[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Rules and Regulations]
[Pages 14487-14488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6218]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-025]
RIN 2115-AE47


Drawbridge Operation Regulations: Hackensack River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; withdrawal of notice of deviation.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Lincoln Highway Bridge, at mile 1.8, 
across the Hackensack River at Jersey City, New Jersey. This temporary 
final rule requires vessels to provide a one-hour daytime advance 
notice and a four-hour nighttime advance notice for bridge openings 
through May 7, 2001. This action is necessary to facilitate maintenance 
of the bridge.

DATES: This temporary final rule is effective from March 13, 2001 
through May 7, 2001.

ADDRESSES: The public docket and all documents referred to in this 
notice are available for inspection or copying at the First Coast Guard 
District, Bridge Branch Office, 408 Atlantic Avenue, Boston, 
Massachusetts, 02110, 7 a.m. to 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Yee, Project Officer, First 
Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after publication in the Federal Register. The temporary rule 
will not impose bridge closure periods, only advance notification 
requirements. The Coast Guard discussed the advance notification 
periods with all known waterway users likely to be impacted by this 
change in operating regulations and none objected. Any delay 
encountered in this regulation's effective date would be unnecessary 
and contrary to the public interest since immediate action is needed to 
perform maintenance repairs at the bridge to insure continued safe 
operation.

Background

    The Lincoln Highway Bridge, at mile 1.8, across the Hackensack 
River has a vertical clearance of 35 feet at mean high water and 40 
feet at mean low water. The existing operating regulations require the 
bridge to open on signal at all times.
    The owner of the bridge, the New Jersey Department of 
Transportation (NJDOT), requested a temporary change to the operating 
regulations for the bridge to allow the bridge to operate as follows: 
February 12, 2001 through May 7, 2001 the Lincoln Highway Bridge shall 
open on signal; except that, Monday through Thursday, 9 a.m. to 4 p.m., 
at least a one-hour advance notice for bridge openings is required and 
from 9 p.m. on Friday through 5 a.m. on Monday, at least a four-hour 
advance notice for bridge openings is required. Vessels that can pass 
under the bridges without openings may do so at all times.
    The bridge owner was initially granted a 60-day deviation to the 
operating regulations effective February 12, 2001 and published in the 
Federal Register on February 21, 2001 at 66 FR 10965. Because the 
bridge repair work is expected to take more than 60 days to complete, 
the notice of deviation is withdrawn and superseded by this temporary 
final rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040; February 26, 
1979). This conclusion is based on the fact that the bridge will 
continue to open at all times provided the advance notice is given.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. ``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 less than 50,000.

[[Page 14488]]

    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This conclusion is based on the fact that the bridge will 
continue to open on signal at all times provided the advance notice is 
given.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found to not have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.


    2. From March 13, 2001 through May 7, 2001, in Sec. 117.723 a new 
temporary paragraph (i) is added to read as follows:


Sec. 117.723  Hackensack River

* * * * *
    (i) The Lincoln Highway Bridge, mile 1.8, shall open on signal; 
except that, Monday through Thursday, 9 a.m. to 4 p.m., at least a one-
hour advance notice for bridge openings is required and from 9 p.m. on 
Friday through 5 a.m. on Monday, at least a four-hour advance notice 
for bridge openings is required.

    Dated: February 27, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-6218 Filed 3-12-01; 8:45 am]
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