Drawbridge Operation Regulations; Debbies Creek, New Jersey

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-111]

RIN 2115-AE47

Drawbridge Operation Regulations; Debbies Creek, New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the regulations

governing the operation of the Monmouth County highway bridge, at mile

0.4, across Debbies Creek, at Manasquan, New Jersey. The proposal would

continue to provide the current opening schedule, except that from

January 1 through March 31, a 24 hour advance notice would be required.

This change is intended to relieve the bridge owner of the burden of

having a bridge tender staff the bridge during periods when there are

few or no requests for openings, while still providing for the

reasonable needs of navigation. In addition, the Coast Guard proposes

enumeration and rewording of the current regulation to ensure clarity

and consistency.

DATES: Comments must be received on or before March 23, 1999.

ADDRESSES: Comments may be mailed to Commander (Aowb), USCG Atlantic

Area, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth,

Virginia 23704-5004, or may be hand-delivered to the same address

between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal

holidays. The telephone number is (757) 398-6222. Comments will become

part of this docket and will be available for inspection and copying at

the above address.

FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator, USCG

Atlantic Area, (757) 398-6222.

SUPPLEMENTARY INFOMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, comments, data, or

arguments. Persons submitting comments should include their names and

addresses and should identify this rulemaking (CGD05-98-111).

Commenters should identify the specific section of this proposed rule

to which each comment applies, and give reasons for each comment. The

Coast Guard requests that all comments and attachments be submitted in

an unbound format suitable for copying and electronic filing. If that

is not practical, a second copy of any bound material is requested.

Persons wanting acknowledgment of receipt of comments should enclose a

stamped, self-addressed postcard or envelope. The Coast Guard will

consider all comments received during the comment period. It may change

this proposed rule in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the address listed under ADDRESSES. The

request should include reasons why a hearing would be beneficial. If it

determines that the opportunity for oral presentations will aid this

rulemaking, the Coast Guard will hold a public hearing at a time and

place announced by a later notice in the Federal Register.

Background and Purpose

The Monmouth County highway bridge is owned and operated by the

Board of Chosen Freeholders of the County of Monmouth (BCFCM) in New

Jersey. Title 33 Code of Federal Regulations (CFR) Part 117.715

requires the bridge to open on signal, except that, from Memorial Day

through Labor Day from 7 a.m. to 8 p.m., the draw need be opened only

on the hour and the half hour if any vessels are waiting to pass.

The BCFCM has requested a change in the regulation to require a 24

hour advance notice for bridge openings from January 1 through March

31. Bridge logs from 1989 through 1997 revealed a total of 496 bridge

openings in the months of January, February and March. During this

period, bridge tenders received an average of approximately 18 bridge-

opening requests per month. Considering the minimal number of openings

identified by the bridge logs, the Coast Guard believes that the

proposed changes will more fairly balance the competing needs of

vehicular and vessel traffic. The Coast Guard also believes that

enumeration and rewording would clarify the current regulation.

Discussion of Proposed Amendments

The Coast Guard proposes to amend 33 CFR 117.715 by inserting a new

provision requiring a 24 hour advance notice for bridge openings from

January 1 through March 31. Additionally, to ensure clarity and

consistency of the operating regulation, the text of the current 33 CFR

117.715 would be enumerated and reworded.

Regulatory Evaluation

This proposed rule is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require an

assessment of potential costs and benefits under section 6(a)(3) of

that order. It has been exempted from review by the Office of

Management and Budget under that order. It is not significant under the

regulatory policies and procedures of the Department of Transportation

(DOT) (44 FR 11040; February 26, 1979). The Coast Guard reached this

conclusion based on the fact that the proposed changes will not prevent

mariners from transiting the bridge, but merely require mariners to

plan their transits and to timely contact the bridge tender to provide

the 24 hours advance notice.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the U.S.

Coast Guard must consider whether this proposed rule, if adopted, will

have a significant economic impact on a substantial number of small

entities. ``Small entities'' include small independently owned and

operated businesses which are not dominant in their fields and that

otherwise, qualify as ``small buiness concerns'' under Section 3 of the

Small Business Act (15 U.S.C. 632). Because it expects the impact of

this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.

605(b) that this proposed rule, if adopted, will not have a significant

economic impact on a substantial number of small entities.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3510-3520).

Federalism

The Coast Guard analyzed this action in accordance with the

principles and criteria contained in Executive Order 12612, and has

determined that this proposed regulation will not raise sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that under figure 2-1, paragraph (32)(e) of

Commandant Instruction M16475.1C this proposed rule is categorically

excluded from further environmental documentation based on the fact

that this is a promulgation of an operating regulation for a

drawbridge. A Categorical Exclusion Determination statement has been

prepared and placed in the rulemaking docket.

[[Page 3465]]

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend Part 117 of Title 33, Code of Federal Regulations 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 117.715 is revised to read as follows:

Sec. 117.715 Debbies Creek.

(a) The draw of the Monmouth County highway bridge, mile 0.4 at

Manasquan, shall open on signal, except as follows:

(1) From January 1 through March 31, the draw need open only if at

least 24 hours advance notice is given.

(2) From Memorial Day through Labor Day from 7 a.m. to 8 p.m., the

draw need open only on the hour and half hour if any vessels are

waiting to pass.

(b) The owners of the bridge shall provide and keep in good legible

condition two board gages painted white with black figures not less

than eight inches high to indicate the vertical clearance under the

closed draw at all stages of the tide. The gages shall be so placed on

the bridge that they are plainly visible to operators of vessels

approaching the bridge either up or downstream.

Dated: January 11, 1999.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.

[FR Doc. 99-1473 Filed 1-21-99; 8:45 am]

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