Drawbridge operations: New Jersey,
[Federal Register: May 25, 1999 (Volume 64, Number 100)]
[Proposed Rules]
[Page 28126-28128]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my99-23]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-010]
RIN 2115-AE47
Drawbridge Operation Regulations; Shrewsbury River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to change the operating rules governing the Rt-36 Bridge, at mile 1.8, across the Shrewsbury River at Highlands, New Jersey. This change is necessary to help alleviate vehicular traffic congestion caused by frequent bridge openings. This proposed rule is expected to help relieve the traffic congestion and still provide for the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before July 26, 1999.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard District, 408 Atlantic Avenue, Boston, MA 02110-3350, or deliver them at the same address between 7 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is (617) 223-8364. The First Coast Guard District Bridge Branch maintains the public docket for this rulemaking. Comments and documents as indicated in this preamble will become part of this docket and will be available for inspection or copying at the above address 7 a.m. to 3 p.m. Monday through Friday, except Federal holidays.
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FOR FURTHER INFORMATION CONTACT: Mr. John McDonald, Project Officer, First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in this rulemaking by submitting written data, views, or arguments. Persons submitting comments should include their names and addresses, identify this rulemaking (CGD01-99-010) 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 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 under ADDRESSES. The request should include the 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
The Rt-36 Bridge, at mile 1.8, across the Shrewsbury River, has a vertical clearance of 35 feet at mean high water (MHW) and 39 feet at mean low water (MLW). The existing operating regulations for the RT-36 Bridge, at Sec. 117.755, require the bridge to open on signal, except that, from Memorial Day through Labor Day on Saturdays, Sundays, and holidays, from 10 a.m. to 7 p.m., the draw need be opened only on the hour and half hour. The RT-36 Bridge log data from 1995, 1996 and 1997, May through October, indicates the following number of openings: May, 1239, 962, and 1490; June, 1601, 3216, and 2508; July, 2789, 2314, and 3093; August, 2215, 4947, and 3110; September, 1912, 2747, and 2011; October, 1225, 3096, and 1569, respectively. The number of openings is quite high during the summer months, resulting in frequent traffic congestion. The bridge owner, NJDOT, originally requested that the RT- 36 Bridge shall open on signal on the hour and half hour, from 7 a.m. to 10 p.m., May 15th through October 15th. The vehicular traffic courts did not support the need to limit bridge openings until 10 p.m. daily. The traffic counts indicated the hours 7 a.m. to 8 p.m. were the hours each day that the most vehicles passed over the bridge. The Coast Guard, as a result of the data reviewed, is proposing that the bridge open on signal on the hour and half hour from 7 a.m. to 8 p.m., May 15th through October 15th. At all other times the draw shall open on signal.
Discussion of Proposal
The Coast Guard proposes to revise the operating rules at Sec. 117.755(a), governing the RT-36 Bridge, mile 1.8, across the Shrewsbury River at Highlands, New Jersey. This proposal will require the bridge to open on signal, except that, from May 15th through October 15th, 7 a.m. to 8 p.m., the draw need only open on the hour and half hour.
This proposal is expected to help relieve the traffic congestion caused by frequent bridge openings during the summer months and still provide for the reasonable needs of navigation. Mariners can still pass through the bridge, except that they simply need to schedule their transits to occur on the hour and half hour during the summer months.
The Coast Guard believes this proposed rule provides a reasonable balance for the needs of both vehicular and navigational modes of transportation.
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 not 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; Feb. 26, 1979). The Coast Guard expects the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation, under paragraph 10e of the regulatory policies and procedures of DOT, is unnecessary. This conclusion is based on the fact that the bridge will still open each half hour and that the mariners will still be able to transit the waterway. The mariners will be required by this proposed rule to simply schedule their transits to adjust to the bridge opening schedule. The Coast Guard believes this rule will relieve the vehicular traffic congestion and also meet the needs of navigation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considers whether this 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. For the reasons discussed in the Regulatory Evaluation section above, the Coast Guard certifies under section 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. If, however, you think that your business or organization qualifies as a small entity and that this proposed rule will have a significant economic impact on your business or organization, please submit a comment (see ADDRESSES) explaining why you think it qualifies and in what way and to what degree this proposed rule will economically affect it.
Collection of Information
This proposed rule does not provide for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule in accordance with the principles and criteria contained in Executive Order 12612 and has determined that this 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 proposed rule and concluded that, under Section 2.B.2., Figure 2-1, paragraph (32)(e), of Commandant Instruction M16475.1C, this proposed rule is categorically excluded from further environmental documentation because promulgation of drawbridge regulations have been found not to have a significant effect on the environment. A written ``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 proposes to amend 33 CFR part 117 as follows:
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PART 117--DRAWBRIDGE OPERATION REGULATIONS
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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. Section 117.793 is revised to read as follows:
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Section 117.755(a) is revised as follows:
Sec. 117.755 Shrewesbury River
(a) The Rt-36 Bridge, mile 1.8, at Highlands, New Jersey, shall open on signal, except that, from May 15th through October 15th, 7 a.m. to 8 p.m., the draw need open only on the hour and half hour. The owners of the bridge shall provide and keep in good legible condition, two boards gages painted white with black figures not less than eight inches high to indicate the clearance under the closed draw at all stages of the tide. The gages shall be placed on the bridge so that they are plainly visible to operators of vessels approaching the bridge from either up or down stream. * * * * *
Dated: May 13, 1999. R.M. Larrabee, Rear Admiral, Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-13239Filed5-24-99; 8:45 am]
BILLING CODE 4910-15-M
