81 FR 62366 - Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 175 (September 9, 2016)
Coast Guard
Federal Register Volume 81, Issue 175 (September 9, 2016)
| Page Range | 62366-62367 | |
| FR Document | 2016-21766 |
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)] [Rules and Regulations] [Pages 62366-62367] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21766] [[Page 62366]] ----------------------------------------------------------------------- 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: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is temporarily modifying 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: This rule is effective October 11, 2016 to midnight on September 30, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type [USCG- 2061-0173] 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 temporary final rule, call or email Mr. Joe Arca, Project Officer, First Coast Guard District Bridge Branch, 212-668-7165, joe.m.arca@uscg.mil 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 Information and Regulatory History On June 1, 2016, we published a notice of proposed rulemaking (NPRM) entitled, Drawbridge Operation Regulations; Hackensack River, Jersey City, NJ in the Federal Register (81 FR 34932). We received no comments on the proposed rule. No public meeting was requested and none was held. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 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 drawbridge operation regulations are listed at 33 CFR 117.5. The waterway users are predominantly recreational vessels 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 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 existing regulations presently require the bridge to open on signal at all times. Under this temporary final rule the draw 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 2 p.m. and 6 p.m., Monday through Friday, except holidays. Tide dependent deep draft vessels may request bridge openings during the two rush hour closure periods provided at least a twelve hour advance notice is given. IV. Discussion of Comments, Changes and the Temporary Final Rule The Coast Guard provided a comment period of 60 days and no comments were received. As a result, no changes have been made to the rule as proposed. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protesters. A. Regulatory Planning and Review E.O.s 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. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the ability that vessels can still transit the bridge before and after rush hours and deep draft vessels can still transit the bridge during hours provided that at least a twelve hours advance notice is given by calling the number posted at the bridge. 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 rule will 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 [[Page 62367]] 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 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 E.O. 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. 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. 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. 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. 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; and Department of Homeland Security Delegation No. 0170.1. 0 2. Amend Sec. 117.723 by adding 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 at least a twelve hour advance notice is given by calling the number posted at the bridge. Dated: August 26, 2016. S.D. Poulin, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2016-21766 Filed 9-8-16; 8:45 am] BILLING CODE 9110-04-P
![62366 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
DEPARTMENT OF HOMELAND City, NJ in the Federal Register (81 FR harmonizing rules, and of promoting
SECURITY 34932). We received no comments on flexibility. This rule has not been
the proposed rule. No public meeting designated a ‘‘significant regulatory
Coast Guard was requested and none was held. action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
33 CFR Part 117 III. Legal Authority and Need for Rule
of Management and Budget.
The Coast Guard is issuing this rule This regulatory action determination
[Docket No. USCG–2016–0173]
under authority 33 U.S.C. 499. The is based on the ability that vessels can
RIN 1625–AA09 Route 1 & 9 (Lincoln Highway) Bridge still transit the bridge before and after
at mile 2.0, across the Hackensack River rush hours and deep draft vessels can
Drawbridge Operation Regulation; between Kearny and Jersey City, New still transit the bridge during hours
Hackensack River, Jersey City, NJ Jersey, has a vertical clearance of 40 feet provided that at least a twelve hours
AGENCY: Coast Guard, DHS. at mean high water and 45 feet at mean advance notice is given by calling the
ACTION: Temporary final rule. low water. The drawbridge operation number posted at the bridge.
regulations are listed at 33 CFR 117.5.
SUMMARY: The Coast Guard is The waterway users are B. Impact on Small Entities
temporarily modifying the operating predominantly recreational vessels and The Regulatory Flexibility Act of 1980
schedule that governs the Route 1 & 9 commercial vessels. (RFA), 5 U.S.C. 601–612, as amended,
(Lincoln Highway) Bridge across the The owner of the bridge, New Jersey requires federal agencies to consider the
Hackensack River, mile 2.0, Jersey City, Department of Transportation, potential impact of regulations on small
New Jersey. The bridge owner, New submitted a request to the Coast Guard entities during rulemaking. The term
Jersey Department of Transportation, to temporarily change the drawbridge ‘‘small entities’’ comprises small
submitted a request to restrict bridge operating regulations at 33 CFR 117.723 businesses, not-for-profit organizations
openings during the morning and by adding paragraph (k). This change that are independently owned and
afternoon rush hour periods to alleviate will facilitate additional vehicular operated and are not dominant in their
traffic congestion resulting from area traffic detoured from the Pulaski fields, and governmental jurisdictions
roadway closures. It is expected that Skyway Bridge which is expected to be with populations of less than 50,000.
this change to the regulations would under construction through September The Coast Guard received no comments
provide relief to vehicular traffic while 30, 2017. from the Small Business Administration
continuing to meet the reasonable needs The existing regulations presently on this rule. The Coast Guard certifies
of navigation. require the bridge to open on signal at under 5 U.S.C. 605(b) that this rule will
DATES: This rule is effective October 11, all times. not have a significant economic impact
2016 to midnight on September 30, Under this temporary final rule the on a substantial number of small
2017. draw shall open on signal; except that, entities. While some owners or
the draw need not open for the passage operators of vessels intending to transit
ADDRESSES: To view documents of vessel traffic between 6 a.m. and 10
mentioned in this preamble as being the bridge may be small entities, for the
a.m. and 2 p.m. and 6 p.m., Monday reasons stated in section V.A above, this
available in the docket, go to http:// through Friday, except holidays.
www.regulations.gov, type [USCG– rule will not have a significant
Tide dependent deep draft vessels economic impact on any vessel owner
2061–0173] in the ‘‘SEARCH’’ box and may request bridge openings during the
click ‘‘SEARCH.’’ Click on Open Docket or operator.
two rush hour closure periods provided
Folder on the line associated with this Under section 213(a) of the Small
at least a twelve hour advance notice is
rulemaking. Business Regulatory Enforcement
given.
FOR FURTHER INFORMATION CONTACT: If Fairness Act of 1996 (Pub. L. 104–121),
you have questions on this temporary IV. Discussion of Comments, Changes we want to assist small entities in
final rule, call or email Mr. Joe Arca, and the Temporary Final Rule understanding this rule. If the rule
Project Officer, First Coast Guard The Coast Guard provided a comment would affect your small business,
District Bridge Branch, 212–668–7165, period of 60 days and no comments organization, or governmental
joe.m.arca@uscg.mil were received. As a result, no changes jurisdiction and you have questions
SUPPLEMENTARY INFORMATION: have been made to the rule as proposed. concerning its provisions or options for
compliance, please contact the person
I. Table of Abbreviations V. Regulatory Analyses listed in the FOR FURTHER INFORMATION
We developed this rule after CONTACT, above.
CFR Code of Federal Regulations Small businesses may send comments
DHS Department of Homeland Security
considering numerous statutes and
executive orders (E.O.s) related to on the actions of Federal employees
E.O. Executive order
FR Federal Register rulemaking. Below we summarize our who enforce, or otherwise determine
NPRM Notice of proposed rulemaking analyses based on a number of these compliance with, Federal regulations to
SNPRM Supplemental notice of proposed statutes and E.O.s, and we discuss First the Small Business and Agriculture
rulemaking Amendment rights of protesters. Regulatory Enforcement Ombudsman
Pub. L. Public Law and the Regional Small Business
§ Section A. Regulatory Planning and Review Regulatory Fairness Boards. The
U.S.C. United States Code E.O.s 12866 and 13563 direct agencies Ombudsman evaluates these actions
to assess the costs and benefits of annually and rates each agency’s
ehiers on DSK5VPTVN1PROD with RULES
II. Background Information and available regulatory alternatives and, if responsiveness to small business. If you
Regulatory History regulation is necessary, to select wish to comment on actions by
On June 1, 2016, we published a regulatory approaches that maximize employees of the Coast Guard, call 1–
notice of proposed rulemaking (NPRM) net benefits. E.O. 13563 emphasizes the 888–REG–FAIR (1–888–734–3247). The
entitled, Drawbridge Operation importance of quantifying both costs Coast Guard will not retaliate against
Regulations; Hackensack River, Jersey and benefits, of reducing costs, of small entities that question or complain
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![Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62367
about this rule or any policy or action figure 2–1, paragraph (32)(e), of the DEPARTMENT OF HOMELAND
of the Coast Guard. Instruction. SECURITY
C. Collection of Information Under figure 2–1, paragraph (32)(e), of
Coast Guard
This rule calls for no new collection the Instruction, an environmental
of information under the Paperwork analysis checklist and a categorical
33 CFR Part 117
Reduction Act of 1995 (44 U.S.C. 3501– exclusion determination are not
required for this rule. [Docket No. USCG–2016–0858]
3520).
D. Federalism and Indian Tribal G. Protest Activities Drawbridge Operation Regulation;
Government Black Warrior River, Eutaw, Alabama
The Coast Guard respects the First
A rule has implications for federalism Amendment rights of protesters. AGENCY: Coast Guard, DHS.
under Executive Order 13132, Protesters are asked to contact the ACTION:Notice of deviation from
Federalism, if it has a substantial direct person listed in the FOR FURTHER drawbridge regulations.
effect on the States, on the relationship INFORMATION CONTACT section to
between the national government and SUMMARY: The Coast Guard has issued a
coordinate protest activities so that your
the States, or on the distribution of temporary deviation from the operating
message can be received without
power and responsibilities among the schedule that governs the Norfolk
jeopardizing the safety or security of Southern Railroad vertical lift span
various levels of government. We have
people, places or vessels. bridge across the Black Warrior River,
analyzed this rule under that Order and
have determined that it is consistent List of Subjects in 33 CFR Part 117 mile 267.8, at Eutaw, Greene County,
with the fundamental federalism Alabama. This deviation is necessary to
principles and preemption requirements Bridges. install drive motors necessary for the
described in E.O. 13132. For the reasons discussed in the continued safe operation of the bridge.
Also, this rule does not have tribal This deviation allows the bridge to
preamble, the Coast Guard amends 33
implications under Executive Order remain closed for two (2) three-hour
CFR part 117 as follows:
13175, Consultation and Coordination periods daily, Monday through
with Indian Tribal Governments, PART 117—DRAWBRIDGE Thursday for two consecutive weeks.
because it does not have a substantial OPERATION REGULATIONS Additionally, this deviation allows the
direct effect on one or more Indian bridge to be closed continuously eight
tribes, on the relationship between the hours nightly on the following week,
■ 1. The authority citation for part 117
Federal Government and Indian tribes, Monday evening through Friday
or on the distribution of power and continues to read as follows: morning. This deviation is necessary to
responsibilities between the Federal Authority: 33 U.S.C. 499; 33 CFR 1.05–1; install new bushings to the primary
Government and Indian tribes. and Department of Homeland Security drive axle.
Delegation No. 0170.1. DATES: This deviation is effective from
E. Unfunded Mandates Reform Act
■ 2. Amend § 117.723 by adding September 19, 2016 through October 7,
The Unfunded Mandates Reform Act 2016.
of 1995 (2 U.S.C. 1531–1538) requires paragraph (k) to read as follows:
ADDRESSES: The docket for this
Federal agencies to assess the effects of § 117.723 Hackensack River. deviation, [USCG–2016–0682] is
their discretionary regulatory actions. In
* * * * * available at http://www.regulations.gov.
particular, the Act addresses actions
(k) The draw of the Route 1 & 9 Type the docket number in the
that may result in the expenditure by a
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
State, local, or tribal government, in the (Lincoln Highway) Bridge, mile 2.0,
Click on Open Docket Folder on the line
aggregate, or by the private sector of between Kearny and Jersey City, shall
associated with this deviation.
$100,000,000 (adjusted for inflation) or open on signal; except that, the draw
more in any one year. Though this rule FOR FURTHER INFORMATION CONTACT: If
need not open for the passage of vessel
will not result in such an expenditure, you have questions on this temporary
traffic between 6 a.m. and 10 a.m. and
we do discuss the effects of this rule deviation, call or email Donna Gagliano,
between 2 p.m. and 6 p.m., Monday
elsewhere in this preamble. Bridge Administration Branch, Coast
through Friday, except holidays. Tide Guard; telephone 504–671–2128, email
F. Environment dependent deep draft vessels may Donna.Gagliano@uscg.mil.
request bridge openings between 6 a.m.
We have analyzed this rule under SUPPLEMENTARY INFORMATION: The
and 10 a.m. and between 2 p.m. and 6
Department of Homeland Security Norfolk Southern Corporation requested
p.m. provided at least a twelve hour
Management Directive 023–01 and a temporary deviation in order to
Commandant Instruction M16475.lD, advance notice is given by calling the perform maintenance on the Norfolk
which guides the Coast Guard in number posted at the bridge. Southern Railroad vertical lift span
complying with the National Dated: August 26, 2016. bridge across the Black Warrior River,
Environmental Policy Act of 1969 S.D. Poulin, mile 267.8, at Eutaw, Greene County,
(NEPA)(42 U.S.C. 4321–4370f), and Rear Admiral, U.S. Coast Guard, Commander, Alabama. This deviation allows the
have made a determination that this First Coast Guard District. bridge owner to install drive motors
action is one of a category of actions [FR Doc. 2016–21766 Filed 9–8–16; 8:45 am]
necessary to improve reliability and safe
which do not individually or operation of the movable bridge and
ehiers on DSK5VPTVN1PROD with RULES
BILLING CODE 9110–04–P
cumulatively have a significant effect on install new bushings to the primary
the human environment. This rule drive axle. This temporary deviation
simply promulgates the operating allows the bridge to remain closed-to-
regulations or procedures for navigation from 8 a.m. until 11 a.m. and
drawbridges. This action is categorically from 1 p.m. until 4 p.m. daily, Monday
excluded from further review, under through Thursday, September 19, 2016
VerDate Sep<11>2014 15:26 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\09SER1.SGM 09SER1](https://thefederalregister.org/doc/81_FR_62541/page/2.svg)
Document Created: 2018-02-09 13:15:00
Document Modified: 2018-02-09 13:15:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective October 11, 2016 to midnight on September 30, 2017. | |
| Contact | If you have questions on this temporary final rule, call or email Mr. Joe Arca, Project Officer, First Coast Guard District Bridge Branch, 212-668-7165, [email protected] | |
| FR Citation | 81 FR 62366 | |
| RIN Number | 1625-AA09 |
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