Drawbridge Operation Regulations; Debbies Creek, NJ

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-111]

RIN 2115-AE47

Drawbridge Operation Regulations; Debbies Creek, NJ

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a supplemental change to the

regulations governing the operation of the Monmouth County highway

bridge, at mile 0.4, across Debbies Creek, at Manasquan, New Jersey.

The new proposal would continue to provide the current opening

schedule, except that from January 1 through March 31, from 4:30 p.m.

to 8 a.m., a 4-hour advance notice would be required. At all other

times the bridge will continue to provide openings on signal. 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 reach the Coast Guard on or before September 7,

1999.

ADDRESSES: You may mail comments to the Commander (Aowb), Fifth Coast

Guard District, Federal Building, 4th Floor, 431 Crawford Street,

Portsmouth, Virginia 23704-5004, or they 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 and documents as indicated in this preamble 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,

Fifth Coast Guard District, (757) 398-6222.

SUPPLEMENTARY INFORMATION: .

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, identify this rulemaking (CGD05-98-111) and the specific

section of this document to which each comment applies, and give the

reason for each comment. Please submit two copies of all comments and

attachments in an unbound format, no larger than 8\1/2\ by 11 inches,

suitable for copying and electronic filing. Persons wanting

acknowledgement of receipt of comments should enclose stamped, self-

addressed postcards or envelopes.

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.

Regulatory History

On January 22, 1999, the Coast Guard published a Notice of Proposed

Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Debbies

Creek, New Jersey'' in the Federal Register (64 FR 3464). The Coast

Guard received 10 letters commenting on the proposed rulemaking. No

public hearing was requested and none was held.

Background and Purpose

The Monthmouth 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), Sec. 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 BCFMC has initially requested a change in the regulation by

requiring 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 believed that

the initial proposal would more fairly balance the competing needs of

vehicular and vessel traffic. However, the Coast Guard received 10

comments objecting to this proposal. Additionally, after further

discussions with BCFCM, the Coast Guard has determined that

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since vessel use between January 1 and March 31 is primarily during the

daylight hours, an alternative proposal should be considered. The Coast

Guard also believes that enumeration and rewording would clarify the

current regulation.

Discussion of Comments and Changes

The Coast Guard received 10 comments on the NPRM in opposition to a

24-hour advance notice for vessel openings from January 1 to March 31.

Eight of the comments opposed the imposition of any changes to the

current regulation as unreasonable and unfair. The remaining two

comments suggested an advance notice for vessel openings be conducted

from January 1 to March 31, between the hours of 4 p.m. to 8 a.m. All

commenters generally indicated that a 24-hour advance notice would be

an inconvenience and excessive due to the unpredictable weather

conditions. The Coast Guard considered these comments and responded by

suggesting that a supplemental alternative proposal be further analyzed

and reissued as soon as possible.

Further review of the bridge logs from 1995 through 1997 revealed a

total of 61 bridge openings for vessels from January 1 to March 31,

from 4:30 p.m. to 8 a.m. During the same hours, bridge logs from 1989

to 1997 showed a total of 104 vessel openings. In view of these

statistics, the Coast Guard is proposing a supplemental change to the

regulation by reducing the advance notice call from 24 to 4 hours and

requiring the 4-hour notice to be established from January 1 to March

31 between the hours of 4:30 p.m. and 8 a.m. Considering the minimal

number of openings identified by the bridge logs, the Coast Guard

believes that the supplemental changes will more fairly balance the

competing needs of vehicular and vessel traffic.

Discussion of Proposal

On January 22, 1999, the Coast Guard issued a Notice of Proposed

Rulemaking to amend 33 CFR 117.715 by inserting a provision to require

a 24-hour advance notice for bridge openings from January 1 through

March 31.

Upon receiving opposition to this proposal and after further

discussions with BCFCM, the Coast Guard now proposes to amend 33 CFR

117.715 by inserting a new provision requiring a 4-hour advance notice

for bridge openings from January 1 through March 31, between the hours

of 4:30 p.m. to 8 a.m. Additionally, to ensure clarity and consistency

of the operating regulations, the text of the current 33 CFR 117.715

would be enumerated and reworded.

Regulatory Evaluation

This supplemental 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 reviewed 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 expects the economic impact of this supplemental

proposed change to be so minimal that a full Regulatory Evaluation

under paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary.

The Coast Guard reached this conclusion based on the fact that the

supplemental proposed change will not prevent mariners from transiting

the bridge, but merely require mariners to plan their transits and to

contact the bridge tender to provide the 4 hour advance notice.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

U.S. Coast Guard considered whether this supplemental proposed rule, if

adopted, will have a significant economic impact on a substantial

number of small entities. ``Small entities'' include 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.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that

this supplemental proposed rule, if adopted, will not have a

significant economic impact on a substantial number of small entities.

If, however, you think that your business or organization may be

impacted, please submit a comment (see ADDRESSES) explaining why you

think it qualifies and in what way and to what degree this supplemental

proposed rule will economically affect it.

Unfunded Mandates

Under section 201 of the Unfunded Mandates Reform Act (UMRA) (2

U.S.C. 1531), the Coast Guard assessed the effects of this supplemental

proposed rule on State, local, and tribal governments, in the

aggregate, and the private sector. The Coast Guard determined that this

regulatory action requires no written statement under section 202 of

the UMRA (2 U.S.C. 1532) because it will not result in the expenditure

of $100,000,000 in any one year by State, local, or tribal governments,

in the aggregate, or the private sector.

Collection of Information

This supplemental proposed rule does not provide for a collection

of information under the Paperwork Reduction Act (44 U.S.C. 3501 et

seq.).

Federalism

The Coast Guard has analyzed this supplemental proposed rule under

the principles and criteria contained in Executive Order 12612 and has

determined that this supplemental proposed rule does not have

sufficient implications for federalism to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

supplemental proposal and concluded that under figure 2-1, paragraph

(32)(e) of the Commandant Instruction M16475.1C, this supplemental

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'' is available in the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons discussed in the preamble, the Coast Guard proposed

to amend 33 CFR part 117 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. 102-4587, 106

Stat. 5039.

2. Section 117.715 is revised to read as follows:

Sec. 117.715 Debbies Creek.

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

Manasquan, shall open on signal, except as follows:

(a) From January 1 through March 31, from 4:30 p.m. to 8 a.m., the

draw need open only if at least four-hours advance notice is given.

(b) 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.

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

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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: June 18, 1999.

Thomas E. Bernard,

Captain, U.S. Coast Guard, Fifth Coast Guard District, Acting District

Commander.

[FR Doc. 99-17055 Filed 7-2-99; 8:45 am]

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