[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Rules and Regulations]
[Pages 64812-64813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26719]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-116]
RIN 2115-AE47


Drawbridge Operation Regulations; Passaic River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulations that govern the Routes 1 & 9 (Lincoln Highway) 
Bridge, at mile 1.8, across the Passaic River at Newark, New Jersey. 
This temporary change to the drawbridge operation regulations will 
allow the bridge to remain in the closed position from 9 p.m. on Friday 
through 5 a.m. on Monday, for twelve weeks, beginning Friday, October 
25, 2002 through Monday, January 13, 2003. This action is necessary to 
facilitate maintenance at the bridge.

DATES: This rule is effective from October 25, 2002 through January 13, 
2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD01-02-116) and are available for 
inspection or copying at the First Coast Guard District, Bridge 
Administration Office, 408 Atlantic Avenue, Boston, Massachusetts, 
02110-3350, between 7 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First 
Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM and under 5 U.S.C. 553(d)(3), 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.
    The bridge deck is severely deteriorated and must be replaced with 
all due speed. The deck repairs must be performed on weekends because 
heavy vehicular traffic during the weekdays prohibits the necessary 
lane closures required to perform the deck repairs. The Coast Guard 
believes the weekend closures are reasonable because the bridge 
normally does not open during the months from October through January.
    Due to the critical need to perform these emergency deck repairs, 
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 these repairs.

Background and Purpose

    The Route 1 & 9 (Lincoln Highway) Bridge has a vertical clearance 
of 40 feet at mean high water and 45 feet at mean low water. The 
existing regulations at 33 CFR 117.739(b) require the draw to open on 
signal after at least a four-hour advance notice is given.
    The bridge owner, the New Jersey Department of Transportation, 
asked the Coast Guard to temporarily change the drawbridge operation 
regulations to allow the bridge to remain in the closed position on 
weekends from 9 p.m. on Friday through 5 a.m. on Monday, beginning 
Friday October 25, 2002 through January 13, 2003, to facilitate the 
replacement of the open grid deck at the bridge. The deck is severely 
deteriorated and must be replaced with all due speed. The work will be 
performed on weekends because vehicular traffic is extremely heavy 
during the weekdays, prohibiting the necessary lane closures required 
to perform the repair work. The bridge normally has no requests to open 
October through January. The Coast Guard believes the bridge closures 
are reasonable due to the critical need to repair the bridge decking 
and the lack of vessel traffic.

Discussion of Rule

    In Sec.  117.739 paragraph (b) will be suspended and a new 
paragraph (q) will be added to allow the Route 1 & 9 (Lincoln Highway) 
Bridge to remain in the closed position from 9 p.m. on Friday through 5 
a.m. on Monday, from October 25, 2002 through January 13, 2003.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 has 
historically had no requests to open during the effective period of 
this temporary final rule.

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. 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 less than 50,000.
    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 
has historically had no requests to open during the effective period of 
this temporary final rule.

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

[[Page 64813]]

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 State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.

Indian Tribal Governments

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1d, 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 ``Categorical Exclusion Determination'' is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

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.


Sec.  117.739  [Amended]

    2. From October 25, 2002 through January 13, 2003, in Sec.  
117.739, paragraph (b) is suspended and a new paragraph (q) is added, 
to read as follows:


Sec.  117.739  Passaic River.

* * * * *
    (q) The draw of the Routes 1 & 9 (Lincoln Highway) Bridge, mile 
1.8, at Newark, shall open on signal if at least a four-hour advance 
notice is given; except that, from 9 p.m. on Friday through 5 a.m. on 
Monday, from October 25, 2002 through January 13, 2003, the draw need 
not open for the passage of vessel traffic.

    Dated: October 4, 2002.
J.L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 02-26719 Filed 10-21-02; 8:45 am]
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