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Drawbridge Operation Regulations; Manasquan River, NJ
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 11, 2003 (Volume 68, Number 112)]
[Rules and Regulations]
[Page 34801-34803]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn03-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-02-054]
RIN 1625-AA09
Drawbridge Operation Regulations; Manasquan River, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulations for the
Route 70 Bridge across Manasquan River, mile 3.4, at Riviera Beach, New
Jersey. The final rule will require the draw of the bridge to open on
signal on the hour, except that from 11 p.m. to 7 a.m. and on Monday
through Friday from 4 p.m. to 7 p.m., the draw need not be opened. This
change would reduce traffic delays while still providing for the
reasonable needs of navigation.
DATES: This rule is effective July 11, 2003.
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 CCGD05-02-054 and are available for inspection or
copying at Commander (oan), 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.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 12, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Manasquan River,
New Jersey'' in the Federal Register (67 FR 57773). We received 14
letters commenting on the proposed rule. No public meeting was
requested, and none was held.
On March 20, 2003, we published a supplemental notice of proposed
rulemaking (SNPRM) entitled ``Drawbridge Operation Regulations;
Manasquan River, New Jersey'' in the Federal Register (68 FR 13641). We
received 10 letters commenting on the supplemental proposed rule. No
public meeting was requested, and none was held.
Background and Purpose
The Route 70 Bridge is a movable bridge (single-leaf bascule) owned
and operated by the New Jersey Department of Transportation (NJDOT)
connecting the Borough of Point Pleasant and Brick Township in Ocean
County with Brielle Borough and Wall Township in Monmouth County.
Currently, Title 33 Code of Federal Regulations (CFR) Part 117.727
requires that the draw of the S70 Bridge, mile 3.4 at Riviera Beach,
shall open on signal from 7 a.m. to 11 p.m. The draw need not be opened
from 11 p.m. to 7 a.m. In the closed position to vessels, the bridge
has a vertical navigation clearance of approximately 15 feet at mean
high water.
On behalf of residents and business owners in the area, NJDOT
requested changes to the existing regulations for the Route 70 Bridge
in an effort to balance the needs of mariners and vehicle drivers
transiting in and around this seaside resort area. Route 70 is a
principal arterial highway that serves as a major evacuation route in
the event of tidal emergencies. Bridge openings at peak traffic hours
during the tourist season often cause considerable vehicular traffic
congestion while accommodating relatively few vessels. To ease traffic
congestion, NJDOT requested that the movement of marine traffic be
regulated. We reviewed NJDOT's yearly drawbridge logs for 1999, 2000,
and 2001, which revealed that the bridge opened for vessels 1028, 1026,
and 1020 times, respectively. During the peak boating season from May
through September, the logs revealed from 1999 to 2001, the bridge
opened 750, 792, and 794 times, respectively. With an average of only
five openings per day during the prime boating period, NJDOT contends
that vessel traffic through the bridge is minimal. Also, NJDOT
officials, residents and business owners pointed out that from 4 p.m.
to 7 p.m. on Fridays, vehicular traffic congestion is at its peak.
During the peak boating season from May through September, the logs
revealed from 1999 to 2001, the bridge opened from 4 p.m. to 7 p.m. on
Fridays, 36, 35, and 26 times, respectively. Limiting the openings of
the draw year-round from 7 a.m. to 11 p.m. to once an hour and no
openings required from 4 p.m. to 7 p.m. on Fridays would enhance
vehicular traffic without significantly affecting vessel traffic. The
Coast Guard received 14 comments on the NPRM; most suggesting
additional changes to the proposed regulations.
Based on these comments and our further review of the bridge logs,
the Coast Guard considered the minimal number of openings year-round
during the closure period from 4 p.m. to 7 p.m. that included Monday
through Thursday, an alternative proposal, as set forth in the SNPRM,
was appropriate.
Discussion of Comments and Changes
The Coast Guard received 14 comments on the NPRM. Eleven letters
supported the proposed changes to the regulations, two responses
opposed the proposed changes and another comment suggested a height
restriction placed on vessels that travel under the bridge.
