[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Rules and Regulations]
[Pages 32619-32622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14496]
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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, Monmouth
County Highway Bridge, Sea Bright, New Jersey
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying 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 owner of the
bridge, the Monmouth County Board of Chosen Freeholders (Monmouth
County), submitted a request to reduce the number of bridge openings
during the summer months to better serve the needs of the community
while continuing to meet the reasonable needs of navigation.
DATES: This rule is effective July 23, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 32620]]
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0460 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Donna D. Leoce, Bridge Management Specialist, First
Coast Guard District, telephone (212) 514-4332, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On July 18, 2017, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Shrewsbury River,
Sea Bright, New Jersey'' in the Federal Register (82 FR 32777). We
received 129 comments from the NPRM. Further, Commander (dpb), First
Coast Guard District also published a Public Notice 1-155 dated July
28, 2017. The notice requested comments and directed those comments be
added to the docket. In response to the 129 comments received,
additional data was gathered, including follow-up meetings with
Monmouth County officials and review of bridge logs and traffic counts.
Subsequently, the Coast Guard tested a temporary deviation with an
alternate schedule for the 2018 boating season. On May 22, 2018 the
Coast Guard published a temporary deviation from the operating schedule
entitled, ``Drawbridge Operation Regulation; Shrewsbury River, Sea
Bright, New Jersey'' in the Federal Register (83 FR 23581). The 2018
proposed change to the bridge operating schedule was tested to
determine whether a permanent change was warranted to allow the draw to
open as follows:
The draw shall open on signal at all times; except that, from the
Friday before Memorial Day through Labor Day, on Friday, Saturday,
Sunday, and holidays, between 9 a.m. and 7 p.m., the draw need only
open on the hour.
One-hundred-twelve comments were received in response to the test
deviation. This number includes the comments received directly to U.S.
Coast Guard District One, Bridge Branch. We received a total of 241
comments from the 2017 NPRM and the 2018 test deviation.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. This final rule lessens prior
restrictions for notice requirements on the weekends and holidays
during the summer months, and provides set schedules for bridge
openings. The public comments in response to the test deviation and the
NPRM support the promulgation of the modified regulation to reduce the
notice required for bridge openings and set hourly openings for a
specific period of time during the summer months. Making this rule
effective as soon as possible within the timeframe most impacted
(Memorial Day to Labor Day) will serve the needs of the community while
continuing to meet the reasonable needs of navigation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Monmouth County Highway Bridge, mile 4.0, across the Shrewsbury
River at Sea Bright, New Jersey, has 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
vessels 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, 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. Monmouth County, the owner of the
bridge, requested a change to the drawbridge operating regulations
given the increased volume of vehicular traffic crossing the bridge
associated with the summer months. The increase of vehicular traffic
resulted in significant traffic congestion on either side of the bridge
during peak travel hours. The owner of the bridge asserted that traffic
congestion will be improved or relieved through reduction of required
bridge openings for vessels. In the summer of 2018, a deviation from
the operating regulation was tested, from the Friday before Memorial
Day through Labor Day. The operating regulations presently encompassing
Saturdays, Sundays, and holidays was expanded to include Fridays as
well, between 9 a.m. and 7 p.m., the draw was open only on the hour to
allow for more efficient and economical operation of the bridge, given
the volume of vehicular traffic crossing the bridge at the beginning of
the weekend.
Density patterns were recorded from the Monmouth County 2018 bridge
logs for the Friday, Saturday, Sunday, and Holiday timeframes. In June,
from the first through the fifth weekends, boats requiring bridge
openings numbered: 42, 50, 59, 52, and 76 respectfully. In July, from
the first through the fourth weekends, including the July 4th holiday,
boats requiring bridge openings numbered: 101, 41, 29, and 66,
respectively. In August through September 3, 2018, from the first
through the fifth weekend, boats requiring bridge openings numbered:
53, 40, 40, 77, and 22 respectively. The vessels that utilize the
waterway are primarily recreational power boats, as well as sailboats
and occasional commercial vessels including tugs and barges.
Recorded from the Monmouth County vehicle traffic counts transiting
east and west bound over the bridge from the first through the fifth
weekends, July through September 3, 2018 range from 11,000 to over
15,000 vehicle crossings.
