[Federal Register Volume 68, Number 24 (Wednesday, February 5, 2003)]
[Proposed Rules]
[Pages 5858-5860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2696]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-03-002]
RIN 2115-AE47


Drawbridge Operation Regulations; Shrewsbury River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations governing the operation of the Route 36 Bridge, mile 1.8, 
across the Shrewsbury River at Highlands, New Jersey. This proposed 
change to the drawbridge operation regulations would synchronize the 
drawbridge opening schedules for the two moveable bridges across the 
Shrewsbury River during the boating season. This action is necessary to 
meet the present needs of navigation.

DATES: Comments must reach the Coast Guard on or before April 7, 2003.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District Bridge Branch, One South Street, Battery Park Building, New 
York, New York 10004, 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 (212) 668-7165. 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: Joe Arca, 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 (CGD01-03-
002), 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.

[[Page 5859]]

Background

    The Route 36 Bridge, mile 1.8, across the Shrewsbury River at 
Highlands, New Jersey, has a vertical clearance of 35 feet at mean high 
water and 39 feet at mean low water.
    The existing regulations listed at 33 CFR 117.755, require the 
Route 36 Bridge to open on signal; except that, from May 15 through 
October 15, 7 a.m. to 8 p.m., the draw need open only at quarter before 
the hour and quarter after the hour.
    The Coast Guard received requests from mariners to change the 
drawbridge operation regulations that govern the Route 36 Bridge. 
Presently the two moveable bridges across the Shrewsbury River, the 
Route 36 Bridge, and the Monmouth County highway bridge, have staggered 
opening schedules during the boating season. The mariners have asked 
the Coast Guard to change the opening schedule for the Route 36 Bridge 
in order to synchronize the bridge opening times for the two moveable 
bridges during the boating season to help reduce vessel transit delays 
and enhance boating safety.
    The second moveable bridge across the Shrewsbury River, the 
Monmouth County highway bridge, at mile 4.0, is required to open on 
signal; except that, from May 15 through September 30, on Saturdays, 
Sundays, and holidays, from 9 a.m. to 7 p.m., the draw need open only 
on the hour and half hour.
    This proposed rule if adopted would synchronize the bridge opening 
times at the two bridges by requiring the Route 36 Bridge to open on 
signal from May 15 through October 15, 7 a.m. to 8 p.m., on the hour 
and half hour only.
    This proposed change is expected to better meet the present needs 
of navigation.

Discussion of Proposal

    This proposed change would amend 33 CFR 117.755 by revising 
paragraph (a), which lists the Route 36 Bridge drawbridge operation 
regulations. This proposed change would allow the Route 36 Bridge to 
open on signal; except that, from May 15 through October 15, from 7 
a.m. to 8 p.m., the draw need open only on the hour and half hour.

Regulatory Evaluation

    This proposed 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 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 synchronization of 
the opening times for the moveable bridges across the Shrewsbury River 
will better meet the present needs of 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 on the fact that the synchronization of 
the opening times for the moveable bridges across the Shrewsbury River 
will better meet the present needs of 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

    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 proposed 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 a 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply,

[[Page 5860]]

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 considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1d, 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.

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 117.755 is amended by revising paragraph (a) to read as 
follows:


Sec.  117.755  Shrewsbury River.

    (a) The Route 36 Bridge, mile 1.8, at Highlands, New Jersey, shall 
open on signal; except that, from May 15 through October 15, 7 a.m. to 
8 p.m., the draw need open on the hour and half hour only. The owners 
of the bridge shall provide and keep in good legible condition, two 
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: January 23, 2003.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 03-2696 Filed 2-4-03; 8:45 am]
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