Drawbridge Operation Regulations: Navesink River, NJ

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-075]

RIN 2115-AE47

Drawbridge Operation Regulations: Navesink River, NJ

AGENCY: Coast Guard, DOT.

[[Page 71654]]

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation

regulations governing the Oceanic Bridge, at mile 4.5, across the

Navesink River at Locust Point, New Jersey. The bridge owner has asked

the Coast Guard to change the regulations to require a twenty-four hour

advance notice for bridge openings from December through March because

there have been few requests to open the bridge during the winter

months. This final rule is expected to relieve the bridge owner of the

burden of crewing the bridge at all times and still meet the needs of

navigation.

DATES: This rule is effective January 21, 2000.

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 (CGD01-99-075) and are available for inspection or

copying at the First Coast Guard District, Bridge Branch Office, 408

Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer,

First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On September 1, 1999, we published a notice of proposed rulemaking

(NPRM) entitled Drawbridge Operation Regulations; Navasink River, New

Jersey, in the Federal Register (64 FR 47751). We received no comments

in response to the notice of proposed rulemaking. No public hearing was

requested and none was held.

Background and Purpose

The Oceanic Bridge at mile 4.5 across the Navesink River at Locust

Point, New Jersey, has a vertical clearance of 22 feet at mean high

water and 25 feet at mean low water. The existing operating regulations

for the Oceanic Bridge require the bridge to open on signal at all

times.

The bridge owner, the County of Monmouth, asked the Coast Guard to

change the regulations for the bridge and submitted bridge opening log

data for the Coast Guard to evaluate.

The log data indicated the following number of openings:

------------------------------------------------------------------------

1994 1995 1996 1997 1998

------------------------------------------------------------------------

December............................. 4 12 9 6 8

January.............................. 1 1 14 2 6

February............................. 1 1 0 1 10

March................................ 11 13 4 6 13

------------------------------------------------------------------------

The bridge owner asked the Coast Guard to change the regulations to

require a twenty-four hour advance notice for openings from December

through March. The bridge opening log data shows that during this time

period there have been few requests to open the bridge. The Coast Guard

believes the bridge owner's request to not crew the bridge during the

winter months and the twenty-four hour advance notice requirement are

reasonable based upon the low number of bridge openings during that

time period.

Discussion of Comments and Changes

The Coast Guard received no comments in response to the notice of

proposed rulemaking and no changes have been made to this final rule.

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). This conclusion is based on the fact that the bridge has not had

many requests to open during the winter months. Mariners will still be

able to obtain bridge openings during the winter months provided they

give twenty-four hours notice.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612) 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 less than 50,000.

For reasons discussed in the Regulatory Evaluation section above,

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.

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).

Federalism

We have analyzed this rule under Executive Order 13132 and have

determined that this rule does not have implications for federalism

under that Order.

Unfunded Mandates Reform Act

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

governs 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

The Coast Guard considered the environmental impact of this rule

and

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

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

environmental documentation because promulgation of changes to

drawbridge regulations have been found to not have a significant 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 set out 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 117.734 is revised to read as follows:

Sec. 117.734 Navesink River (Swimming River).

The Oceanic Bridge, mile 4.5, shall open on signal; except that,

from December 1 through March 31, the draw shall open on signal, if at

least a twenty-four hour notice is given by calling the number posted

at the bridge. The owner of this bridge shall provide and keep in good

legible condition clearance gauges with figures not less than eight

inches high, designed, installed and maintained according to the

provisions of Sec. 118.160 of this chapter.

Dated: December 8, 1999.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard.

[FR Doc. 99-33212 Filed 12-21-99; 8:45 am]

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