[Federal Register: February 5, 2003 (Volume 68, Number 24)]
[Proposed Rules]
[Page 5858-5860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe03-33]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-03-002]
RIN 2115-AE47
Drawbridge Operation Regulations; Shrewsbury River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations governing the operation of the Route 36 Bridge, mile 1.8,
across the Shrewsbury River at Highlands, New Jersey. This proposed
change to the drawbridge operation regulations would synchronize the
drawbridge opening schedules for the two moveable bridges across the
Shrewsbury River during the boating season. This action is necessary to
meet the present needs of navigation.
DATES: Comments must reach the Coast Guard on or before April 7, 2003.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District Bridge Branch, One South Street, Battery Park Building, New
York, New York 10004, or deliver them to the same address between 7
a.m. and 3 p.m., Monday through Friday, except, Federal holidays. The
telephone number is (212) 668-7165. The First Coast Guard District,
Bridge Branch, maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the First Coast Guard District, Bridge Branch, 7 a.m. to 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast
Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-03-
002), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the First Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
[[Page 5859]]
Background
The Route 36 Bridge, mile 1.8, across the Shrewsbury River at
Highlands, New Jersey, has a vertical clearance of 35 feet at mean high
water and 39 feet at mean low water.
The existing regulations listed at 33 CFR 117.755, require the
Route 36 Bridge to open on signal; except that, from May 15 through
October 15, 7 a.m. to 8 p.m., the draw need open only at quarter before
the hour and quarter after the hour.
The Coast Guard received requests from mariners to change the
drawbridge operation regulations that govern the Route 36 Bridge.
Presently the two moveable bridges across the Shrewsbury River, the
Route 36 Bridge, and the Monmouth County highway bridge, have staggered
opening schedules during the boating season. The mariners have asked
the Coast Guard to change the opening schedule for the Route 36 Bridge
in order to synchronize the bridge opening times for the two moveable
bridges during the boating season to help reduce vessel transit delays
and enhance boating safety.
The second moveable bridge across the Shrewsbury River, the
Monmouth County highway bridge, at mile 4.0, is required to open on
signal; except that, from May 15 through September 30, on Saturdays,
Sundays, and holidays, from 9 a.m. to 7 p.m., the draw need open only
on the hour and half hour.
This proposed rule if adopted would synchronize the bridge opening
times at the two bridges by requiring the Route 36 Bridge to open on
signal from May 15 through October 15, 7 a.m. to 8 p.m., on the hour
and half hour only.
This proposed change is expected to better meet the present needs
of navigation.
Discussion of Proposal
This proposed change would amend 33 CFR 117.755 by revising
paragraph (a), which lists the Route 36 Bridge drawbridge operation
regulations. This proposed change would allow the Route 36 Bridge to
open on signal; except that, from May 15 through October 15, from 7
a.m. to 8 p.m., the draw need open only on the hour and half hour.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under 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, Feb. 26, 1979).
We expect 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 synchronization of
the opening times for the moveable bridges across the Shrewsbury River
will better meet the present needs of navigation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed 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 section 5 U.S.C. 605(b), that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that the synchronization of
the opening times for the moveable bridges across the Shrewsbury River
will better meet the present needs of navigation.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
[[Page 5860]]
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.1d, 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 not required for this 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
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 117.755 is amended by revising paragraph (a) to read as
follows:
Sec. 117.755 Shrewsbury River.
(a) The Route 36 Bridge, mile 1.8, at Highlands, New Jersey, shall
open on signal; except that, from May 15 through October 15, 7 a.m. to
8 p.m., the draw need open on the hour and half hour only. The owners
of the bridge shall provide and keep in good legible condition, two
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: January 23, 2003.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 03-2696 Filed 2-4-03; 8:45 am]
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