82_FR_55545 82 FR 55322 - Drawbridge Operation Regulation; Passaic River, Newark, NJ

82 FR 55322 - Drawbridge Operation Regulation; Passaic River, Newark, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 223 (November 21, 2017)

Page Range55322-55323
FR Document2017-25157

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Routes 1 & 9 (Lincoln Highway) Bridge across the Passaic River, mile 1.8 at Newark, New Jersey. This deviation is necessary to facilitate structural steel repairs at the lift span and allowing the bridge owner to temporarily close the draw for forty-seven days.

Federal Register, Volume 82 Issue 223 (Tuesday, November 21, 2017)
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Rules and Regulations]
[Pages 55322-55323]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25157]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-1031]


Drawbridge Operation Regulation; Passaic River, Newark, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the Routes 1 & 9 (Lincoln Highway) 
Bridge across the Passaic River, mile 1.8 at Newark, New Jersey. This 
deviation is necessary to facilitate structural steel repairs at the 
lift span and allowing the bridge owner to temporarily close the draw 
for forty-seven days.

DATES: This deviation is effective without actual notice from November 
21, 2017 until 11:59 p.m. on January 5, 2018. For the purposes of 
enforcement, actual notice will be used from 12:01 a.m. on November 20, 
2017 until November 21, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-1031, is available 
at http://www.regulations.gov. Type the docket number in the ``SEARCH'' 
box and click ``SEARCH''. Click on Open Docket Folder on the line 
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary deviation, call or email Judy K. Leung-Yee, Bridge Management 
Specialist, First District Bridge Branch, U.S. Coast Guard; telephone 
212-514-4336, email [email protected].

SUPPLEMENTARY INFORMATION: The owner of the bridge, the New Jersey 
Department of Transportation, requested a temporary deviation in order 
to facilitate structural steel repairs at the lift span.
    The Routes 1 & 9 Bridge across the Passaic River, mile 1.8, at 
Newark, New Jersey is a vertical lift bridge with a vertical clearance 
of 40 feet at mean high water and 45 feet at mean low water in the 
closed position. The existing drawbridge operating regulations are 
listed at 33 CFR 117.739(b).
    This temporary deviation will allow the Routes 1 & 9 Bridge to 
remain in the closed position from 12:01 a.m. on November 20, 2017 to 
11:59 p.m. on January 5, 2018. The waterway users are seasonal 
recreational vessels and commercial vessels of various sizes. 
Coordination with waterway users indicated no objection to the proposed 
closure of the draw. Vessels that can pass under the bridge without an 
opening may do so at all times. The bridge will not be able to open for 
emergencies. There is no alternate route for vessels to pass.
    The Coast Guard will also inform the users of the waterways through 
our Local and Broadcast Notices to Mariners of the change in operating 
schedule for the bridge so vessel operators may arrange their transits 
to minimize any

[[Page 55323]]

impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

    Dated: November 16, 2017.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2017-25157 Filed 11-20-17; 8:45 am]
BILLING CODE 9110-04-P



                                                  55322            Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Rules and Regulations

