[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Rules and Regulations]
[Pages 71653-71655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33212]


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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.


[[Page 71654]]


ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations governing 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 final rule 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: This rule is effective January 21, 2000.

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 (CGD01-99-075) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 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:

Regulatory Information

    On September 1, 1999, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Navasink River, New 
Jersey, in the Federal Register (64 FR 47751). We received no comments 
in response to the notice of proposed rulemaking. No public hearing was 
requested and none was held.

Background and Purpose

    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 require the bridge to open on signal at all 
times.
    The bridge owner, the County of Monmouth, asked the Coast Guard to 
change the regulations for the bridge and submitted bridge opening log 
data for the Coast Guard to evaluate.
    The log data indicated the following number of openings:

------------------------------------------------------------------------
                                        1994   1995   1996   1997   1998
------------------------------------------------------------------------
December.............................      4     12      9      6      8
January..............................      1      1     14      2      6
February.............................      1      1      0      1     10
March................................     11     13      4      6     13
------------------------------------------------------------------------

    The bridge owner asked the Coast Guard to change the regulations to 
require a twenty-four hour advance notice for openings from December 
through March. The bridge opening log data shows that during this time 
period there have been few requests to open the bridge. The Coast Guard 
believes the bridge owner's request to not crew the bridge during the 
winter months and the twenty-four hour advance notice requirement are 
reasonable based upon the low number of bridge openings during that 
time period.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking and no changes have been made to this final rule.

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). 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 hours notice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) 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 less than 50,000.
    For reasons discussed in the Regulatory Evaluation section above, 
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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs 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

    The Coast Guard considered the environmental impact of this rule 
and

[[Page 71655]]

concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this 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 ``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 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 117.734 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 gauges with figures not less than eight 
inches high, designed, installed and maintained according to the 
provisions of Sec. 118.160 of this chapter.

    Dated: December 8, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard.
[FR Doc. 99-33212 Filed 12-21-99; 8:45 am]
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