IV. Discussion of Comments, Changes and the Final Rule
One-hundred and ninety-three comments of the 241 comments received
supported the modified and expanded bridge operating schedule; the
majority of comments citing an improved difference in the vehicle
traffic congestion or no difference in marine navigation, and
recommended making the regulation permanent. Additionally, comments
stated that emergency vehicles (including Fire Department/EMS and Law
Enforcement) are better able to respond to emergency calls. Some
comments indicated that switching to hourly weekend openings between 9
a.m. and 7 p.m. (as opposed to openings on the hour and the half-hour)
would likely mitigate (if not eliminate entirely) the worst aspects of
recurrent traffic jams through reduced bridge openings.
Thirty-one comments of the 241 comments received did not support
the proposed hourly weekend opening schedule. These comments suggested
that the modified bridge operation schedule either did not make a
difference in the level of vehicular traffic congestion and actually
created even more vehicular traffic or that hourly openings created
marine safety issues or were inconvenient for boaters. Some commenters
additionally note that
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a backup in marine traffic could pose an environmental issue, due to
increased diesel exhaust in the area from boats idling awaiting the
bridge opening. In addition, some commenters stated bridge tenders tend
to leave bridge open too long. While this may be the case, the Coast
Guard believes on-site bridge tenders have a clear view of the waterway
and are the best persons to determine safe situations for vessel
transits.
Some commenters suggested instead of changing the bridge opening
schedule that unnecessary bridge openings could be avoided by training
bridge tenders to demand antennas and outriggers be lowered. The Coast
Guard disagrees with this suggestion, as the regulations found in 33
CFR 117.11 discuss the unnecessary openings of drawbridge, including
vessels who have not lowered all appurantances that can be lowered. Any
complaints of non-compliance of these regulations shall be reported to
the Coast Guard.
Other comments stated when the bridge is open every hour and half
hour, boat traffic moves through more quickly and road traffic is not
delayed as long as during the hourly openings. While the Coast Guard
agrees that boat traffic would be faster with the half hour openings
compared to hourly openings, = we disagree with the assertion that road
traffic is not effected. After review of the vessel and traffic counts
presented in Section III above and follow-up discussions with Monmouth
County engineers, the Coast Guard concluded that there is an
improvement to land traffic with little effect to marine traffic.
Lastly, some commenters stated the test deviation created more
hazardous conditions, including increased congestion on the water and a
higher risk for accidents due to inexperienced boaters, currents, and
difficulty maneuvering. While the Coast Guard agrees the waterway is
narrow and challenging to maneuver during tidal cycles, mariners should
be knowledgeable of the waterway ``Rules of the Road'' and be able to
plan their voyages accordingly under this modified regulation to enable
safe transits through the bridge. In response to the additional
comments summarized that a new, higher bridge should be built, Monmouth
County is in the pre-application phase of concept development for a new
bridge and the public will have an opportunity to comment.
Some comments expressed either no clear preference or alternate
suggestions to the proposed rule change. The suggested alternatives
offered by commenters included: 1. Curtailing the bridge openings on
the weekends further to every two hours or not at all; 2. Opening the
bridge every 45 minutes within the specific hour window in the proposed
rule; 3. Shrinking the hourly opening window to between 11:00 and 4:00
p.m. The agency considered all options presented by commenters. As
stated, the agency feels that the proposed rule strikes the correct
balance between relieving traffic congestion issues and boater safety,
and declines to adopt the proposed suggestions.
It is the Coast Guard's opinion that this rule meets the reasonable
needs of marine navigation with a positive effect on vehicular and
pedestrian traffic. The rule allows for more efficient and economical
operation of the bridge. Further, the new schedule balances the
seasonally high volume of roadway traffic crossing the bridge during
peak hours, with the existing needs of marine traffic.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it 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 received no comments from the Small Business
Administration on this rule. 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. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section V.A. above, this final rule would not have a
significant economic impact on any vessel owner or operator. 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 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.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. 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).
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
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the States, or on the distribution of power and responsibilities among
the various levels of government. We have analyzed this 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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. The
Coast Guard received no comments on this section. If you believe this
rule has implications for federalism or Indian tribes, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. The Coast Guard received no comments on this section.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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
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 rule simply promulgates the operating regulations or
procedures for drawbridges. This action is 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 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.
List of Subjects in 33 CFR Part 117
Bridges.
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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.755, paragraph (a) is revised to read as follows:
Sec. 117.755 Shrewsbury River.
* * * * *
(a) The draw shall open on signal at all times; except that, from
the Friday before Memorial Day through Labor Day, on Friday, Saturday,
Sunday and holidays, between 9 a.m. and 7.pm., the draw need only open
on the hour.
* * * * *
Dated: June 17, 2019.
R.W. Warren,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2019-14496 Filed 7-8-19; 8:45 am]
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