                                                  C. Collection of Information                            determination is available in the docket              SUMMARY:    The Coast Guard has issued a
                                                    This rule would call for no new                       where indicated in the ADDRESSES                      temporary deviation from the operating
                                                  collection of information under the                     section of this preamble.                             schedule that governs the Routes 1 & 9
                                                  Paperwork Reduction Act of 1995                                                                               (Lincoln Highway) Bridge across the
                                                                                                          G. Protest Activities
                                                  (44 U.S.C. 3501–3520.).                                                                                       Passaic River, mile 1.8 at Newark, New
                                                                                                            The Coast Guard respects the First                  Jersey. This deviation is necessary to
                                                  D. Federalism and Indian Tribal                         Amendment rights of protesters.                       facilitate structural steel repairs at the
                                                  Government                                              Protesters are asked to contact the                   lift span and allowing the bridge owner
                                                     A rule has implications for federalism               person listed in the FOR FURTHER                      to temporarily close the draw for forty-
                                                  under Executive Order 13132,                            INFORMATION CONTACT section to                        seven days.
                                                  Federalism, if it has a substantial direct              coordinate protest activities so that your            DATES: This deviation is effective
                                                  effect on the States, on the relationship               message can be received without                       without actual notice from November
                                                  between the national government and                     jeopardizing the safety or security of                21, 2017 until 11:59 p.m. on January 5,
                                                  the States, or on the distribution of                   people, places or vessels.                            2018. For the purposes of enforcement,
                                                  power and responsibilities among the                    List of Subjects in 33 CFR Part 117                   actual notice will be used from 12:01
                                                  various levels of government. We have                                                                         a.m. on November 20, 2017 until
                                                  analyzed this rule under that Order and                   Bridges.
                                                                                                                                                                November 21, 2017.
                                                  have determined that it is consistent                     For the reasons discussed in the
                                                                                                          preamble, the Coast Guard amends 33                   ADDRESSES: The docket for this
                                                  with the fundamental federalism
                                                                                                          CFR part 117 as follows:                              deviation, USCG–2017–1031, is
                                                  principles and preemption requirements
                                                  described in Executive Order 13132.                                                                           available at http://www.regulations.gov.
                                                     Also, this rule does not have tribal                 PART 117—DRAWBRIDGE                                   Type the docket number in the
                                                  implications under Executive Order                      OPERATION REGULATIONS                                 ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                  13175, Consultation and Coordination                                                                          Click on Open Docket Folder on the line
                                                                                                          ■ 1. The authority citation for part 117              associated with this deviation.
                                                  with Indian Tribal Governments,
                                                                                                          continues to read as follows:                         FOR FURTHER INFORMATION CONTACT: If
                                                  because it would not have a substantial
                                                  direct effect on one or more Indian                       Authority: 33 U.S.C. 499; 33 CFR 1.05–1;            you have questions on this temporary
                                                  tribes, on the relationship between the                 Department of Homeland Security Delegation            deviation, call or email Judy K. Leung-
                                                  Federal Government and Indian tribes,                   No. 0170.1.                                           Yee, Bridge Management Specialist,
                                                  or on the distribution of power and                     ■   2. Revise § 117.671 to read as follows:           First District Bridge Branch, U.S. Coast
                                                  responsibilities between the Federal                                                                          Guard; telephone 212–514–4336, email
                                                  Government and Indian tribes.                           § 117.671    Upper Mississippi River.                 Judy.K.Leung-Yee@uscg.mil.
                                                                                                            (a) The draws of all bridges between
                                                  E. Unfunded Mandates Reform Act                                                                               SUPPLEMENTARY INFORMATION: The owner
                                                                                                          Lock and Dam No. 14, mile 493.3, and
                                                                                                                                                                of the bridge, the New Jersey
                                                    The Unfunded Mandates Reform Act                      Lock and Dam No. 2, mile 815.2, shall
