Drawbridge Operation Regulation; Shrewsbury River, Monmouth County Highway Bridge, Sea Bright, New Jersey, 32619-32622 [2019-14496]
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Rules and Regulations
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to-know basis to manage insider threat
matters; facilitate insider threat
investigations and activities; identify
threats to PBGC resources, including
threats to PBGC’s personnel, facilities,
and information assets; track tips and
referrals of potential insider threats to
internal and external partners; meet
other insider threat program
requirements; and investigate/manage
the unauthorized or attempted
unauthorized disclosure of PII.
Exemption
Under section 552a(k) of the Privacy
Act, PBGC may promulgate regulations
exempting information contained in
certain systems of records from
specified sections of the Privacy Act
including the section mandating
disclosure of information to an
individual who has requested it. Among
other systems, PBGC may exempt a
system that is ‘‘investigatory material
compiled for law enforcement
purposes.’’ 2 Under this provision, PBGC
has exempted, in § 4209.11 of its
Privacy Act regulation, records of the
investigations conducted by its
Inspector General and contained in a
system of records entitled ‘‘PBGC–17,
Office of Inspector General Investigative
File System—PBGC.’’
The PBGC–26, PBGC Insider Threat
and Data Loss Prevention—PBGC
system contains: (1) Records derived
from PBGC security investigations, (2)
summaries or reports containing
information about potential insider
threats or the data loss prevention
program, (3) information related to
investigative or analytical efforts by
PBGC insider threat program personnel,
(4) reports about potential insider
threats obtained through the
management and operation of the PBGC
insider threat program, and (5) reports
about potential insider threats obtained
from other Federal Government sources.
The records contained in this new
system include investigative material of
actual, potential, or alleged criminal,
civil, or administrative violations and
law enforcement actions. These records
are within the material permitted to be
exempted under section 552a(k)(2) of
the Privacy Act.
PBGC is amending its Privacy Act
regulation to add a new § 4902.12 that
exempts PBGC–26, PBGC Insider Threat
and Data Loss Prevention—PBGC, from
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(H), and (I) and (f). Exemption from
these sections of the Privacy Act means
that, with respect to records in the
system, PBGC will not be required to:
(1) Disclose records to an individual
2 See
16:30 Jul 08, 2019
Compliance With Rulemaking
Guidelines
This is a rule of ‘‘agency organization,
procedure, or practice’’ and is limited to
‘‘agency organization, management, or
personnel matters.’’ The exemption
from provisions of the Privacy Act
provided by the interim final rule affects
only PBGC insiders described above.
Accordingly, this rule is exempt from
notice and public comment
requirements under 5 U.S.C. 553(b) and
the requirements of Executive Order
12866 and Executive Order 13771.3
Because no general notice of proposed
rulemaking is required, the Regulatory
Flexibility Act does not apply to this
rule. See 5 U.S.C. 601(2), 603, 604.
PBGC finds good cause exists for
making the amendments set forth in this
interim final rule effective less than 30
days after publication because the
amendments support PBGC’s new
system of records for insider threat
detection and data loss prevention,
which is effective July 9, 2019.
List of Subjects in 29 CFR Part 4902
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‘‘PBGC–26, PBGC Insider Threat and
Data Loss Prevention—PBGC’’ from the
provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I) and (f).
(2) Reasons for exemption. The
reasons for asserting the exemption in
this section are because the disclosure
and other requirements of the Privacy
Act could substantially compromise the
efficacy and integrity of PBGC’s ability
to investigate insider threat activities
and the improper exfiltration of
personally identifiable information.
Disclosure could invade the privacy of
other individuals and disclose their
identity when they were expressly
promised confidentiality. Disclosure
could interfere with the integrity of
information which would otherwise be
subject to privileges, see, e.g., 5 U.S.C.
552(b)(5), and which could interfere
with other important law enforcement
concerns, see, e.g., 5 U.S.C. 552(b)(7).
(b) [Reserved]
Issued in Washington, DC.
Gordon Hartogensis,
Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2019–14604 Filed 7–8–19; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF HOMELAND
SECURITY
Privacy.