Of the 11 letters supporting the proposed changes to the
regulations, five letters went further in asking to extend the
suggested ``no openings'' on Fridays from 4 p.m. to 7 p.m. to include
Monday through Thursday; two letters supported the proposal without
changes; one comment requested commuter hours from 6:30 a.m. to 8:30
a.m. and 5 p.m. to 7 p.m.; one comment requested no openings of the
bridge on any days between 5 p.m. and 7 p.m.; and another letter
considered operating the bridge to open hourly from 8 a.m. to 4 p.m.
during the months of March, April, October and November and only open
with a 24-hour advance notice during December, January and February.
Two comments, one from the U.S. Fish and Wildlife Service and the other
from the New Jersey Historic Preservation Office, had no objection to
the issuance of the proposed regulations.
Two of the remaining three comments opposed the proposed changes to
the regulations and one had no opinion to the proposed regulation. One
comment from a yacht club stated that their membership objects to any
changes to the proposed regulations for the following reasons: safety,
the environment and liability losses. Another comment had suggested a
reduction of the bridge closure to 5 p.m. to 7 p.m. especially if done
five days a week, and emergency openings for boater safety. The Coast
Guard responded to these comments and indicated that in the event of
marine emergency Title 33 CFR part 117.31, ``Operation of draw for
emergency situations,'' adequately provides for vessels for unscheduled
openings of the bridge. The last comment requested a height restriction
placed on vessels with lowerable appurtenances (i.e. antennas etc.)
that transit under the bridge. Further review of the bridge logs reveal
from 1999 through 2001, the bridge opened year-round from 4 p.m. to 7
p.m., Mondays through Thursdays, 72, 73, and 60 times respectively. The
Coast Guard responded to the comments by limiting the required openings
of the
[[Page 34802]]
draw year-round from 7 a.m. to 11 p.m. to once an hour with closure
periods from 4 p.m. to 7 p.m. Mondays through Fridays.
The Coast Guard received ten comments on the SNPRM. Eight
supported, one opposed and another had no opinion to the supplemental
proposal. Of the eight supporting the supplemental proposed changes,
four also indicated that passage under the bridge can also be
accomplished by vessel owners lowering their lowerable appurtenances
(i.e. antennas, outriggers etc.), two supported the regulations without
changes, one was a resolution from the Borough of Brielle in support of
the regulations, and one from the U.S. Fish and Wildlife Service which
had no objections to the issuance of the supplemental proposed
regulations.
One of the remaining two comments opposed and the other had no
opinion to the supplemental proposed changes. The opposing comment
considered the weekday closure period from 4 p.m. to 7 p.m. a major
inconvenience to commercial fishing boats entering Manasquan Inlet. The
remaining comment only indicated that the bridge should never have been
``on demand.'' All comments and the Coast Guard's written response to
those comments are contained in the docket.
Based on these comments to the new proposal, the lowering of non-
structural vessel appurtenances that are not essential to navigation
and the minimal number of openings identified by the bridge logs, the
Coast Guard is amending 33 CFR 117.727 with a new provision to limit
the openings of the draw year-round from 7 a.m. to 11 p.m. to once an
hour with closure periods from 4 p.m. to 7 p.m. Mondays through
Fridays.
Regulatory Evaluation
This 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 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 Homeland
Security (DHS).
We reached this conclusion based on the fact that the final rule
has only a minimal impact on maritime traffic transiting the bridge.
Mariners can plan their trips in accordance with the scheduled bridge
openings and lower their non-structural appurtenances that are not
essential to navigation to further minimize delay.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 final rule will not have a significant economic impact on a
substantial number of small entities because the rule only adds minimal
restrictions to the movement of navigation and mariners who plan their
transits in accordance with the scheduled bridge openings can minimize
delay.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
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
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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does 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 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
[[Page 34803]]
Significantly Affect Energy Supply, 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. The Administrator
of the Office of Information and Regulatory Affairs has not designated
it as a significant energy action. Therefore, it does not require a
Statement of Energy Effects under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. The final rule only involves the operation
of an existing drawbridge and will not have any impact to the
environment. A ``Categorical Exclusion Determination'' is available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
? 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; Department of Homeland Security
Delegation No. 0170; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of P.L. 102-587, 106 Stat. 5039.
? 2. Sec. 117.727 is revised to read as follows:
Sec. 117.727 Manasquan River.
The draw of the Route 70 Bridge, mile 3.4, at Riviera Beach, shall
open on signal on the hour, except that from 4 p.m. to 7 p.m. Monday
through Friday and from 11 p.m. to 7 a.m., every day the draw need not
be opened.
Dated: June 3, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-14802 Filed 6-10-03; 8:45 am]
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