                                                                                                                                                                Department of Transportation, requested
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   open on signal; except that, from on or
                                                                                                                                                                a temporary deviation in order to
                                                  Federal agencies to assess the effects of               about December 15 through the last day
                                                                                                                                                                facilitate structural steel repairs at the
                                                  their discretionary regulatory actions. In              of February, the draws shall open on
                                                                                                                                                                lift span.
                                                  particular, the Act addresses actions                   signal if at least 24 hours notice is given.
                                                  that may result in the expenditure by a                   (b) The draws of all bridges between                   The Routes 1 & 9 Bridge across the
                                                  State, local, or tribal government, in the              Lock and Dam No. 2, mile 815.2 and                    Passaic River, mile 1.8, at Newark, New
                                                  aggregate, or by the private sector of                  Lock and Dam No. 1, mile 847.6, shall                 Jersey is a vertical lift bridge with a
                                                  $100,000,000 (adjusted for inflation) or                open on signal; except that, from on or               vertical clearance of 40 feet at mean
                                                  more in any one year. Though this rule                  about December 15 through the last day                high water and 45 feet at mean low
                                                  will not result in such an expenditure,                 of February, the draws shall open on                  water in the closed position. The
                                                  we do discuss the effects of this rule                  signal if at least 12 hours notice is given.          existing drawbridge operating
                                                  elsewhere in this preamble.                                                                                   regulations are listed at 33 CFR
                                                                                                            Dated: October 13, 2017.                            117.739(b).
                                                  F. Environment                                          P.F. Thomas,                                             This temporary deviation will allow
                                                     We have analyzed this rule under                     Rear Admiral, U.S. Coast Guard, Commander,            the Routes 1 & 9 Bridge to remain in the
                                                  Department of Homeland Security                         Eighth Coast Guard District.                          closed position from 12:01 a.m. on
                                                  Management Directive 023–01 and                         [FR Doc. 2017–25197 Filed 11–20–17; 8:45 am]          November 20, 2017 to 11:59 p.m. on
                                                  Commandant Instruction M16475.lD,                       BILLING CODE 9110–04–P                                January 5, 2018. The waterway users are
                                                  which guides the Coast Guard in                                                                               seasonal recreational vessels and
                                                  complying with the National                                                                                   commercial vessels of various sizes.
                                                  Environmental Policy Act of 1969                        DEPARTMENT OF HOMELAND                                Coordination with waterway users
                                                  (NEPA) (42 U.S.C. 4321–4370f), and                      SECURITY                                              indicated no objection to the proposed
                                                  have made a preliminary determination                                                                         closure of the draw. Vessels that can
                                                                                                          Coast Guard                                           pass under the bridge without an
                                                  that this action is one of a category of
                                                  actions which do not individually or                                                                          opening may do so at all times. The
                                                                                                          33 CFR Part 117                                       bridge will not be able to open for
                                                  cumulatively have a significant effect on
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  the human environment. This rule                        [Docket No. USCG–2017–1031]                           emergencies. There is no alternate route
                                                  simply promulgates the operating                                                                              for vessels to pass.
                                                  regulations or procedures for                           Drawbridge Operation Regulation;                         The Coast Guard will also inform the
                                                  drawbridges. This action is categorically               Passaic River, Newark, NJ                             users of the waterways through our
                                                  excluded from further review, under                     AGENCY: Coast Guard, DHS.                             Local and Broadcast Notices to Mariners
                                                  figure 2–1, paragraph (32)(e), of the                                                                         of the change in operating schedule for
                                                                                                          ACTION:Notice of deviation from
                                                  Instruction. A Memorandum for the                                                                             the bridge so vessel operators may
                                                                                                          drawbridge regulation.
                                                  Record (MWR) supporting this                                                                                  arrange their transits to minimize any


