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: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the

operation of the Monmouth County highway bridge, at mile 0.4, across

Debbies Creek, at Manasquan, New Jersey. This rule will continue to

provide the current opening schedule, except that from January 1

through April 1, from 4:30 p.m. to 8 a.m., a four-hour advance notice

will 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.

DATES: This final rule is effective December 3, 1999.

ADDRESSES: Comments and material received from the public, as well as

documents indicated in this preamble as being available in the docket,

are part of docket CGD05-98-111 and are available for inspection or

copying at the office of Commander (Aowb), Fifth Coast Guard District,

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

23704-5004, between 8 a.m. and 4:30 p.m., Monday through Friday, except

Federal holidays. The telephone number is (757) 398-6222.

FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator,

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

SUPPLEMENTARY INFORMATION:

Regulatory History

On January 22, 1999, we published a Notice of Proposed Rulemaking

(NPRM) entitled ``Drawbridge Operation Regulations; Debbies Creek, New

Jersey'' in the Federal Register (64 FR 3464). We received 10 letters

commenting on the proposed rulemaking. One of the comments included a

request for a public hearing, but after reading and considering the

comments, we determined that a public hearing would provide no

additional information and would not aid the rulemaking process.

On July 6, 1999, we published a Supplemental Notice of Proposed

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

Creek, New Jersey'' in the Federal Register (64 FR 36318). We received

no comments on the supplemental notice of proposed rulemaking. No

public hearing was requested, and none was held.

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 BCFMC had 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 the proposed rule. After consideration of the

comments and further discussions with BCFCM, the Coast Guard determined

that since vessel use from January 1 through March 31 was primarily

during the daylight hours, an alternative proposal, as set forth in the

SNPRM was appropriate. The Coast Guard also believes that enumeration

and rewording will 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.

Nine comments opposed the proposed change as unreasonable and unfair.

The remaining comment suggested manning the bridge between the hours of

8 a.m. and 4:30 p.m. during January and February, and between 8 a.m.

and 6 p.m. or 7 p.m. in the month of March with a 24-hour advance

notice at all other times. All commenters generally indicated that a

24-hour advance notice would be inconvenient and was excessive due to

the unpredictable weather conditions. 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 timeframes, bridge logs from 1989 to 1997 showed a total of 104

vessel openings. The Coast Guard responded to the comments by reducing

the 24-hour advance notice requirement in our original proposal to only

four hours.

The Coast Guard received no comments opposing our new proposal and

is amending 33 CFR 117.715 by inserting a new provision requiring a

four-hour advance notice for bridge openings from January 1 through

April

[[Page 59625]]

1, between the hours of 4:30 p.m. to 8 a.m. Additionally, to ensure

clarity and consistency of the operating regulation, the text of the

current 33 CFR 117.715 will be enumerated and reworded.

Regulatory Evaluation

This 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. 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 Transportation (DOT) (44 FR 11040; February 26,

1979).

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

final rule will not prevent mariners from transiting the bridge, but

merely require mariners to plan their transits and to provide the four-

hour advance notice to the bridge tender.

Small Entities

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

continue to provide openings to mariners on a schedule they are

accustomed to, and merely require advance notice for openings during

nighttime transits.

Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1966 (Pub. L. 104-121), we offered to assist small

entities in understanding the rule so that they could better evaluate

its effect on them and participate in the rulemaking process. This was

accomplished by publication of a NPRM in the Federal Register,

consideration of comments received in response to the NPRM, and

subsequent issuance of a SNPRM based on those comments.

Collection of Information

This rule calls for no new collection of information under the

Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

We have analyzed this rule under Executive Order 12612 and have

determined that this rule does not have sufficient implications for

federalism to warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act and Enhancing the Intergovernmental

Partnership

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and

E.O. 12875, Enhancing the Intergovernmental Partnership (58 FR 58093,

October 28, 1993) govern the issuance of Federal regulations that

require unfunded mandates. An unfunded mandate is a regulation that

requires a State, local, or tribal government or the private sector to

incur direct costs without the Federal Government's having first

provided the funds to pay those unfunded mandate costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will not effect a taking of private property or otherwise

have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under E.O. 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.

Environment

We considered the environmental impact of this rule and concluded

that, under figure 2-1, paragraph (32e) of Commandant Instruction

M16475.1C, this rule is categorically excluded from further

environmental documentation. This rule only deals with the operating

schedule of an existing drawbridge, and will have no 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

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

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. 102-587, 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 4:30 p.m. January 1 through 8 a.m. April 1, from 4:30 p.m.

to 8 a.m., the draw need open only if at least four-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 gauges 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 gauges shall be so placed on

the bridge that they are plainly visible to operators of vessels

approaching the bridge either up or downstream.

Dated: October 20, 1999.

John E. Shkor,

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

[FR Doc. 99-28612 Filed 11-2-99; 8:15 am]

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