81_FR_35037 81 FR 34932 - Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ

81 FR 34932 - Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range34932-34935
FR Document2016-12929

The Coast Guard proposes to temporarily modify the operating schedule that governs the Route 1 & 9 (Lincoln Highway) Bridge across the Hackensack River, mile 2.0, Jersey City, New Jersey. The bridge owner, New Jersey Department of Transportation, submitted a request to restrict bridge openings during the morning and afternoon rush hour periods to alleviate traffic congestion resulting from area roadway closures. It is expected that this change to the regulations would provide relief to vehicular traffic while continuing to meet the reasonable needs of navigation.

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016)
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Proposed Rules]
[Pages 34932-34935]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12929]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0173]
RIN 1625-AA09


Drawbridge Operation Regulation; Hackensack River, Jersey City, 
NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

[[Page 34933]]

SUMMARY: The Coast Guard proposes to temporarily modify the operating 
schedule that governs the Route 1 & 9 (Lincoln Highway) Bridge across 
the Hackensack River, mile 2.0, Jersey City, New Jersey. The bridge 
owner, New Jersey Department of Transportation, submitted a request to 
restrict bridge openings during the morning and afternoon rush hour 
periods to alleviate traffic congestion resulting from area roadway 
closures. It is expected that this change to the regulations would 
provide relief to vehicular traffic while continuing to meet the 
reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before August 1, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0173 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the Supplementary Information section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Joe M. Arca, Project Officer, First Coast Guard 
District, telephone (212) 514-4336, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Route 1 & 9 (Lincoln Highway) Bridge at mile 2.0, across the 
Hackensack River between Kearny and Jersey City, New Jersey, has a 
vertical clearance of 40 feet at mean high water and 45 feet at mean 
low water. The waterway users include recreational and commercial 
vessels.
    The owner of the bridge, New Jersey Department of Transportation, 
submitted a request to the Coast Guard to temporarily change the 
drawbridge operating regulations.
    The purpose of this temporary rule is to help provide relief from 
vehicular traffic congestion during the morning and afternoon vehicular 
rush hour periods due to local construction detours. Vehicular traffic 
on the bridge has increased due to additional traffic detoured from the 
adjacent Pulaski Skyway Bridge, which is currently under construction 
to replace its deck. Construction on the Pulaski Skyway Bridge is 
expected to continue through September 2017.
    The existing regulations require the bridge to open on signal at 
all times. Under this proposed temporary rule the Route 1 & 9 (Lincoln 
Highway) Bridge would open on signal, except that the draw need not 
open for the passage of vessel traffic between 6 a.m. and 10 a.m. and 2 
p.m. and 6 p.m., Monday through Friday, except holidays.
    Tide dependent deep draft vessels may request bridge openings 
during the rush hour closure periods provided that at least a twelve 
hour advance notice is given by calling the number posted at the 
bridge, which is (973) 589-5143.

III. Discussion of Proposed Rule

    The Coast Guard proposes to change the drawbridge operation 
regulations at 33 CFR 117.723 by adding paragraph (k). This change will 
facilitate additional vehicular traffic detoured from the Pulaski 
Skyway Bridge which is expected to be under construction through 
September 30, 2017.
    The Coast Guard believes it is reasonable to allow the Route 1 & 9 
(Lincoln Highway) Bridge to remain in the closed position during the 
morning and afternoon rush hours to accommodate the anticipated 40,000 
vehicles, daily, detoured from the Pulaski Skyway Bridge. Given the 
additional detoured vehicular traffic, if the Route 1 & 9 Bridge opened 
frequently for vessel traffic during the morning and afternoon rush 
hours, it would likely result in significant vehicular traffic delays 
and could negatively impact the ability of emergency vehicles to 
respond.
    Review of the bridge logs in the last three years shows that the 
bridge openings average 25 per month.
    Tide dependent deep draft vessels may request bridge openings 
between 6 a.m. and 10 a.m. and between 2 p.m. and 6 p.m. provided that 
at least a twelve hour advance notice is given by calling the number 
posted at the bridge. The twelve hour advance notice requirement for 
bridge openings during the rush hour periods gives tide dependent deep 
draft vessels ample time to plan and optimize their transits through 
the waterway, and also gives the bridge owner the opportunity to alert 
commuters of any expected delays caused by pending bridge openings.
    Other vessels can still transit the bridge outside the rush hours. 
It is our opinion that this temporary rule meets the reasonable needs 
of marine and vehicular traffic.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the ability that 
tide dependent deep draft vessels can still transit the bridge given 
advanced notice and vessels that are not tide dependant can still 
transit outside the closure hours. We believe that the proposal to 
change the drawbridge operation regulations at 33 CFR 117.723 to allow 
the bridge owner to keep the Route 1 & 9 (Lincoln Highway) Bridge in 
the closed position during the morning and afternoon rush hour periods 
as stated in Section III above, will meet the reasonable needs of 
navigation.

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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    The Bridge provides 40 feet of vertical clearance at mean high 
water that should accommodate all the present vessel traffic except 
deep draft vessels. The bridge will continue to open on signal for 
commercial deep draft vessel traffic provided at least a twelve hour 
advance notice is given. While some

[[Page 34934]]

owners or operators of vessels intending to transit the bridge may be 
small entities, for the reasons stated in section IV.A., above, this 
proposed rule would not have a significant economic impact on any 
vessel owner or operator.
    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.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. 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).

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 the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed 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 proposed temporary 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. If you believe this proposed rule has implications for 
federalism or Indian tribes, please contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section above.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed temporary 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 preliminary 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 proposed rule 
simply promulgates the operating regulations or procedures for 
drawbridges. Normally such actions are categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. Through September 30, 2017, in Sec.  117.723, add paragraph (k) to 
read as follows:


Sec.  117.723  Hackensack River.

* * * * *
    (k) The draw of the Route 1 & 9 (Lincoln Highway) Bridge, mile 2.0, 
between Kearny and Jersey City, shall open on signal, except that the 
draw need not open for the passage of vessel traffic between 6 a.m. and 
10 a.m. and between 2 p.m. and 6 p.m., Monday through Friday, except 
holidays.
    Tide dependent deep draft vessels may request bridge openings 
between 6 a.m. and 10 a.m. and between 2 p.m. and 6 p.m. provided that 
at least a

[[Page 34935]]

twelve hour advance notice is given by calling the number posted at the 
bridge.

    Dated: May 18, 2016.
K.C. Kiefer,
Captain, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-12929 Filed 5-31-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                  34932                  Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules

                                                  DATES:  The second meeting of the                       150 attendees). Because space is limited,             Act (FACA), 5 U.S.C. App. 2. Secretary
                                                  ACCESS Advisory Committee will be                       we ask that any member of the public                  of Transportation Anthony Foxx
                                                  held on June 14 and 15, 2016, from 9                    who plans to attend the meeting notify                approved the ACCESS Advisory
                                                  a.m. to 5 p.m., Eastern Daylight Time.                  the registration contact, Alyssa Battle               Committee charter on April 6, 2016. The
                                                  ADDRESSES: The meeting will be held at                  (Abattle@linkvisum.com; 703–442–4575                  committee’s charter sets forth policies
                                                  the Capital Hilton, 1001 16th Street                    extension 127) or Kyle Illgenfritz                    for the operation of the advisory
                                                  NW., Washington DC 20036, in the                        (kilgenfritz@linkvisum.com; 703–442–                  committee and is available on the
                                                  Congressional Room. Attendance is                       4575 extension 128) at Linkvisum, no                  Department’s Web site at
                                                  open to the public up to the room’s                     later than June 7, 2016. At the discretion            www.transportation.gov/office-general-
                                                  capacity of 150 attendees. Since space is               of the facilitator and the Committee and              counsel/negotiated-regulations/charter.
                                                  limited, any member of the general                      time permitting, members of the public
                                                                                                          are invited to contribute to the                      V. Privacy Act
                                                  public who plans to attend this meeting
                                                  must notify the registration contact                    discussion and provide oral comments.                   In accordance with 5 U.S.C. 553(c),
                                                  identified below no later than June 7,                                                                        DOT solicits comments from the public
                                                                                                          II. Submitting Written Comments
                                                  2016.                                                                                                         to better inform its rulemaking process.
                                                                                                             Members of the public may submit                   DOT posts these comments, without
                                                  FOR FURTHER INFORMATION CONTACT: To                     written comments on the topics to be                  edit, including any personal information
                                                  register to attend the meeting, please                  considered during the meeting by June                 the commenter provides, to
                                                  contact Alyssa Battle (Abattle@                         7, 2016, to FDMC, Docket Number                       www.regulations.gov, as described in
                                                  linkvisum.com; 703–442–4575                             DOT–OST–2015–0246. You may submit                     the system of records notice (DOT/ALL–
                                                  extension 127) or Kyle Illgenfritz                      your comments and material online or                  14 FDMS), which can be reviewed at
                                                  (kilgenfritz@linkvisum.com; 703–442–                    by fax, mail, or hand delivery, but                   www.dot.gov/privacy.
                                                  4575 extension 128). For other                          please use only one of these means.
                                                  information, please contact Livaughn                    DOT recommends that you include your                  VI. Future Committee Meetings
                                                  Chapman or Vinh Nguyen, Office of the                   name and a mailing address, an email                     DOT anticipates that the ACCESS
                                                  Aviation Enforcement and Proceedings,                   address, or a phone number in the body                Advisory Committee will have four
                                                  U.S. Department of Transportation, by                   of your document so that DOT can                      additional two-day meetings in
                                                  email at livaughn.chapman@dot.gov or                    contact you if there are questions                    Washington DC The meetings are
                                                  vinh.nguyen@dot.gov or by telephone at                  regarding your submission.                            tentatively scheduled for following
                                                  202–366–9342.                                              To submit your comment online, go to               dates: third meeting, July 11–12; fourth
                                                  SUPPLEMENTARY INFORMATION:                              http://www.regulations.gov, put the                   meeting, August 16–17; fifth meeting,
                                                  I. Second Public Meeting of the ACCESS                  docket number, DOT–OST–2015–0246,                     September 22–23, and the sixth and
                                                  Committee                                               in the keyword box, and click ‘‘Search.’’             final meeting, October 13–14. Notices of
                                                                                                          When the new screen appears, click on                 all future meetings will be published in
                                                     The second meeting of the ACCESS                     the ‘‘Comment Now!’’ button and type                  the Federal Register at least 15 calendar
                                                  Advisory Committee will be held on                      your comment into the text box on the                 days prior to each meeting.
                                                  June 14 and 15, 2016, from 9:00 a.m. to                 following screen. Choose whether you                     Notice of this meeting is being
                                                  5:00 p.m., Eastern Daylight Time. The                   are submitting your comment as an                     provided in accordance with the Federal
                                                  meeting will be held at the Capital                     individual or on behalf of a third party              Advisory Committee Act and the
                                                  Hilton, 1001 16th Street NW.,                           and then submit. If you submit your                   General Services Administration
                                                  Washington DC 20036, in the                             comments by mail or hand delivery,                    regulations covering management of
                                                  Congressional Room. At the meeting,                     submit them in an unbound format, no                  Federal advisory committees. See 41
                                                  the ACCESS Advisory Committee will                      larger than 81⁄2 by 11 inches, suitable for           CFR part 102–3.
                                                  continue to address whether to require                  copying and electronic filing.                           Issued under the authority of
                                                  accessible inflight entertainment (IFE)
                                                                                                          III. Viewing Comments and Documents                   delegation in 49 CFR 1.27(n).
                                                  and strengthen accessibility
                                                  requirements for other in-flight                           To view comments and any                             Dated: May 25, 2016.
                                                  communications, whether to require an                   documents mentioned in this preamble                  Judith S. Kaleta,
                                                  accessible lavatory on new single-aisle                 as being available in the docket, go to               Acting General Counsel.
                                                  aircraft over a certain size, and whether               www.regulations.gov. Enter the docket                 [FR Doc. 2016–12882 Filed 5–31–16; 8:45 am]
                                                  to amend the definition of ‘‘service                    number, DOT–OST–2015–0246, in the                     BILLING CODE 4910–9X–P
                                                  animals’’ that may accompany                            keyword box, and click ‘‘Search.’’ Next,
                                                  passengers with a disability on a flight.               click the link to ‘‘Open Docket Folder’’
                                                  This meeting will include reports from                  and choose the document to review. If
                                                  working groups formed to address the                                                                          DEPARTMENT OF HOMELAND
                                                                                                          you do not have access to the Internet,
                                                  three issues listed above. Prior to the                                                                       SECURITY
                                                                                                          you may view the docket online by
                                                  meeting, the agenda will be available on                visiting the Docket Management Facility               Coast Guard
                                                  the ACCESS Advisory Committee’s Web                     in Room W12–140 on the ground floor
                                                  site, www.transportation.gov/access-                    of the DOT West Building, 1200 New                    33 CFR Part 117
                                                  advisory-committee. The agenda will                     Jersey Avenue SE., Washington, DC
                                                  also be posted to the Federal Docket                    20590, between 9 a.m. and 5 p.m., E.T.,               [Docket No. USCG–2016–0173]
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  Management System (FDMC), Docket                        Monday through Friday, except Federal
                                                  Number DOT–OST–2015–0246.                               holidays.                                             RIN 1625–AA09
                                                  Information on how to access advisory
                                                  committee documents via the FDMC is                     IV. ACCESS Advisory Committee                         Drawbridge Operation Regulation;
                                                  contained in Section III, below.                        Charter                                               Hackensack River, Jersey City, NJ
                                                     The meeting will be open to the                        The ACCESS Advisory Committee is                    AGENCY:   Coast Guard, DHS.
                                                  public. Attendance will be limited by                   established by charter in accordance
                                                                                                                                                                ACTION:   Notice of proposed rulemaking.
                                                  the size of the meeting room (maximum                   with the Federal Advisory Committee


                                             VerDate Sep<11>2014   17:32 May 31, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\01JNP1.SGM   01JNP1


                                                                         Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules                                           34933

                                                  SUMMARY:    The Coast Guard proposes to                 has increased due to additional traffic               the reasonable needs of marine and
                                                  temporarily modify the operating                        detoured from the adjacent Pulaski                    vehicular traffic.
                                                  schedule that governs the Route 1 & 9                   Skyway Bridge, which is currently
                                                                                                                                                                IV. Regulatory Analyses
                                                  (Lincoln Highway) Bridge across the                     under construction to replace its deck.
                                                  Hackensack River, mile 2.0, Jersey City,                Construction on the Pulaski Skyway                      We developed this proposed rule after
                                                  New Jersey. The bridge owner, New                       Bridge is expected to continue through                considering numerous statutes and
                                                  Jersey Department of Transportation,                    September 2017.                                       Executive Orders related to rulemaking.
                                                  submitted a request to restrict bridge                     The existing regulations require the               Below we summarize our analyses
                                                  openings during the morning and                         bridge to open on signal at all times.                based on these statutes and Executive
                                                  afternoon rush hour periods to alleviate                Under this proposed temporary rule the                Orders and we discuss First
                                                  traffic congestion resulting from area                  Route 1 & 9 (Lincoln Highway) Bridge                  Amendment rights of protestors.
                                                  roadway closures. It is expected that                   would open on signal, except that the                 A. Regulatory Planning and Review
                                                  this change to the regulations would                    draw need not open for the passage of
                                                  provide relief to vehicular traffic while               vessel traffic between 6 a.m. and 10 a.m.                Executive Orders 12866 and 13563
                                                  continuing to meet the reasonable needs                 and 2 p.m. and 6 p.m., Monday through                 direct agencies to assess the costs and
                                                  of navigation.                                          Friday, except holidays.                              benefits of available regulatory
                                                                                                             Tide dependent deep draft vessels                  alternatives and, if regulation is
                                                  DATES: Comments and related material
                                                                                                          may request bridge openings during the                necessary, to select regulatory
                                                  must reach the Coast Guard on or before                                                                       approaches that maximize net benefits.
                                                  August 1, 2016.                                         rush hour closure periods provided that
                                                                                                          at least a twelve hour advance notice is              Executive Order 13563 emphasizes the
                                                  ADDRESSES: You may submit comments                                                                            importance of quantifying both costs
                                                                                                          given by calling the number posted at
                                                  identified by docket number USCG–                                                                             and benefits, of reducing costs, of
                                                                                                          the bridge, which is (973) 589–5143.
                                                  2016–0173 using Federal eRulemaking                                                                           harmonizing rules, and of promoting
                                                  Portal at http://www.regulations.gov.                   III. Discussion of Proposed Rule                      flexibility. This NPRM has not been
                                                     See the ‘‘Public Participation and                      The Coast Guard proposes to change                 designated a ‘‘significant regulatory
                                                  Request for Comments’’ portion of the                   the drawbridge operation regulations at               action,’’ under Executive Order 12866.
                                                  Supplementary Information section                       33 CFR 117.723 by adding paragraph                    Accordingly, the NPRM has not been
                                                  below for instructions on submitting                    (k). This change will facilitate                      reviewed by the Office of Management
                                                  comments.                                               additional vehicular traffic detoured                 and Budget.
                                                  FOR FURTHER INFORMATION CONTACT: If                     from the Pulaski Skyway Bridge which                     This regulatory action determination
                                                  you have questions on this proposed                     is expected to be under construction                  is based on the ability that tide
                                                  rule, call or email Mr. Joe M. Arca,                    through September 30, 2017.                           dependent deep draft vessels can still
                                                  Project Officer, First Coast Guard                         The Coast Guard believes it is                     transit the bridge given advanced notice
                                                  District, telephone (212) 514–4336,                     reasonable to allow the Route 1 & 9                   and vessels that are not tide dependant
                                                  email joe.m.arca@uscg.mil.                              (Lincoln Highway) Bridge to remain in                 can still transit outside the closure
                                                  SUPPLEMENTARY INFORMATION:                              the closed position during the morning                hours. We believe that the proposal to
                                                                                                          and afternoon rush hours to                           change the drawbridge operation
                                                  I. Table of Abbreviations                               accommodate the anticipated 40,000                    regulations at 33 CFR 117.723 to allow
                                                  CFR Code of Federal Regulations                         vehicles, daily, detoured from the                    the bridge owner to keep the Route 1 &
                                                  DHS Department of Homeland Security                     Pulaski Skyway Bridge. Given the                      9 (Lincoln Highway) Bridge in the
                                                  E.O. Executive order                                    additional detoured vehicular traffic, if             closed position during the morning and
                                                  FR Federal Register                                     the Route 1 & 9 Bridge opened                         afternoon rush hour periods as stated in
                                                  NPRM Notice of proposed rulemaking                      frequently for vessel traffic during the              Section III above, will meet the
                                                  SNPRM Supplemental notice of proposed
                                                      rulemaking
                                                                                                          morning and afternoon rush hours, it                  reasonable needs of navigation.
                                                  Pub. L. Public Law                                      would likely result in significant
                                                                                                                                                                B. Impact on Small Entities
                                                  § Section                                               vehicular traffic delays and could
                                                  U.S.C. United States Code                               negatively impact the ability of                         The Regulatory Flexibility Act of 1980
                                                                                                          emergency vehicles to respond.                        (RFA), 5 U.S.C. 601–612, as amended,
                                                  II. Background, Purpose and Legal                          Review of the bridge logs in the last              requires federal agencies to consider the
                                                  Basis                                                   three years shows that the bridge                     potential impact of regulations on small
                                                     The Route 1 & 9 (Lincoln Highway)                    openings average 25 per month.                        entities during rulemaking. The term
                                                  Bridge at mile 2.0, across the                             Tide dependent deep draft vessels                  ‘‘small entities’’ comprises small
                                                  Hackensack River between Kearny and                     may request bridge openings between 6                 businesses, not-for-profit organizations
                                                  Jersey City, New Jersey, has a vertical                 a.m. and 10 a.m. and between 2 p.m.                   that are independently owned and
                                                  clearance of 40 feet at mean high water                 and 6 p.m. provided that at least a                   operated and are not dominant in their
                                                  and 45 feet at mean low water. The                      twelve hour advance notice is given by                fields, and governmental jurisdictions
                                                  waterway users include recreational and                 calling the number posted at the bridge.              with populations of less than 50,000.
                                                  commercial vessels.                                     The twelve hour advance notice                        The Coast Guard certifies under 5 U.S.C.
                                                     The owner of the bridge, New Jersey                  requirement for bridge openings during                605(b) that this proposed rule would not
                                                  Department of Transportation,                           the rush hour periods gives tide                      have a significant economic impact on
                                                  submitted a request to the Coast Guard                  dependent deep draft vessels ample                    a substantial number of small entities.
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  to temporarily change the drawbridge                    time to plan and optimize their transits                 The Bridge provides 40 feet of vertical
                                                  operating regulations.                                  through the waterway, and also gives                  clearance at mean high water that
                                                     The purpose of this temporary rule is                the bridge owner the opportunity to                   should accommodate all the present
                                                  to help provide relief from vehicular                   alert commuters of any expected delays                vessel traffic except deep draft vessels.
                                                  traffic congestion during the morning                   caused by pending bridge openings.                    The bridge will continue to open on
                                                  and afternoon vehicular rush hour                          Other vessels can still transit the                signal for commercial deep draft vessel
                                                  periods due to local construction                       bridge outside the rush hours. It is our              traffic provided at least a twelve hour
                                                  detours. Vehicular traffic on the bridge                opinion that this temporary rule meets                advance notice is given. While some


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                                                  34934                  Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules

                                                  owners or operators of vessels intending                in the FOR FURTHER INFORMATION                        docket number for this rulemaking,
                                                  to transit the bridge may be small                      CONTACT section above.                                indicate the specific section of this
                                                  entities, for the reasons stated in section                                                                   document to which each comment
                                                                                                          E. Unfunded Mandates Reform Act
                                                  IV.A., above, this proposed rule would                                                                        applies, and provide a reason for each
                                                  not have a significant economic impact                    The Unfunded Mandates Reform Act                    suggestion or recommendation.
                                                  on any vessel owner or operator.                        of 1995 (2 U.S.C. 1531–1538) requires                    We encourage you to submit
                                                     If you think that your business,                     Federal agencies to assess the effects of             comments through the Federal
                                                  organization, or governmental                           their discretionary regulatory actions. In            eRulemaking Portal at http://
                                                  jurisdiction qualifies as a small entity                particular, the Act addresses actions                 www.regulations.gov. If your material
                                                  and that this rule would have a                         that may result in the expenditure by a               cannot be submitted using http://
                                                  significant economic impact on it,                      State, local, or tribal government, in the            www.regulations.gov, contact the person
                                                  please submit a comment (see                            aggregate, or by the private sector of                in the FOR FURTHER INFORMATION
                                                  ADDRESSES) explaining why you think it                  $100,000,000 (adjusted for inflation) or              CONTACT section of this document for
                                                  qualifies and how and to what degree                    more in any one year. Though this                     alternate instructions.
                                                  this rule would economically affect it.                 proposed rule will not result in such an                 We accept anonymous comments. All
                                                     Under section 213(a) of the Small                    expenditure, we do discuss the effects of             comments received will be posted
                                                  Business Regulatory Enforcement                         this proposed rule elsewhere in this                  without change to http://
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 preamble.                                             www.regulations.gov and will include
                                                  we want to assist small entities in                     F. Environment                                        any personal information you have
                                                  understanding this proposed rule. If the                                                                      provided. For more about privacy and
                                                                                                             We have analyzed this proposed                     the docket, you may review a Privacy
                                                  rule would affect your small business,
                                                                                                          temporary rule under Department of                    Act notice regarding the Federal Docket
                                                  organization, or governmental
                                                                                                          Homeland Security Management                          Management System in the March 24,
                                                  jurisdiction and you have questions
                                                                                                          Directive 023–01 and Commandant                       2005, issue of the Federal Register (70
                                                  concerning its provisions or options for
                                                                                                          Instruction M16475.lD, which guides                   FR 15086).
                                                  compliance, please contact the person
                                                                                                          the Coast Guard in complying with the                    Documents mentioned in this notice
                                                  listed in the FOR FURTHER INFORMATION
                                                                                                          National Environmental Policy Act of                  and all public comments, are in our
                                                  CONTACT, above. The Coast Guard will
                                                                                                          1969 (NEPA) (42 U.S.C. 4321–4370f),                   online docket at http://
                                                  not retaliate against small entities that
                                                                                                          and have made a preliminary                           www.regulations.gov and can be viewed
                                                  question or complain about this
                                                                                                          determination that this action is one of              by following that Web site’s
                                                  proposed rule or any policy or action of
                                                                                                          a category of actions which do not                    instructions. Additionally, if you go to
                                                  the Coast Guard.
                                                                                                          individually or cumulatively have a                   the online docket and sign up for email
                                                  C. Collection of Information                            significant effect on the human                       alerts, you will be notified when
                                                                                                          environment. This proposed rule simply                comments are posted or a final rule is
                                                    This proposed rule would call for no
                                                                                                          promulgates the operating regulations or              published.
                                                  new collection of information under the
                                                                                                          procedures for drawbridges. Normally
                                                  Paperwork Reduction Act of 1995 (44                                                                           List of Subjects in 33 CFR Part 117
                                                                                                          such actions are categorically excluded
                                                  U.S.C. 3501–3520).
                                                                                                          from further review, under figure 2–1,                  Bridges.
                                                  D. Federalism and Indian Tribal                         paragraph (32)(e), of the Instruction.
                                                  Government                                                 Under figure 2–1, paragraph (32)(e), of              For the reasons discussed in the
                                                                                                          the Instruction, an environmental                     preamble, the Coast Guard proposes to
                                                     A rule has implications for federalism               analysis checklist and a categorical                  amend 33 CFR part 117 as follows:
                                                  under Executive Order 13132,                            exclusion determination are not
                                                  Federalism, if it has a substantial direct                                                                    PART 117—DRAWBRIDGE
                                                                                                          required for this rule. We seek any
                                                  effect on the States, on the relationship                                                                     OPERATION REGULATIONS
                                                                                                          comments or information that may lead
                                                  between the national government and                     to the discovery of a significant
                                                  the States, or on the distribution of                                                                         ■ 1. The authority citation for part 117
                                                                                                          environmental impact from this                        continues to read as follows:
                                                  power and responsibilities among the                    proposed rule.
                                                  various levels of government. We have                                                                           Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                  analyzed this proposed rule under that                  G. Protest Activities                                 Department of Homeland Security Delegation
                                                  Order and have determined that it is                                                                          No. 0170.1.
                                                                                                            The Coast Guard respects the First
                                                  consistent with the fundamental                         Amendment rights of protesters.                       ■ 2. Through September 30, 2017, in
                                                  federalism principles and preemption                    Protesters are asked to contact the                   § 117.723, add paragraph (k) to read as
                                                  requirements described in Executive                     person listed in the FOR FURTHER                      follows:
                                                  Order 13132.                                            INFORMATION CONTACT section to
                                                     Also, this proposed temporary rule                                                                         § 117.723    Hackensack River.
                                                                                                          coordinate protest activities so that your
                                                  does not have tribal implications under                 message can be received without                       *      *    *    *     *
                                                  Executive Order 13175, Consultation                     jeopardizing the safety or security of                   (k) The draw of the Route 1 & 9
                                                  and Coordination with Indian Tribal                     people, places or vessels.                            (Lincoln Highway) Bridge, mile 2.0,
                                                  Governments, because it would not have                                                                        between Kearny and Jersey City, shall
                                                  a substantial direct effect on one or                   V. Public Participation and Request for               open on signal, except that the draw
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  more Indian tribes, on the relationship                 Comments                                              need not open for the passage of vessel
                                                  between the Federal Government and                        We view public participation as                     traffic between 6 a.m. and 10 a.m. and
                                                  Indian tribes, or on the distribution of                essential to effective rulemaking, and                between 2 p.m. and 6 p.m., Monday
                                                  power and responsibilities between the                  will consider all comments and material               through Friday, except holidays.
                                                  Federal Government and Indian tribes.                   received during the comment period.                      Tide dependent deep draft vessels
                                                  If you believe this proposed rule has                   Your comment can help shape the                       may request bridge openings between 6
                                                  implications for federalism or Indian                   outcome of this rulemaking. If you                    a.m. and 10 a.m. and between 2 p.m.
                                                  tribes, please contact the person listed                submit a comment, please include the                  and 6 p.m. provided that at least a


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                                                                         Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules                                                   34935

                                                  twelve hour advance notice is given by                  additional submission methods, the full                  • Provide specific examples to
                                                  calling the number posted at the bridge.                EPA public comment policy,                            illustrate your concerns, and suggest
                                                    Dated: May 18, 2016.                                  information about CBI or multimedia                   alternatives;
                                                  K.C. Kiefer,                                            submissions, and general guidance on                     • Explain your views as clearly as
                                                                                                          making effective comments, please visit               possible, avoiding the use of profanity
                                                  Captain, U.S. Coast Guard, Commander, First
                                                  Coast Guard District.                                   http://www2.epa.gov/dockets/                          or personal threats; and,
                                                                                                          commenting-epa-dockets.                                  • Make sure to submit your
                                                  [FR Doc. 2016–12929 Filed 5–31–16; 8:45 am]
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                comments by the comment period
                                                  BILLING CODE 9110–04–P
                                                                                                          James Hou, Air Program, U.S.                          deadline identified.
                                                                                                          Environmental Protection Agency,                      II. Background
                                                  ENVIRONMENTAL PROTECTION                                Region 8, Mailcode 8P–AR, 1595                           The Lamar area was designated
                                                  AGENCY                                                  Wynkoop Street, Denver, Colorado                      nonattainment for PM10 and classified
                                                                                                          80202–1129, (303) 312–6210,
                                                                                                                                                                as moderate by operation of law upon
                                                  40 CFR Part 52                                          hou.james@epa.gov.
                                                                                                                                                                enactment of the CAA Amendments of
                                                                                                          SUPPLEMENTARY INFORMATION:                            1990. See 56 FR 56694, 56705, 56736
                                                  [EPA–R08–OAR–2015–0042; FRL–9947–09–
                                                  Region 8]                                               Table of Contents                                     (November 6, 1991). EPA approved
                                                                                                                                                                Colorado’s nonattainment area SIP for
                                                  Approval and Promulgation of Air                        I. General Information                                the Lamar PM10 nonattainment area on
                                                  Quality Implementation Plans; State of                  II. Background
                                                                                                                                                                June 9, 1994 (59 FR 29732).
                                                  Colorado; Second Ten-Year PM10                          III. What was the State’s process?
                                                                                                          IV. EPA’s Evaluation of the Revised Lamar
                                                                                                                                                                   On July 31, 2002, the Governor of
                                                  Maintenance Plan for Lamar                                   PM10 Maintenance Plan                            Colorado submitted a request to EPA to
                                                  AGENCY:  Environmental Protection                       V. Proposed Action                                    redesignate the Lamar moderate PM10
                                                  Agency (EPA).                                           VI. Statutory and Executive Order Reviews             nonattainment area to attainment for the
                                                                                                                                                                1987 PM10 NAAQS. Along with this
                                                  ACTION: Proposed rule.                                  I. General Information                                request, the State submitted a
                                                  SUMMARY:    The Environmental Protection                What should I consider as I prepare my                maintenance plan, which demonstrated
                                                  Agency (EPA) is proposing to approve                    comments for EPA?                                     that the area was expected to remain in
                                                  State Implementation Plan (SIP)                                                                               attainment of the PM10 NAAQS through
                                                                                                             1. Submitting Confidential Business
                                                  revisions submitted by the State of                                                                           2015. EPA approved the Lamar
                                                                                                          Information (CBI). Do not submit CBI to
                                                  Colorado. On May 13, 2013, the                                                                                maintenance plan and redesignation to
                                                                                                          EPA through http://www.regulations.gov
                                                  Governor of Colorado’s designee                                                                               attainment on October 25, 2005 (70 FR
                                                                                                          or email. Clearly mark the part or all of
                                                  submitted to the EPA a revised                                                                                61563).
                                                                                                          the information that you claim to be                     Eight years after an area is
                                                  maintenance plan for the Lamar area for                 CBI. For CBI information on a disk or
                                                  the National Ambient Air Quality                                                                              redesignated to attainment, the CAA
                                                                                                          CD ROM that you mail to the EPA, mark                 section 175A(b) requires the state to
                                                  Standards (NAAQS) for particulate                       the outside of the disk or CD ROM as
                                                  matter with an aerodynamic diameter                                                                           submit a subsequent maintenance plan
                                                                                                          CBI and then identify electronically                  to the EPA, covering a second 10-year
                                                  less than or equal to 10 microns (PM10).                within the disk or CD ROM the specific
                                                  EPA is proposing to approve the revised                                                                       period.1 This second 10-year
                                                                                                          information that is claimed as CBI. In                maintenance plan must demonstrate
                                                  maintenance plan with the exception of                  addition to one complete version of the
                                                  one aspect of the plan’s contingency                                                                          continued maintenance of the
                                                                                                          comment that includes information                     applicable NAAQS during this second
                                                  measures.                                               claimed as CBI, a copy of the comment                 10-year period. To fulfill this
                                                  DATES: Written comments must be                         that does not contain the information                 requirement of the Act, the Governor of
                                                  received on or before July 1, 2016.                     claimed as CBI must be submitted for                  Colorado’s designee submitted the
                                                  ADDRESSES: Submit your comments,                        inclusion in the public docket.                       second 10-year update of the PM10
                                                  identified by Docket ID No. EPA–R08–                    Information so marked will not be                     maintenance plan to the EPA on May
                                                  OAR–2015–0042 at http://                                disclosed except in accordance with                   13, 2013 (hereafter, ‘‘revised Lamar
                                                  www.regulations.gov. Follow the online                  procedures set forth in 40 CFR part 2.                PM10 Maintenance Plan’’).
                                                  instructions for submitting comments.                      2. Tips for preparing your comments.                  As described in 40 CFR 50.6, the level
                                                  Once submitted, comments cannot be                      When submitting comments, remember                    of the national primary and secondary
                                                  edited or removed from regulations.gov.                 to:                                                   24-hour ambient air quality standards
                                                  The EPA may publish any comment                            • Identify the rulemaking by docket                for PM10 is 150 micrograms per cubic
                                                  received to its public docket. Do not                   number and other identifying                          meter (mg/m3). An area attains the 24-
                                                  submit electronically any information                   information (subject heading, Federal                 hour PM10 standard when the expected
                                                  you consider to be Confidential                         Register volume, date, and page                       number of days per calendar year with
                                                  Business Information (CBI) or other                     number);                                              a 24-hour concentration in excess of the
                                                  information whose disclosure is                            • Follow directions and organize your              standard (referred to herein as
                                                  restricted by statute. Multimedia                       comments;
                                                  submissions (audio, video, etc.,) must be                  • Explain why you agree or disagree;                 1 In this case, the initial maintenance period

                                                  accompanied by a written comment.                          • Suggest alternatives and substitute              described in CAA section 175A(a) was required to
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  The written comment is considered the                   language for your requested changes;                  extend for at least 10 years after the redesignation
                                                                                                                                                                to attainment, which was effective on November 25,
                                                  official comment and should include                        • Describe any assumptions and                     2005. See 70 FR 61563. Therefore, the first
                                                  discussion of all points you wish to                    provide any technical information and/                maintenance plan was required to show
                                                  make. The EPA will generally not                        or data that you used;                                maintenance through 2015. CAA section 175A(b)
                                                  consider comments or comment                               • If you estimate potential costs or               requires that the second 10-year maintenance plan
                                                                                                                                                                maintain the NAAQS for ‘‘10 years after the
                                                  contents located outside of the primary                 burdens, explain how you arrived at                   expiration of the 10-year period referred to in
                                                  submission (i.e., on the web, cloud, or                 your estimate in sufficient detail to                 [section 175A(a)].’’ Thus, for the Lamar area, the
                                                  other file sharing system). For                         allow for it to be reproduced;                        second 10-year period ends in 2025.



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Document Created: 2018-02-08 07:27:11
Document Modified: 2018-02-08 07:27:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before August 1, 2016.
ContactIf you have questions on this proposed rule, call or email Mr. Joe M. Arca, Project Officer, First Coast Guard District, telephone (212) 514-4336, email [email protected]
FR Citation81 FR 34932 
RIN Number1625-AA09

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