Drawbridge operations: New Jersey,
[Federal Register: September 1, 1999 (Volume 64, Number 169)]
[Proposed Rules]
[Page 47751-47752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se99-43]
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.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to change the operating regulations which govern 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 rulemaking 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: Comments must reach the Coast Guard on or before November 1, 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.
FOR FURTHER INFORMATION CONTACT: Mr. John W. 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 (CGD01-99-075) 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 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 requires the bridge to open on signal at all times.
The bridge owner, the County of Monmouth, asked the Coast Guard to
[[Page 47752]]
change the regulations for the bridge and submitted bridge opening log data for the Coast Guard to evaluate. The log data indicated the following openings for December, January, February, and March, from 1994 through 1998: December 4, 12, 9, 6 and 8; January 1, 1, 14, 2 and 6; February 1, 1, 0, 1 and 10; March 11, 13, 4, 6 and 13; respectively.
The bridge owner has asked for relief from crewing this bridge during the winter months and has requested that the bridge regulations be changed to require a twenty-four hour advance notice for openings from December through March.
Discussion of Proposal
The Coast Guard proposes to revise the operating rules, listed at 33 CFR 117.734, which govern drawbridges across the Navesink River. Operating regulations for the Oceanic Bridge, at mile 4.5, across the Navesink River, in Locust Point, New Jersey will be added to the above section. This change will require the Oceanic Bridge to open on signal; except that, from December 1 through March 31, the draw will open on signal if at least a twenty-four hour advance notice is given by calling the number posted at the bridge. The bridge will continue to open on signal at all other times.
This proposal will relieve the bridge owner of the requirement to have personnel available to crew the bridge during the winter months while meeting the reasonable needs of navigation.
The Coast Guard believes this proposal is reasonable based upon the low number of opening requests received during the winter months.
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 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 hour notice.
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. Therefore, the Coast Guard certifies under section 5 U.S.C. 605(b), for the reasons discussed in the Regulatory Evaluation section above, 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 has been found not to have a significant effect on the environment. A written ``Categorical Exclusion Determination'' is not required for the proposed rule.
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:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
-
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 117.734 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 gages with figures not less than eight inches high, designed, installed and maintained according to the provisions of Sec. 118.160 of this chapter.
Dated: August 17, 1999. Robert F. Duncan, Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 99-22749Filed8-31-99; 8:45 am]
BILLING CODE 4910-15-P
