[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Proposed Rules]
[Pages 43812-43814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15065]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-05-061]
RIN 1625-AA09


Drawbridge Operation Regulations; Hackensack River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations governing the operation of the Willis Amtrak Portal Bridge, 
mile 5.0, across the Hackensack River at Little Snake Hill, New Jersey. 
This notice of proposed rulemaking would allow the bridge owner to 
expand the two time periods in the morning and in the afternoon, Monday 
through Friday, when the bridge may remain closed to vessel traffic.

DATES: Comments must reach the Coast Guard on or before August 29, 
2005.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard

[[Page 43813]]

District Bridge Branch, One South Street, Battery Park Building, New 
York, New York, 10004, or deliver them to the same address between 7 
a.m. and 3 p.m., Monday through Friday, except, Federal holidays. The 
telephone number is (212) 668-7165. The First Coast Guard District, 
Bridge Branch, maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at the First Coast Guard District, Bridge Branch, 7 a.m. to 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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-05-
061), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and purpose

    The Amtrak Portal Bridge has a vertical clearance of 23 feet at 
mean high water and 28 feet at mean low water in the closed position. 
The existing operating regulations are listed at 33 CFR 117.723(c).
    The owner of the bridge, National Railroad Passenger Corporation 
(AMTRAK), requested a change to the drawbridge operation regulations 
that would expand the two time periods in the morning and afternoon, 
Monday through Friday, when the bridge may remain closed to vessel 
traffic.
    Rail traffic during the morning and afternoon commuter periods has 
increased. Bridge openings during the two commuter time periods have 
caused delays to rail traffic prompting the bridge owner to request the 
expansion of the bridge closure periods Monday through Friday.
    The Coast Guard decided to conduct a test to help determine if the 
proposed drawbridge operation schedule changes would not cause undue 
delays to vessel traffic.
    On February 26, 2004, the Coast Guard published a temporary 90-day 
deviation, with request for comment, (69 FR 8817) to test changes to 
the drawbridge operation regulations for the Amtrak Portal Bridge 
identical to those proposed in this notice of proposed rulemaking. That 
temporary deviation was in effect from March 1, 2004, through May 29, 
2004. We received nine comment letters in response to the temporary 
deviation and request for comment. All the comment letters were in 
favor of making the tested drawbridge operation schedule a permanent 
rule change.
    On November 23, 2004, we published a second 90-day deviation (69 FR 
68079) to test the same drawbridge operation schedule as above during 
the winter months of the year. The second test deviation was in effect 
from December 13, 2004 through March 12, 2005. We received eight 
comment letters in response to our second test deviation. All eight 
letters were in favor of the proposed rule change.
    The existing drawbridge operation regulations allow the bridge to 
remain closed to vessel traffic, Monday through Friday, from 7:20 a.m. 
to 9:20 a.m. and from 4:30 p.m. to 6:50 p.m., daily. Under this 
proposed rule the Amtrak Portal Bridge would not open for vessel 
traffic, Monday through Friday, from 6 a.m. to 10 a.m. and from 4 p.m. 
to 8 p.m., daily. Additional bridge openings would be provided for 
commercial vessels from 6 a.m. to 7:20 a.m., from 9:20 a.m. to 10 a.m., 
from 4 p.m. to 4:30 p.m. and from 6:50 p.m. to 8 p.m., if at least a 
one-hour advance notice is given by calling the number posted at the 
bridge.

Discussion of Proposed Rule

    This proposed rule would amend 33 CFR 117.723 by revising paragraph 
(c), which details the Amtrak Portal Bridge operation schedule. Under 
this proposed rule the Amtrak Portal Bridge may remain closed for 
vessel traffic, Monday through Friday, from 6 a.m. to 10 a.m. and from 
4 p.m. to 8 p.m.
    Additional bridge openings would be provided for commercial vessels 
from 6 a.m. to 7:20 a.m., 9:20 a.m. to 10 a.m., 4 p.m. to 4:30 p.m. and 
from 6:50 p.m. to 8 p.m., provided at least a one-hour advance notice 
is given by calling the number posted at the bridge.

Regulatory Evaluation

    This proposed 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 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 Homeland 
Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under the regulatory 
policies and procedures of DHS, is unnecessary.
    This conclusion is based on the fact that the expansion of the 
existing bridge closures were previously tested successfully with no 
objections from the marine facilities or operators that use this 
waterway.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 of less than 
50,000.
    The Coast Guard certifies under section 5 U.S.C. 605(b), that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This conclusion is based on the fact that the expansion of the 
existing bridge closures were previously tested successfully with no 
objections from the marine facilities or operators that use this 
waterway.
    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.

[[Page 43814]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 us in writing at, Commander 
(obr), First Coast Guard District, