[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43303-43304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18525]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-03-002]
RIN 1625-AA09


Drawbridge Operation Regulations; Shrewsbury River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations governing the operation of the Route 36 Bridge, mile 1.8, 
across The Shrewsbury River at Highlands, New Jersey. This final rule 
will 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: This rule is effective August 21, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD01-03-002) 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. Joe Arca, Project Officer, First 
Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 5, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Shrewsbury River, New 
Jersey, in the Federal Register (68 FR 5858). We received one comment 
letter in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held.

Background and Purpose

    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(a), 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, with a vertical clearance 
of 15 feet at mean high water and 17 feet at mean low water. The 
existing regulations listed at 33 CFR 117.755(b), require the bridge 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 final rule will 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.

Discussion of Comments and Changes

    The Coast Guard received one comment letter opposed to the proposed 
rule change. That comment opposed having synchronous bridge openings at 
the Route 36 Bridge, mile 1.8, and the Monmouth County highway bridge, 
at mile 4.0, across the Shrewsbury River in New Jersey.
    The objection stated that powerboats would be required to wait for 
bridge openings creating an unsafe condition on the waterway which 
would result in hardship for marine businesses in the area.
    The Route 36 Bridge, with a vertical clearance of 35 ft above mean 
high water, passes the vast majority of power vessels without requiring 
an opening. This rule change, to synchronize both bridges operating 
schedules, was requested to assist the lower-powered sailboats that 
cannot transit between the bridges quickly enough to make consecutive 
bridge openings. The ensuing 20-25 minute wait for sailboats in swift 
river currents creates a hazardous navigational condition.
    The potential for an adverse effect on marine businesses is not 
supported by the fact that only a few power vessels may have to wait up 
to 20 minutes for bridge openings.

[[Page 43304]]

    As a result of the above information the Coast Guard believes this 
final rule is reasonable and will meet the reasonable needs of 
navigation; therefore, 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, 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).
    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 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.
    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 synchronization of 
the opening times for the moveable bridges across the Shrewsbury River 
will better meet the present needs of navigation.

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 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 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

0
For the reasons set out 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; 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.

0
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: July 1, 2003.
Vivien S. Crea,
Rear Admiral, Coast Guard, Commander, First Coast Guard District.
[FR Doc. 03-18525 Filed 7-21-03; 8:45 am]
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