[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Proposed Rules]
[Pages 32777-32779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15054]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0460]
RIN 1625-AA09


Drawbridge Operation Regulation; Shrewsbury River, Sea Bright, 
New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Monmouth County Highway Bridge (alternatively referred to 
as the ``Sea Bright Bridge'' or the ``S-32 Bridge'') across the 
Shrewsbury River, mile 4.0 at Sea Bright, New Jersey. The bridge owner 
submitted a request to reduce scheduled openings of the span and 
include Fridays within the seasonal weekend operating schedule for the 
bridge. It is expected this change to the regulations will better serve 
the needs of the community while continuing to meet the reasonable 
needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before September 18, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0460 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. James Moore, Project Officer, First Coast Guard 
District, telephone 212-514-4334, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Monmouth County Highway Bridge, mile 4.0, across the Shrewsbury 
River at Sea Bright, New Jersey, offers mariners a vertical clearance 
of 15 feet at Mean High Water and 17 feet at Mean Low Water when the 
span is in the closed position. Vertical clearance is unlimited when 
the draw is open. Horizontal clearance is 75 feet. Waterway users 
include recreational and a limited number of commercial vessels 
including tug/barge combinations.
    The existing drawbridge regulation, 33 CFR 117.755, requires the 
draw of the Monmouth County Highway Bridge to open as follows:
    The draw shall open on signal at all times; except that, from May 
15 through September 30, on Saturday, Sunday and holidays, between 9 
a.m. and 7 p.m., the draw need open only on the hour and half hour.
    This regulation has been in effect since July 6, 2010. The owner of 
the bridge, the Monmouth County Board of Chosen Freeholders, requested 
a change to the drawbridge operating regulations given the increased 
volume of vehicular traffic crossing the bridge associated with the 
summer months. This increased vehicular traffic coupled with bridge 
openings for vessels on the hour as well as the half-hour has resulted 
in lengthy traffic jams on either side of the bridge during peak travel 
hours. Traffic congestion will be relieved through reduction of 
required bridge openings for vessels.

[[Page 32778]]

    Monmouth County also requested that from May 15 to September 30 the 
modified operating regulations presently encompassing Saturdays, 
Sundays and holidays be expanded to include Fridays as well. Given the 
volume of vehicular traffic crossing the bridge at the beginning of the 
weekend, starting the modified weekend operating schedule on Friday 
will allow for more efficient and economical operation of the bridge.

III. Discussion of Proposed Rule

    Members of the public attending a meeting held in Rumson, New 
Jersey on April 5, 2016 indicated a desire to modify the operating 
regulations based on repeated experience with traffic jams on either 
side of the bridge associated with seasonal waterway traffic patterns. 
Analysis furnished by Monmouth County confirms that the seasonal nature 
of bridge openings negatively impacts the efficient flow of vehicular 
traffic. Moreover, the study indicates that reducing the number of 
scheduled openings for vessels will not significantly affect the 
movement of waterway traffic. It was also noted that vehicular traffic 
builds significantly on each successive Friday leading into the weekend 
over the course of the summer. Based on the analysis provided, the 
Coast Guard proposes to permanently change the drawbridge operating 
regulation 33 CFR 117.755.
    The proposed rule would allow the Monmouth County Highway Bridge to 
open as follows: The draw shall open on signal at all times; except 
that, from May 15 through September 30, on Friday, Saturday, Sunday and 
holidays, between 9 a.m. and 7 p.m., the draw need only open on the 
hour.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Coast Guard believes this rule is not a significant regulatory 
action. The bridge will open on the hour from 9 a.m. to 7 p.m. during 
Friday, Saturday, Sunday and Holidays throughout the summertime boating 
season, while still opening on signal during evening hours as well as 
through the autumn, winter and spring months. The minimum 15 foot 
vertical clearance available while the bridge is in the closed position 
is sufficient to allow a significant number of recreational vessels to 
safely and expeditiously pass through the draw without opening.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    For the reasons stated in Sections III. and IV. A. above, this 
proposed rule will not pose a significant economic impact on any vessel 
owner or operator.
    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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. 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.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, and Commandant Instruction 
M16475.l (series), which guides the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is 
one of a category of actions which do not individually or cumulatively 
have a significant effect on the human environment. This proposed rule 
simply promulgates the operating regulations or procedures for 
drawbridges. Normally such actions are

[[Page 32779]]

categorically excluded from further review, under figure 2-1, paragraph 
(32)(e), of the Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed rule. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice and all public comments are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Amend Sec.  117.755 by revising paragraph (a) to read as follows:


Sec.  117.755  Shrewsbury River

* * * * *
    (a) The draw shall open on signal at all times; except that, from 
May 15 through September 30, on Friday, Saturday, Sunday and holidays, 
between 9 a.m. and 7 p.m., the draw need open only on the hour.
* * * * *

    Dated: June 30, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-15054 Filed 7-17-17; 8:45 am]
 BILLING CODE 9110-04-P