In consideration of the foregoing,
PBGC is amending 29 CFR part 4902 as
follows:
Coast Guard
PART 4902—DISCLOSURE AND
AMENDMENT OF RECORDS
PERTAINING TO INDIVIDUALS UNDER
THE PRIVACY ACT
RIN 1625–AA09
1. The authority citation for part 4902
is revised to read as follows:
■
Authority: 5 U.S.C. 552a, 29 U.S.C.
1302(b)(3).
§ 4902.1
2. Amend § 4902.1(d) by removing
‘‘4902.11’’ and adding in its place
‘‘4902.12’’.
■
§ 4902.12
[Redesignated as § 4902.13]
3. Redesignate § 4902.12 as § 4902.13.
■ 4. Add new § 4902.12 to read as
follows:
■
§ 4902.12 Specific exemptions: Insider
Threat and Data Loss Prevention.
(a) Other law enforcement—(1)
Exemption. Under the authority granted
by 5 U.S.C. 552a(k)(2), PBGC hereby
exempts the system of records entitled
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33 CFR Part 117
[Docket No. USCG–2017–0460]
Drawbridge Operation Regulation;
Shrewsbury River, Monmouth County
Highway Bridge, Sea Bright, New
Jersey
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
Monmouth County Highway Bridge
(alternatively referred to as the ‘‘Sea
Bright Bridge’’ or the ‘‘S–32 Bridge’’)
across the Shrewsbury River, mile 4.0 at
Sea Bright, New Jersey. The owner of
the bridge, the Monmouth County Board
of Chosen Freeholders (Monmouth
County), submitted a request to reduce
the number of bridge openings during
the summer months to better serve the
needs of the community while
continuing to meet the reasonable needs
of navigation.
DATES: This rule is effective July 23,
2019.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
[Amended]
3 See section 3(d)(3) of Executive Order 12866
and section 4(b) of Executive Order 13771.
5 U.S.C. 552a(k)(2).
VerDate Sep<11>2014
upon request, (2) keep an accounting of
individuals who request records, (3)
maintain only records as necessary to
accomplish an agency purpose, or (4)
publish notice of certain revisions of the
system of records.
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Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Rules and Regulations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
comments from the 2017 NPRM and the
2018 test deviation.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than 30
days after publication in the Federal
Register. This final rule lessens prior
restrictions for notice requirements on
the weekends and holidays during the
summer months, and provides set
schedules for bridge openings. The
public comments in response to the test
deviation and the NPRM support the
promulgation of the modified regulation
to reduce the notice required for bridge
openings and set hourly openings for a
specific period of time during the
summer months. Making this rule
effective as soon as possible within the
timeframe most impacted (Memorial
Day to Labor Day) will serve the needs
of the community while continuing to
meet the reasonable needs of navigation.
II. Background Information and
Regulatory History
On July 18, 2017, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulation; Shrewsbury River, Sea
Bright, New Jersey’’ in the Federal
Register (82 FR 32777). We received 129
comments from the NPRM. Further,
Commander (dpb), First Coast Guard
District also published a Public Notice
1–155 dated July 28, 2017. The notice
requested comments and directed those
comments be added to the docket. In
response to the 129 comments received,
additional data was gathered, including
follow-up meetings with Monmouth
County officials and review of bridge
logs and traffic counts. Subsequently,
the Coast Guard tested a temporary
deviation with an alternate schedule for
the 2018 boating season. On May 22,
2018 the Coast Guard published a
temporary deviation from the operating
schedule entitled, ‘‘Drawbridge
Operation Regulation; Shrewsbury
River, Sea Bright, New Jersey’’ in the
Federal Register (83 FR 23581). The
2018 proposed change to the bridge
operating schedule was tested to
determine whether a permanent change
was warranted to allow the draw to
open as follows:
The draw shall open on signal at all
times; except that, from the Friday
before Memorial Day through Labor
Day, on Friday, Saturday, Sunday, and
holidays, between 9 a.m. and 7 p.m., the
draw need only open on the hour.
One-hundred-twelve comments were
received in response to the test
deviation. This number includes the
comments received directly to U.S.
Coast Guard District One, Bridge
Branch. We received a total of 241
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. The
Monmouth County Highway Bridge,
mile 4.0, across the Shrewsbury River at
Sea Bright, New Jersey, has a vertical
clearance of 15 feet at Mean High Water
and 17 feet at Mean Low Water when
the span is in the closed position.
Vertical clearance is unlimited when the
draw is open. Horizontal clearance is 75
feet. Waterway users include
recreational vessels and a limited
number of commercial vessels including
tug/barge combinations.
The existing drawbridge regulation,
33 CFR 117.755, requires the draw of
the Monmouth County Highway Bridge
to open as follows: The draw shall open
on signal at all times; except that, from
May 15 through September 30,
Saturday, Sunday and holidays,
between 9 a.m. and 7 p.m., the draw
need open only on the hour and half
hour. This regulation has been in effect
since July 6, 2010. Monmouth County,
the owner of the bridge, requested a
change to the drawbridge operating
regulations given the increased volume
of vehicular traffic crossing the bridge
associated with the summer months.
The increase of vehicular traffic resulted
in significant traffic congestion on either
side of the bridge during peak travel
hours. The owner of the bridge asserted
that traffic congestion will be improved
or relieved through reduction of
required bridge openings for vessels. In
the summer of 2018, a deviation from
the operating regulation was tested,
from the Friday before Memorial Day
through Labor Day. The operating
regulations presently encompassing
Saturdays, Sundays, and holidays was
expanded to include Fridays as well,
available in the docket, go to https://
www.regulations.gov. Type USCG–
2017–0460 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Donna D. Leoce, Bridge
Management Specialist, First Coast
Guard District, telephone (212) 514–
4332, email Donna.D.Leoce@uscg.mil.
SUPPLEMENTARY INFORMATION:
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I. Table of Abbreviations
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between 9 a.m. and 7 p.m., the draw
was open only on the hour to allow for
more efficient and economical operation
of the bridge, given the volume of
vehicular traffic crossing the bridge at
the beginning of the weekend.
Density patterns were recorded from
the Monmouth County 2018 bridge logs
for the Friday, Saturday, Sunday, and
Holiday timeframes. In June, from the
first through the fifth weekends, boats
requiring bridge openings numbered:
42, 50, 59, 52, and 76 respectfully. In
July, from the first through the fourth
weekends, including the July 4th
holiday, boats requiring bridge openings
numbered: 101, 41, 29, and 66,
respectively. In August through
September 3, 2018, from the first
through the fifth weekend, boats
requiring bridge openings numbered:
53, 40, 40, 77, and 22 respectively. The
vessels that utilize the waterway are
primarily recreational power boats, as
well as sailboats and occasional
commercial vessels including tugs and
barges.
Recorded from the Monmouth County
vehicle traffic counts transiting east and
west bound over the bridge from the
first through the fifth weekends, July
through September 3, 2018 range from
11,000 to over 15,000 vehicle crossings.
IV. Discussion of Comments, Changes
and the Final Rule
One-hundred and ninety-three
comments of the 241 comments
received supported the modified and
expanded bridge operating schedule; the
majority of comments citing an
improved difference in the vehicle
traffic congestion or no difference in
marine navigation, and recommended
making the regulation permanent.
Additionally, comments stated that
emergency vehicles (including Fire
Department/EMS and Law Enforcement)
are better able to respond to emergency
calls. Some comments indicated that
switching to hourly weekend openings
between 9 a.m. and 7 p.m. (as opposed
to openings on the hour and the halfhour) would likely mitigate (if not
eliminate entirely) the worst aspects of
recurrent traffic jams through reduced
bridge openings.
Thirty-one comments of the 241
comments received did not support the
proposed hourly weekend opening
schedule. These comments suggested
that the modified bridge operation
schedule either did not make a
difference in the level of vehicular
traffic congestion and actually created
even more vehicular traffic or that
hourly openings created marine safety
issues or were inconvenient for boaters.
Some commenters additionally note that
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a backup in marine traffic could pose an
environmental issue, due to increased
diesel exhaust in the area from boats
idling awaiting the bridge opening. In
addition, some commenters stated
bridge tenders tend to leave bridge open
too long. While this may be the case, the
Coast Guard believes on-site bridge
tenders have a clear view of the
waterway and are the best persons to
determine safe situations for vessel
transits.
Some commenters suggested instead
of changing the bridge opening schedule
that unnecessary bridge openings could
be avoided by training bridge tenders to
demand antennas and outriggers be
lowered. The Coast Guard disagrees
with this suggestion, as the regulations
found in 33 CFR 117.11 discuss the
unnecessary openings of drawbridge,
including vessels who have not lowered
all appurantances that can be lowered.
Any complaints of non-compliance of
these regulations shall be reported to the
Coast Guard.
Other comments stated when the
bridge is open every hour and half hour,
boat traffic moves through more quickly
and road traffic is not delayed as long
as during the hourly openings. While
the Coast Guard agrees that boat traffic
would be faster with the half hour
openings compared to hourly openings,
= we disagree with the assertion that
road traffic is not effected. After review
of the vessel and traffic counts
presented in Section III above and
follow-up discussions with Monmouth
County engineers, the Coast Guard
concluded that there is an improvement
to land traffic with little effect to marine
traffic. Lastly, some commenters stated
the test deviation created more
hazardous conditions, including
increased congestion on the water and
a higher risk for accidents due to
inexperienced boaters, currents, and
difficulty maneuvering. While the Coast
Guard agrees the waterway is narrow
and challenging to maneuver during
tidal cycles, mariners should be
knowledgeable of the waterway ‘‘Rules
of the Road’’ and be able to plan their
voyages accordingly under this
modified regulation to enable safe
transits through the bridge. In response
to the additional comments summarized
that a new, higher bridge should be
built, Monmouth County is in the preapplication phase of concept
development for a new bridge and the
public will have an opportunity to
comment.
Some comments expressed either no
clear preference or alternate suggestions
to the proposed rule change. The
suggested alternatives offered by
commenters included: 1. Curtailing the
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16:30 Jul 08, 2019
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bridge openings on the weekends
further to every two hours or not at all;
2. Opening the bridge every 45 minutes
within the specific hour window in the
proposed rule; 3. Shrinking the hourly
opening window to between 11:00 and
4:00 p.m. The agency considered all
options presented by commenters. As
stated, the agency feels that the
proposed rule strikes the correct balance
between relieving traffic congestion
issues and boater safety, and declines to
adopt the proposed suggestions.
It is the Coast Guard’s opinion that
this rule meets the reasonable needs of
marine navigation with a positive effect
on vehicular and pedestrian traffic. The
rule allows for more efficient and
economical operation of the bridge.
Further, the new schedule balances the
seasonally high volume of roadway
traffic crossing the bridge during peak
hours, with the existing needs of marine
traffic.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it has not
been reviewed by the Office of
Management and Budget (OMB) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
The Coast Guard believes this rule is
not a significant regulatory action. The
bridge will open on the hour from 9 a.m.
to 7 p.m., during Friday, Saturday,
Sunday, and holidays, throughout the
summertime boating season, while still
opening on signal during evening hours
as well as through the autumn, winter
and spring months. The minimum 15
foot vertical clearance available while
the bridge is in the closed position is
sufficient to allow a significant number
of recreational vessels to safely and
expeditiously pass through the draw
without opening.
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B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 received no comments
from the Small Business Administration
on this rule. 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. While some owners or
operators of vessels intending to transit
the bridge may be small entities, for the
reasons stated in section V.A. above,
this final rule would not have a
significant economic impact on any
vessel owner or operator. Under section
213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121), we want to assist small
entities in understanding this rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
C. 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).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
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the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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. The
Coast Guard received no comments on
this section. If you believe this rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
F. Environment
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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; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.755, paragraph (a) is
revised to read as follows:
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 (adjusted for inflation) 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. The Coast
Guard received no comments on this
section.
§ 117.755
Shrewsbury River.
*
*
*
*
*
(a) The draw shall open on signal at
all times; except that, from the Friday
before Memorial Day through Labor
Day, on Friday, Saturday, Sunday and
holidays, between 9 a.m. and 7.pm., the
draw need only open on the hour.
*
*
*
*
*
Dated: June 17, 2019.
R.W. Warren,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. 2019–14496 Filed 7–8–19; 8:45 am]
BILLING CODE 9110–04–P
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
Figure 2–1, paragraph (32)(e), of the
Instruction.
A preliminary Record of
Environmental Consideration and a
Memorandum for the Record are not
required for this rule.
16:30 Jul 08, 2019
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
■
E. Unfunded Mandates Reform Act
VerDate Sep<11>2014
G. Protest Activities
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–NCR–28341; PPNCNAMAS0,
PPMPSPD1Z.YM0000]
RIN 1024–AE59
National Capital Region; Event at the
Washington Monument
National Park Service, Interior.
Temporary rule.
AGENCY:
ACTION:
The National Park Service is
temporarily revising a regulation for the
National Capital Region. This revision
will allow the projection of governmentselected film footage and associated
imagery of the Apollo 11 Mission onto
the Washington Monument for an
SUMMARY:
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official celebration of the fiftieth
anniversary of the Apollo 11 lunar
landing. This revision will allow for the
event within a restricted zone at the
Washington Monument from July 16 to
July 20, 2019. The revision to the
regulations will last long enough to
allow for the setup and take-down of
equipment related to the event, from
July 12 through July 23.
DATES: Effective July 12, 2019 through
11:59 EDT on July 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Reinbold, Superintendent,
National Mall and Memorial Parks,
(202) 245–4661, NAMA_
Superintendent@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
The Washington Monument is located
on the National Mall and honors our
Nation’s first President. Completed in
1884 through a combination of military
and civilian efforts, the Monument
stood taller than any structure in the
world. It has become an indelible
symbol of the Nation and its capital.
On July 20, 1969, the Nation reached
even farther into the sky when the
Apollo 11 Mission, another combination
of military and civilian efforts,
succeeded in landing the first humans
on the surface of the moon. On June 18,
2019, in anticipation of the fiftieth
anniversary of this momentous event,
Congress passed H.J. Res. 60, a joint
resolution that ‘‘requests the Secretary
of the Interior to authorize unique and
one-time arrangements for the display of
NASA and Smithsonian artifacts, digital
content, film footage, and associated
historic audio and imagery, in and
around the vicinity of the National Mall,
including projected onto the surface of
the Washington Monument for five
nights of public display during the
period beginning on July 16, 2019 and
ending on July 20, 2019’’. H.J. Res. 60.
To effectuate this resolution, the
National Aeronautics and Space
Administration (NASA), the
Smithsonian National Air and Space
Museum, and the Department of the
Interior (DOI) now seek to express the
Nation’s continued admiration of
American courage, sacrifice, and vision
that has led this Nation from its
founding to the unimaginable new
heights reached by Apollo 11.
In response to H.J. Res 60, the
Secretary of the Interior has directed the
National Park Service (NPS), from July
16 through July 20, 2019, to allow a
once-in-a-lifetime commemorative event
to project film footage and associated
imagery of the Apollo 11 Mission onto
the fac¸ade of the Washington
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]]>Agencies
[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Rules and Regulations]
[Pages 32619-32622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14496]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0460]
RIN 1625-AA09
Drawbridge Operation Regulation; Shrewsbury River, Monmouth
County Highway Bridge, Sea Bright, New Jersey
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Monmouth County Highway Bridge (alternatively referred to
as the ``Sea Bright Bridge'' or the ``S-32 Bridge'') across the
Shrewsbury River, mile 4.0 at Sea Bright, New Jersey. The owner of the
bridge, the Monmouth County Board of Chosen Freeholders (Monmouth
County), submitted a request to reduce the number of bridge openings
during the summer months to better serve the needs of the community
while continuing to meet the reasonable needs of navigation.
DATES: This rule is effective July 23, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
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available in the docket, go to https://www.regulations.gov. Type USCG-
2017-0460 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Donna D. Leoce, Bridge Management Specialist, First
Coast Guard District, telephone (212) 514-4332, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On July 18, 2017, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Shrewsbury River,
Sea Bright, New Jersey'' in the Federal Register (82 FR 32777). We
received 129 comments from the NPRM. Further, Commander (dpb), First
Coast Guard District also published a Public Notice 1-155 dated July
28, 2017. The notice requested comments and directed those comments be
added to the docket. In response to the 129 comments received,
additional data was gathered, including follow-up meetings with
Monmouth County officials and review of bridge logs and traffic counts.
Subsequently, the Coast Guard tested a temporary deviation with an
alternate schedule for the 2018 boating season. On May 22, 2018 the
Coast Guard published a temporary deviation from the operating schedule
entitled, ``Drawbridge Operation Regulation; Shrewsbury River, Sea
Bright, New Jersey'' in the Federal Register (83 FR 23581). The 2018
proposed change to the bridge operating schedule was tested to
determine whether a permanent change was warranted to allow the draw to
open as follows:
The draw shall open on signal at all times; except that, from the
Friday before Memorial Day through Labor Day, on Friday, Saturday,
Sunday, and holidays, between 9 a.m. and 7 p.m., the draw need only
open on the hour.
One-hundred-twelve comments were received in response to the test
deviation. This number includes the comments received directly to U.S.
Coast Guard District One, Bridge Branch. We received a total of 241
comments from the 2017 NPRM and the 2018 test deviation.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. This final rule lessens prior
restrictions for notice requirements on the weekends and holidays
during the summer months, and provides set schedules for bridge
openings. The public comments in response to the test deviation and the
NPRM support the promulgation of the modified regulation to reduce the
notice required for bridge openings and set hourly openings for a
specific period of time during the summer months. Making this rule
effective as soon as possible within the timeframe most impacted
(Memorial Day to Labor Day) will serve the needs of the community while
continuing to meet the reasonable needs of navigation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Monmouth County Highway Bridge, mile 4.0, across the Shrewsbury
River at Sea Bright, New Jersey, has a vertical clearance of 15 feet at
Mean High Water and 17 feet at Mean Low Water when the span is in the
closed position. Vertical clearance is unlimited when the draw is open.
Horizontal clearance is 75 feet. Waterway users include recreational
vessels and a limited number of commercial vessels including tug/barge
combinations.
The existing drawbridge regulation, 33 CFR 117.755, requires the
draw of the Monmouth County Highway Bridge to open as follows: The draw
shall open on signal at all times; except that, from May 15 through
September 30, Saturday, Sunday and holidays, between 9 a.m. and 7 p.m.,
the draw need open only on the hour and half hour. This regulation has
been in effect since July 6, 2010. Monmouth County, the owner of the
bridge, requested a change to the drawbridge operating regulations
given the increased volume of vehicular traffic crossing the bridge
associated with the summer months. The increase of vehicular traffic
resulted in significant traffic congestion on either side of the bridge
during peak travel hours. The owner of the bridge asserted that traffic
congestion will be improved or relieved through reduction of required
bridge openings for vessels. In the summer of 2018, a deviation from
the operating regulation was tested, from the Friday before Memorial
Day through Labor Day. The operating regulations presently encompassing
Saturdays, Sundays, and holidays was expanded to include Fridays as
well, between 9 a.m. and 7 p.m., the draw was open only on the hour to
allow for more efficient and economical operation of the bridge, given
the volume of vehicular traffic crossing the bridge at the beginning of
the weekend.
Density patterns were recorded from the Monmouth County 2018 bridge
logs for the Friday, Saturday, Sunday, and Holiday timeframes. In June,
from the first through the fifth weekends, boats requiring bridge
openings numbered: 42, 50, 59, 52, and 76 respectfully. In July, from
the first through the fourth weekends, including the July 4th holiday,
boats requiring bridge openings numbered: 101, 41, 29, and 66,
respectively. In August through September 3, 2018, from the first
through the fifth weekend, boats requiring bridge openings numbered:
53, 40, 40, 77, and 22 respectively. The vessels that utilize the
waterway are primarily recreational power boats, as well as sailboats
and occasional commercial vessels including tugs and barges.
Recorded from the Monmouth County vehicle traffic counts transiting
east and west bound over the bridge from the first through the fifth
weekends, July through September 3, 2018 range from 11,000 to over
15,000 vehicle crossings.
IV. Discussion of Comments, Changes and the Final Rule
One-hundred and ninety-three comments of the 241 comments received
supported the modified and expanded bridge operating schedule; the
majority of comments citing an improved difference in the vehicle
traffic congestion or no difference in marine navigation, and
recommended making the regulation permanent. Additionally, comments
stated that emergency vehicles (including Fire Department/EMS and Law
Enforcement) are better able to respond to emergency calls. Some
comments indicated that switching to hourly weekend openings between 9
a.m. and 7 p.m. (as opposed to openings on the hour and the half-hour)
would likely mitigate (if not eliminate entirely) the worst aspects of
recurrent traffic jams through reduced bridge openings.
Thirty-one comments of the 241 comments received did not support
the proposed hourly weekend opening schedule. These comments suggested
that the modified bridge operation schedule either did not make a
difference in the level of vehicular traffic congestion and actually
created even more vehicular traffic or that hourly openings created
marine safety issues or were inconvenient for boaters. Some commenters
additionally note that
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a backup in marine traffic could pose an environmental issue, due to
increased diesel exhaust in the area from boats idling awaiting the
bridge opening. In addition, some commenters stated bridge tenders tend
to leave bridge open too long. While this may be the case, the Coast
Guard believes on-site bridge tenders have a clear view of the waterway
and are the best persons to determine safe situations for vessel
transits.
Some commenters suggested instead of changing the bridge opening
schedule that unnecessary bridge openings could be avoided by training
bridge tenders to demand antennas and outriggers be lowered. The Coast
Guard disagrees with this suggestion, as the regulations found in 33
CFR 117.11 discuss the unnecessary openings of drawbridge, including
vessels who have not lowered all appurantances that can be lowered. Any
complaints of non-compliance of these regulations shall be reported to
the Coast Guard.
Other comments stated when the bridge is open every hour and half
hour, boat traffic moves through more quickly and road traffic is not
delayed as long as during the hourly openings. While the Coast Guard
agrees that boat traffic would be faster with the half hour openings
compared to hourly openings, = we disagree with the assertion that road
traffic is not effected. After review of the vessel and traffic counts
presented in Section III above and follow-up discussions with Monmouth
County engineers, the Coast Guard concluded that there is an
improvement to land traffic with little effect to marine traffic.
Lastly, some commenters stated the test deviation created more
hazardous conditions, including increased congestion on the water and a
higher risk for accidents due to inexperienced boaters, currents, and
difficulty maneuvering. While the Coast Guard agrees the waterway is
narrow and challenging to maneuver during tidal cycles, mariners should
be knowledgeable of the waterway ``Rules of the Road'' and be able to
plan their voyages accordingly under this modified regulation to enable
safe transits through the bridge. In response to the additional
comments summarized that a new, higher bridge should be built, Monmouth
County is in the pre-application phase of concept development for a new
bridge and the public will have an opportunity to comment.
Some comments expressed either no clear preference or alternate
suggestions to the proposed rule change. The suggested alternatives
offered by commenters included: 1. Curtailing the bridge openings on
the weekends further to every two hours or not at all; 2. Opening the
bridge every 45 minutes within the specific hour window in the proposed
rule; 3. Shrinking the hourly opening window to between 11:00 and 4:00
p.m. The agency considered all options presented by commenters. As
stated, the agency feels that the proposed rule strikes the correct
balance between relieving traffic congestion issues and boater safety,
and declines to adopt the proposed suggestions.
It is the Coast Guard's opinion that this rule meets the reasonable
needs of marine navigation with a positive effect on vehicular and
pedestrian traffic. The rule allows for more efficient and economical
operation of the bridge. Further, the new schedule balances the
seasonally high volume of roadway traffic crossing the bridge during
peak hours, with the existing needs of marine traffic.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
The Coast Guard believes this rule is not a significant regulatory
action. The bridge will open on the hour from 9 a.m. to 7 p.m., during
Friday, Saturday, Sunday, and holidays, throughout the summertime
boating season, while still opening on signal during evening hours as
well as through the autumn, winter and spring months. The minimum 15
foot vertical clearance available while the bridge is in the closed
position is sufficient to allow a significant number of recreational
vessels to safely and expeditiously pass through the draw without
opening.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received no comments from the Small Business
Administration on this rule. 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. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section V.A. above, this final rule would not have a
significant economic impact on any vessel owner or operator. Under
section 213(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121), we want to assist small entities in
understanding this rule. If the rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT, above.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. 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).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and
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the States, or on the distribution of power and responsibilities among
the various levels of government. We have analyzed this rule under that
Order and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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. The
Coast Guard received no comments on this section. If you believe this
rule has implications for federalism or Indian tribes, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) 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. The Coast Guard received no comments on this section.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under Figure 2-1, paragraph (32)(e), of the
Instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.755, paragraph (a) is revised to read as follows:
Sec. 117.755 Shrewsbury River.
* * * * *
(a) The draw shall open on signal at all times; except that, from
the Friday before Memorial Day through Labor Day, on Friday, Saturday,
Sunday and holidays, between 9 a.m. and 7.pm., the draw need only open
on the hour.
* * * * *
Dated: June 17, 2019.
R.W. Warren,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2019-14496 Filed 7-8-19; 8:45 am]
BILLING CODE 9110-04-P