                                             VerDate Sep<11>2014   17:18 Nov 20, 2017   Jkt 244001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\21NOR1.SGM   21NOR1


                                                                   Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Rules and Regulations                                            55323

                                                  impact caused by the temporary                          the petitioning parties that was likely               fewer claimants, must list the name of
                                                  deviation.                                              unintended.                                           each claimant included in the joint
                                                     In accordance with 33 CFR 117.35(e),                    The preamble to the proposed rule, 82              claim directly on the filed joint claim.
                                                  the drawbridge must return to its regular               FR 14167, addressed the purpose of the                Filers submitting joint claims on behalf
                                                  operating schedule immediately at the                   revisions to the rules: (1) Changes were              of more than ten claimants must include
                                                  end of the effective period of this                     necessary due to implementation of an                 an Excel spreadsheet listing the name of
                                                  temporary deviation. This deviation                     electronic filing system, and (2)                     each claimant included in the joint
                                                  from the operating regulations is                       consolidation of rules was necessary to               claim. For joint claims filed by mail or
                                                  authorized under 33 CFR 117.35.                         streamline the regulations regarding                  hand delivery, the filer may submit the
                                                    Dated: November 16, 2017.                             cable and satellite claims. The preamble              list containing the name of each
                                                                                                          also stated that the rules regarding                  claimant included in the joint claim in
                                                  Christopher J. Bisignano,
                                                                                                          DART claims would be relocated, but it                a single Excel spreadsheet on CD, DVD,
                                                  Supervisory Bridge Management Specialist,
                                                                                                          did not mention any other changes to                  or other electronic storage medium.
                                                  First Coast Guard District.
                                                                                                          the DART rules. In the final rule, the                *      *    *     *    *
                                                  [FR Doc. 2017–25157 Filed 11–20–17; 8:45 am]
                                                                                                          Judges mistakenly added a requirement
                                                  BILLING CODE 9110–04–P                                                                                          Dated: November 16, 2017.
                                                                                                          that filers include in the content of joint
                                                                                                                                                                Suzanne M. Barnett,
                                                                                                          DART claims the addresses and email
                                                                                                          addresses of all listed claimants.                    Chief Copyright Royalty Judge.
                                                  LIBRARY OF CONGRESS                                        The petitioners argue that if the rule             [FR Doc. 2017–25183 Filed 11–20–17; 8:45 am]
                                                                                                          stands they will not be able to file joint            BILLING CODE 1410–72–P
                                                  Copyright Royalty Board                                 claims for their clients because of
                                                                                                          confidentiality restrictions regarding
                                                  37 CFR Part 360                                         release of address information. Had the               FEDERAL COMMUNICATIONS
                                                  [Docket No. 17–CRB–0012–RM]                             Judges proposed a change in the rule to               COMMISSION
                                                                                                          require addresses and email addresses,
                                                  Procedural Regulations for the                          the petitioners would have submitted a                47 CFR Parts 0, 1, 43, and 63
                                                  Copyright Royalty Board Regarding                       comment objecting to that requirement.                [IB Docket No. 17–55; 16–131, FCC 17–136]
                                                  Electronic Filing of Claims;                               In light of the fact that the claims
                                                  Corrections                                             filing period for DART starts in less than            Reporting Requirements for U.S.
                                                                                                          two months, the Judges do not intend to               Providers of International Services;
                                                  AGENCY:  Copyright Royalty Board (CRB),                 impose a greater burden on the                        2016 Biennial Review of
                                                  Library of Congress.                                    petitioners than in past filing periods.              Telecommunications Regulations
                                                  ACTION: Correcting amendment.                           They remove the requirement for
                                                                                                          claimant addresses and email addresses                AGENCY:  Federal Communications
                                                  SUMMARY:    On June 13, 2017, the                       from the regulations governing the                    Commission.
                                                  Copyright Royalty Judges revised their                  content of joint DART claims.                         ACTION: Final rule.
                                                  rules regarding filing of claims. That
                                                  document inadvertently added a                          List of Subjects in 37 CFR Part 360                   SUMMARY:    In this document, the Federal
