[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59624-59625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28612]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-111]
RIN 2115-AE47


Drawbridge Operation Regulations; Debbies Creek, New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the Monmouth County highway bridge, at mile 0.4, across 
Debbies Creek, at Manasquan, New Jersey. This rule will continue to 
provide the current opening schedule, except that from January 1 
through April 1, from 4:30 p.m. to 8 a.m., a four-hour advance notice 
will be required. 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.

DATES: This final rule is effective December 3, 1999.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-98-111 and are available for inspection or 
copying at the office of Commander (Aowb), Fifth Coast Guard District, 
Federal Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 
23704-5004, between 8 a.m. and 4:30 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (757) 398-6222.

FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator, 
Fifth Coast Guard District, (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On January 22, 1999, we published a Notice of Proposed Rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Debbies Creek, New 
Jersey'' in the Federal Register (64 FR 3464). We received 10 letters 
commenting on the proposed rulemaking. One of the comments included a 
request for a public hearing, but after reading and considering the 
comments, we determined that a public hearing would provide no 
additional information and would not aid the rulemaking process.
    On July 6, 1999, we published a Supplemental Notice of Proposed 
Rulemaking (SNPRM) entitled ``Drawbridge Operation Regulations; Debbies 
Creek, New Jersey'' in the Federal Register (64 FR 36318). We received 
no comments on the supplemental notice of proposed rulemaking. No 
public hearing was requested, and none was held.

Background and Purpose

    The Monmouth 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) part 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 had 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 the proposed rule. After consideration of the 
comments and further discussions with BCFCM, the Coast Guard determined 
that since vessel use from January 1 through March 31 was primarily 
during the daylight hours, an alternative proposal, as set forth in the 
SNPRM was appropriate. The Coast Guard also believes that enumeration 
and rewording will 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. 
Nine comments opposed the proposed change as unreasonable and unfair. 
The remaining comment suggested manning the bridge between the hours of 
8 a.m. and 4:30 p.m. during January and February, and between 8 a.m. 
and 6 p.m. or 7 p.m. in the month of March with a 24-hour advance 
notice at all other times. All commenters generally indicated that a 
24-hour advance notice would be inconvenient and was excessive due to 
the unpredictable weather conditions. 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 timeframes, bridge logs from 1989 to 1997 showed a total of 104 
vessel openings. The Coast Guard responded to the comments by reducing 
the 24-hour advance notice requirement in our original proposal to only 
four hours.
    The Coast Guard received no comments opposing our new proposal and 
is amending 33 CFR 117.715 by inserting a new provision requiring a 
four-hour advance notice for bridge openings from January 1 through 
April

[[Page 59625]]

1, between the hours of 4:30 p.m. to 8 a.m. Additionally, to ensure 
clarity and consistency of the operating regulation, the text of the 
current 33 CFR 117.715 will be enumerated and reworded.

Regulatory Evaluation

    This 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. The 
Office of Management and Budget has not reviewed it 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 reached this conclusion based on the fact that the 
final rule will not prevent mariners from transiting the bridge, but 
merely require mariners to plan their transits and to provide the four-
hour advance notice to the bridge tender.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This conclusion is based on the fact that this rule will 
continue to provide openings to mariners on a schedule they are 
accustomed to, and merely require advance notice for openings during 
nighttime transits.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1966 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effect on them and participate in the rulemaking process. This was 
accomplished by publication of a NPRM in the Federal Register, 
consideration of comments received in response to the NPRM, and 
subsequent issuance of a SNPRM based on those comments.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 12612 and have 
determined that this rule does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act and Enhancing the Intergovernmental 
Partnership

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and 
E.O. 12875, Enhancing the Intergovernmental Partnership (58 FR 58093, 
October 28, 1993) govern the issuance of Federal regulations that 
require unfunded mandates. An unfunded mandate is a regulation that 
requires a State, local, or tribal government or the private sector to 
incur direct costs without the Federal Government's having first 
provided the funds to pay those unfunded mandate costs. This rule will 
not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (32e) of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. This rule only deals with the operating 
schedule of an existing drawbridge, and will have no effect on the 
environment. 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 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 117.715 is revised to read as follows:


Sec. 117.715  Debbies Creek.

    (a) The draw of the Monmouth County highway bridge, mile 0.4 at 
Manasquan, shall open on signal, except as follows:
    (1) From 4:30 p.m. January 1 through 8 a.m. April 1, from 4:30 p.m. 
to 8 a.m., the draw need open only if at least four-hours advance 
notice is given.
    (2) 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.
    (b) The owners of the bridge shall provide and keep in good legible 
condition two board gauges 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 gauges shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.

    Dated: October 20, 1999.
John E. Shkor,
Vice Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 99-28612 Filed 11-2-99; 8:15 am]
BILLING CODE 4910-15-U