[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Rules and Regulations]
[Pages 67549-67551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28242]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-122]
RIN 2115-AE47


Drawbridge Operation Regulations; Shrewsbury River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulations that govern the Monmouth County highway bridge, 
at mile 4.0, across the Shrewsbury River at Sea Bright, New Jersey. 
This temporary change to the drawbridge operation regulations allows 
the bridge to remain closed to navigation with required openings only 
at 6 a.m., 10 a.m., 2 p.m., and 6 p.m. after a twelve-hour advance 
notice is given, from November 8, 2002 through February 28, 2003. This 
action is necessary to facilitate structural repairs at the bridge.

DATES: This rule is effective from November 8, 2002 through February 
28, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD01-02-122) and are available for 
inspection or copying at the First Coast Guard District, Bridge 
Administration Office, 408 Atlantic Avenue, Boston, Massachusetts, 
02110-3350, between 7 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Arca, Project Officer, 
First Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the

[[Page 67550]]

Coast Guard finds that good cause exists for not publishing an NPRM and 
under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register.
    On July 12, 2001, the Coast Guard published an NPRM (66 FR 36527) 
[CGD01-01-095] entitled Drawbridge Operation Regulations Shrewsbury 
River, New Jersey. That NPRM requested public comment regarding the 
proposal to temporarily change the drawbridge operation regulations, 
from November 1, 2001 through February 28, 2002. Under that proposal 
the bridge would be required to open only four times each day provided 
a twelve-hour advance notice was given. No comments or objections were 
received in response to the NPRM published in 2001.
    The repair project and temporary operating schedule for 2001 were 
cancelled for fiscal year 2001 due to contractual issues. As a result 
of the failure to resolve the contractual issues the project was 
rescheduled to start in November 2002, a year later than originally 
planned.
    The bridge owner recently renewed its request to temporarily change 
the bridge operating regulations from November 8, 2002 through February 
28, 2003. The temporary operating schedule in this rule is identical to 
the schedule previously published in the notice of proposed rulemaking 
last year, under which the bridge will be available to open for vessel 
traffic four times each day provided a twelve-hour notice is given.
    Opening requests received at the Monmouth County highway bridge 
during the November to February time period each year have been 
relatively low. In addition, the Coast Guard coordinated the bridge 
repair project and related temporary bridge opening schedule with the 
mariners who operate on the Shrewsbury River. All those we contacted 
agreed that the proposed bridge opening schedule would meet the needs 
of waterway users. The effective period of this temporary rule is 
traditionally the most dormant season for vessel traffic on the 
Shrewsbury River and, accordingly, the best time to perform the 
necessary repairs at the bridge.
    The Coast Guard believes that an NPRM is unnecessary because of the 
relatively low number of opening requests received at the bridge 
November through February and the advance coordination effort made by 
the Coast Guard to coordinate the temporary bridge opening schedule 
with the mariners.
    Good cause exists for making this regulation effective in less than 
30 days after publication in the Federal Register because any delay 
encountered in this regulation's effective date would be unnecessary 
and contrary to the public interest. Delaying the start of this project 
would also delay the completion date of this project, disrupting 
vehicular and marine traffic next spring when traffic is much heavier 
than during the winter months when this temporary operating schedule 
will be in effect.

Background and Purpose

    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 to be performed from November 2001 
through February 2002.
    The Coast Guard published a notice of proposed rulemaking in July 
2001. That rule proposed that the bridge open only at 6 a.m., 10 a.m., 
2 p.m., and 6 p.m., after a twelve-hour advance notice was given. It 
was scheduled to go into effect from November 1, 2001 through February 
28, 2002, but the project was cancelled before the rulemaking resulted 
in a temporary final rule. It was subsequently postponed a year due to 
contractual problems.
    The bridge owner has again asked the Coast Guard to temporarily 
change the regulations governing the Monmouth County highway bridge to 
allow the operating schedule proposed last year to go into effect this 
year from November 8, 2002 through February 28, 2003. The Coast Guard 
contacted the mariners who operate on the Shrewsbury River regarding 
this temporary operating schedule and no objections were received.

Discussion of Rule

    This temporary change to the drawbridge operation regulations will 
require the bridge to open only at 6 a.m., 10 a.m., 2 p.m., and 6 p.m. 
after a twelve-hour advance notice is given. The timed openings and the 
advance notice requirement are necessary to allow the contractor 
sufficient time to remove equipment and materials from the bridge in 
order to provide bridge openings.
    The number of requests to open the bridge from November through 
February in past years have been relatively low.

------------------------------------------------------------------------
                                    1999-2000    2000-2001    2001-2002
------------------------------------------------------------------------
November.........................           68           85          137
December.........................           31           38           55
January..........................           14            6           19
February.........................            7           13            8
------------------------------------------------------------------------

    The Coast Guard believes this temporary final rule 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 rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 will continue 
to open for marine traffic on a set daily schedule.

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.

[[Page 67551]]

    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 the bridge will continue 
to open for marine traffic on a set schedule.

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.

Indian Tribal Governments

    This final 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1D, 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. From November 8, 2002 through February 28, 2003, Sec.  117.755 
is temporarily amended by suspending paragraph (b) and adding 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. 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.

    Dated: October 28, 2002.
J.L. Grenier,
Captain, USCG, Acting Commander, First Coast Guard District.
[FR Doc. 02-28242 Filed 11-5-02; 8:45 am]
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