                                                  requirement that filers of joint DART                                                                         Communications Commission
                                                                                                            Administrative practice and
                                                  claims include addresses and email                                                                            (Commission) eliminates the annual
                                                                                                          procedure, Cable royalties, Claims,
                                                  addresses for all claimants. Interested                                                                       international Traffic and Revenue
                                                                                                          Copyright, Electronic filing, Satellite
                                                  parties filed a petition to amend asking                                                                      Reports. The submission of the Traffic
                                                                                                          royalties.
                                                  the Judges to remove the requirement                                                                          and Revenue Reports is no longer
                                                                                                            Accordingly, 37 CFR part 360 is                     necessary as the costs of the data
                                                  because the proposed rule did not                       corrected by making the following
                                                  include it. This document corrects the                                                                        collection now exceed its benefits.
                                                                                                          correcting amendments:                                Instead, the Commission will rely on
                                                  final regulations to remove the
                                                  requirement.                                            PART 360—FILING OF CLAIMS TO                          commercially available data, along with
                                                                                                          ROYALTY FEES COLLECTED UNDER                          targeted data collections when
                                                  DATES: Effective November 21, 2017.                                                                           necessary, to meet its statutory
                                                                                                          COMPULSORY LICENSE
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              objectives. The Report and Order also
                                                  Anita Blaine, CRB Program Specialist,                   ■ 1. The authority citation for part 360              reduces the burdens of the Circuit
                                                  by telephone at (202) 707–7658 or email                 continues to read as follows:                         Capacity Reports, for instance by
                                                  at crb@loc.gov. Docket: For access to the                                                                     eliminating reporting of terrestrial and
                                                                                                            Authority: 17 U.S.C. 801, 803, 805.
                                                  docket to read background documents,                      Subpart A also issued under 17 U.S.C.               satellite circuits.
                                                  go to eCRB, the Copyright Royalty                       111(d)(4) and 119(b)(4).                              DATES: Effective December 21, 2017,
                                                  Board’s electronic filing and case                        Subpart B also issued under 17 U.S.C.               except for 47 CFR 0.457(d)(1)(xi),
                                                  management system, at https://                          1007(a)(1).                                           1.767(g)(13) through (16), 43.62, 43.82,
                                                  app.crb.gov/ and search for docket                        Subpart C also issued under 17 U.S.C.               63.10(c)(2), 63.21(d), 63.22(e), (h) and
                                                  number 17–CRB–0012–RM.                                  111(d)(4), 119(b)(4) and 1007(a)(1).                  (i). The amendments to 47 CFR 43.62,
                                                  SUPPLEMENTARY INFORMATION: On August                    ■ 2. In § 360.22, revise paragraph (e) to             43.82, and 63.22(h) require approval of
                                                  22, 2017, ASCAP, BMI, SESAC, AARC,                      read as follows:                                      information collection requirements by
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  and HFA petitioned the Copyright                                                                              the Office of Management and Budget
                                                  Royalty Judges to amend the rule                        § 360.22    Form and content of claims.               (OMB) prior to becoming effective; and
                                                  regarding filing of DART joint claims, 82               *     *     *     *    *                              the effective date for amendments to 47
                                                  FR 27016, because the proposed rule                       (e) List of claimants. If the claim is a            CFR 0.457(d)(1)(xi), 1.767(g)(13) through
                                                  did not discuss a change requiring                      joint claim, it must include the name of              (16), 63.10(c)(2), 63.21(d), 63.22(e) and
                                                  addresses and email addresses of all                    each claimant participating in the joint              (i) will be the same as those for 47 CFR
                                                  claimants listed in joint claims, and the               claim. Filers submitting joint claims                 43.62, 43.82, and 63.22(h) because those
                                                  new requirement places a burden upon                    online through eCRB on behalf of ten or               amendments are directly related to each


                                             VerDate Sep<11>2014   17:18 Nov 20, 2017   Jkt 244001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\21NOR1.SGM   21NOR1



Document Created: 2017-11-21 00:42:48
Document Modified: 2017-11-21 00:42:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of deviation from drawbridge regulation.
DatesThis deviation is effective without actual notice from November 21, 2017 until 11:59 p.m. on January 5, 2018. For the purposes of enforcement, actual notice will be used from 12:01 a.m. on November 20, 2017 until November 21, 2017.
ContactIf you have questions on this temporary deviation, call or email Judy K. Leung-Yee, Bridge Management Specialist, First District Bridge Branch, U.S. Coast Guard; telephone 212-514-4336, email [email protected]
FR Citation82 FR 55322 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR