[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Proposed Rules]
[Pages 36527-36528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17387]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-095]
RIN 2115-AE47


Drawbridge Operation Regulations; Shrewsbury River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to temporarily change the drawbridge 
operating regulations governing the operation of the Monmouth County 
highway bridge, at mile 4.0, across the Shrewsbury River at Sea Bright, 
New Jersey. This proposed temporary change to the drawbridge operation 
regulations would allow the bridge owner to open the bridge at 6 a.m., 
10 a.m., 2 p.m., and 6 p.m., only, from November 1, 2001 through 
February 28, 2002. A twelve-hour advance notice would be required for 
all bridge openings. This action is necessary to facilitate structural 
repairs at the bridge.

DATES: Comments must reach the Coast Guard on or before September 10, 
2001.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, or deliver them to the same address between 7 a.m. and 3 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 material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the First 
Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Judy Yee, Project Officer, First Coast 
Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-01-
0), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background

    The Monmouth County highway bridge, at mile 4.0, across the 
Shrewsbury River has a vertical clearance of 15 feet at mean high water 
and 17 feet at mean low water. The existing regulations are listed at 
33 CFR 117.755.
    The bridge owner, Monmouth County, asked the Coast Guard to 
temporarily change the drawbridge operation regulations to facilitate 
structural repairs at the bridge. This proposed temporary rule would 
allow the bridge owner to open the bridge at 6 a.m., 10 a.m., 2 p.m., 
and 6 p.m., only, from November 1, 2001 through February 28, 2002. A 
twelve-hour advance notice would be required for all bridge openings.

Discussion of Proposal

    This proposed temporary change to the drawbridge operation 
regulations would allow the bridge owner to open the bridge at 6 a.m., 
10 a.m., 2 p.m., and 6 p.m., only, after a twelve-hour advance notice 
is given, while structural repairs are underway at the bridge.
    The timed openings and the advance notice requirement are necessary 
to assist in scheduling repairs and to allow the contractor sufficient 
time to remove equipment and materials from the bridge in order to 
provide bridge openings.
    The number of bridge openings from November through February in 
past years have been relatively low. The bridge opening log data for 
November through February for the past two years is as follows:

------------------------------------------------------------------------
                                                    1999-2000  2000-2001
------------------------------------------------------------------------
November..........................................        68         85
December..........................................        31         38

[[Page 36528]]

 
January...........................................        14          6
February..........................................         7         13
------------------------------------------------------------------------

    The Coast Guard believes this rulemaking is reasonable based upon 
the relatively low number of bridge opening requests during past years 
November through February and the fact that this work is necessary 
maintenance required to assure continued uninterrupted operation of the 
bridge.

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 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, Feb. 
26, 1979).
    We expect 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 will still continue to 
open daily for navigation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 section 5 U.S.C. 605(b), that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This conclusion is based upon the 
fact that the bridge will still continue to open daily for navigation.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Collection of Information

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

Federalism

    We have analyzed this proposed rule under E.O. 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 costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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 proposed rule and 
concluded that, under 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 have been found not to have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this rule.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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. From November 1, 2001, through February 28, 2002, in 
Sec. 117.755 temporarily suspend paragraph (b) and add a new paragraph 
(c) to read as follows:


Sec. 117.755  Shrewsbury River.

* * * * *
    (c) The Monmouth County highway bridge, mile 4.0, at sea Bright 
shall open on signal at 6 a.m., 10 a.m., 2 p.m., and 6 p.m., after at 
least a twelve-hour advance notice is given. Advance notice may be 
given by calling the number posted at the bridge.

    Dated: June 25, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-17387 Filed 7-11-01; 8:45 am]
BILLING CODE 4910-15-P