; respectively.
    The bridge owner has asked for relief from crewing this bridge 
during the winter months and has requested that the bridge regulations 
be changed to require a twenty-four hour advance notice for openings 
from December through March.

Discussion of Proposal

    The Coast Guard proposes to revise the operating rules, listed at 
33 CFR 117.734, which govern drawbridges across the Navesink River. 
Operating regulations for the Oceanic Bridge, at mile 4.5, across the 
Navesink River, in Locust Point, New Jersey will be added to the above 
section. This change will require the Oceanic Bridge to open on signal; 
except that, from December 1 through March 31, the draw will open on 
signal if at least a twenty-four hour advance notice is given by 
calling the number posted at the bridge. The bridge will continue to 
open on signal at all other times.
    This proposal will relieve the bridge owner of the requirement to 
have personnel available to crew the bridge during the winter months 
while meeting the reasonable needs of navigation.
    The Coast Guard believes this proposal is reasonable based upon the 
low number of opening requests received during the winter months.

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 has not had many requests to open during the winter 
months. Mariners will still be able to obtain bridge openings during 
the winter months provided they give twenty-four hour notice.

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. Therefore, the Coast Guard certifies 
under section 5 U.S.C. 605(b), for the reasons discussed in the 
Regulatory Evaluation section above, 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 has been found not to 
have a significant effect on the environment. A written ``Categorical 
Exclusion Determination'' is not required for the proposed rule.

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:

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 117.734 is revised to read as follows:


Sec. 117.734  Navesink River (Swimming River).

    The Oceanic Bridge, mile 4.5, shall open on signal; except that, 
from December 1 through March 31, the draw shall open on signal, if at 
least a twenty-four hour notice is given by calling the number posted 
at the bridge. The owner of this bridge shall provide and keep in good 
legible condition 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.

    Dated: August 17, 1999.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 99-22749 Filed 8-31-99; 8:45 am]
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