[Federal Register Volume 68, Number 112 (Wednesday, June 11, 2003)]
[Rules and Regulations]
[Pages 34801-34803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14802]



[[Page 34801]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-02-054]
RIN 1625-AA09


Drawbridge Operation Regulations; Manasquan River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations for the 
Route 70 Bridge across Manasquan River, mile 3.4, at Riviera Beach, New 
Jersey. The final rule will require the draw of the bridge to open on 
signal on the hour, except that from 11 p.m. to 7 a.m. and on Monday 
through Friday from 4 p.m. to 7 p.m., the draw need not be opened. This 
change would reduce traffic delays while still providing for the 
reasonable needs of navigation.

DATES: This rule is effective July 11, 2003.

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 CCGD05-02-054 and are available for inspection or 
copying at Commander (oan), 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.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On September 12, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Manasquan River, 
New Jersey'' in the Federal Register (67 FR 57773). We received 14 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held.
    On March 20, 2003, we published a supplemental notice of proposed 
rulemaking (SNPRM) entitled ``Drawbridge Operation Regulations; 
Manasquan River, New Jersey'' in the Federal Register (68 FR 13641). We 
received 10 letters commenting on the supplemental proposed rule. No 
public meeting was requested, and none was held.

Background and Purpose

    The Route 70 Bridge is a movable bridge (single-leaf bascule) owned 
and operated by the New Jersey Department of Transportation (NJDOT) 
connecting the Borough of Point Pleasant and Brick Township in Ocean 
County with Brielle Borough and Wall Township in Monmouth County. 
Currently, Title 33 Code of Federal Regulations (CFR) Part 117.727 
requires that the draw of the S70 Bridge, mile 3.4 at Riviera Beach, 
shall open on signal from 7 a.m. to 11 p.m. The draw need not be opened 
from 11 p.m. to 7 a.m. In the closed position to vessels, the bridge 
has a vertical navigation clearance of approximately 15 feet at mean 
high water.
    On behalf of residents and business owners in the area, NJDOT 
requested changes to the existing regulations for the Route 70 Bridge 
in an effort to balance the needs of mariners and vehicle drivers 
transiting in and around this seaside resort area. Route 70 is a 
principal arterial highway that serves as a major evacuation route in 
the event of tidal emergencies. Bridge openings at peak traffic hours 
during the tourist season often cause considerable vehicular traffic 
congestion while accommodating relatively few vessels. To ease traffic 
congestion, NJDOT requested that the movement of marine traffic be 
regulated. We reviewed NJDOT's yearly drawbridge logs for 1999, 2000, 
and 2001, which revealed that the bridge opened for vessels 1028, 1026, 
and 1020 times, respectively. During the peak boating season from May 
through September, the logs revealed from 1999 to 2001, the bridge 
opened 750, 792, and 794 times, respectively. With an average of only 
five openings per day during the prime boating period, NJDOT contends 
that vessel traffic through the bridge is minimal. Also, NJDOT 
officials, residents and business owners pointed out that from 4 p.m. 
to 7 p.m. on Fridays, vehicular traffic congestion is at its peak. 
During the peak boating season from May through September, the logs 
revealed from 1999 to 2001, the bridge opened from 4 p.m. to 7 p.m. on 
Fridays, 36, 35, and 26 times, respectively. Limiting the openings of 
the draw year-round from 7 a.m. to 11 p.m. to once an hour and no 
openings required from 4 p.m. to 7 p.m. on Fridays would enhance 
vehicular traffic without significantly affecting vessel traffic. The 
Coast Guard received 14 comments on the NPRM; most suggesting 
additional changes to the proposed regulations.
    Based on these comments and our further review of the bridge logs, 
the Coast Guard considered the minimal number of openings year-round 
during the closure period from 4 p.m. to 7 p.m. that included Monday 
through Thursday, an alternative proposal, as set forth in the SNPRM, 
was appropriate.

Discussion of Comments and Changes

    The Coast Guard received 14 comments on the NPRM. Eleven letters 
supported the proposed changes to the regulations, two responses 
opposed the proposed changes and another comment suggested a height 
restriction placed on vessels that travel under the bridge.
    Of the 11 letters supporting the proposed changes to the 
regulations, five letters went further in asking to extend the 
suggested ``no openings'' on Fridays from 4 p.m. to 7 p.m. to include 
Monday through Thursday; two letters supported the proposal without 
changes; one comment requested commuter hours from 6:30 a.m. to 8:30 
a.m. and 5 p.m. to 7 p.m.; one comment requested no openings of the 
bridge on any days between 5 p.m. and 7 p.m.; and another letter 
considered operating the bridge to open hourly from 8 a.m. to 4 p.m. 
during the months of March, April, October and November and only open 
with a 24-hour advance notice during December, January and February. 
Two comments, one from the U.S. Fish and Wildlife Service and the other 
from the New Jersey Historic Preservation Office, had no objection to 
the issuance of the proposed regulations.
    Two of the remaining three comments opposed the proposed changes to 
the regulations and one had no opinion to the proposed regulation. One 
comment from a yacht club stated that their membership objects to any 
changes to the proposed regulations for the following reasons: safety, 
the environment and liability losses. Another comment had suggested a 
reduction of the bridge closure to 5 p.m. to 7 p.m. especially if done 
five days a week, and emergency openings for boater safety. The Coast 
Guard responded to these comments and indicated that in the event of 
marine emergency Title 33 CFR part 117.31, ``Operation of draw for 
emergency situations,'' adequately provides for vessels for unscheduled 
openings of the bridge. The last comment requested a height restriction 
placed on vessels with lowerable appurtenances (i.e. antennas etc.) 
that transit under the bridge. Further review of the bridge logs reveal 
from 1999 through 2001, the bridge opened year-round from 4 p.m. to 7 
p.m., Mondays through Thursdays, 72, 73, and 60 times respectively. The 
Coast Guard responded to the comments by limiting the required openings 
of the

[[Page 34802]]

draw year-round from 7 a.m. to 11 p.m. to once an hour with closure 
periods from 4 p.m. to 7 p.m. Mondays through Fridays.
    The Coast Guard received ten comments on the SNPRM. Eight 
supported, one opposed and another had no opinion to the supplemental 
proposal. Of the eight supporting the supplemental proposed changes, 
four also indicated that passage under the bridge can also be 
accomplished by vessel owners lowering their lowerable appurtenances 
(i.e. antennas, outriggers etc.), two supported the regulations without 
changes, one was a resolution from the Borough of Brielle in support of 
the regulations, and one from the U.S. Fish and Wildlife Service which 
had no objections to the issuance of the supplemental proposed 
regulations.
    One of the remaining two comments opposed and the other had no 
opinion to the supplemental proposed changes. The opposing comment 
considered the weekday closure period from 4 p.m. to 7 p.m. a major 
inconvenience to commercial fishing boats entering Manasquan Inlet. The 
remaining comment only indicated that the bridge should never have been 
``on demand.'' All comments and the Coast Guard's written response to 
those comments are contained in the docket.
    Based on these comments to the new proposal, the lowering of non-
structural vessel appurtenances that are not essential to navigation 
and the minimal number of openings identified by the bridge logs, the 
Coast Guard is amending 33 CFR 117.727 with a new provision to limit 
the openings of the draw year-round from 7 a.m. to 11 p.m. to once an 
hour with closure periods from 4 p.m. to 7 p.m. Mondays through 
Fridays.

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 Homeland 
Security (DHS).
    We reached this conclusion based on the fact that the final rule 
has only a minimal impact on maritime traffic transiting the bridge. 
Mariners can plan their trips in accordance with the scheduled bridge 
openings and lower their non-structural appurtenances that are not 
essential to navigation to further minimize delay.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 final rule will not have a significant economic impact on a 
substantial number of small entities because the rule only adds minimal 
restrictions to the movement of navigation and mariners who plan their 
transits in accordance with the scheduled bridge openings can minimize 
delay.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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 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 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 affect 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 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 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

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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. The Administrator 
of the Office of Information and Regulatory Affairs has not designated 
it 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.lD, this rule is categorically excluded from further 
environmental documentation. The final rule only involves the operation 
of an existing drawbridge and will not have any impact to the 
environment. A ``Categorical Exclusion Determination'' is available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of P.L. 102-587, 106 Stat. 5039.


0
2. Sec.  117.727 is revised to read as follows:


Sec.  117.727  Manasquan River.

    The draw of the Route 70 Bridge, mile 3.4, at Riviera Beach, shall 
open on signal on the hour, except that from 4 p.m. to 7 p.m. Monday 
through Friday and from 11 p.m. to 7 a.m., every day the draw need not 
be opened.

    Dated: June 3, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-14802 Filed 6-10-03; 8:45 am]
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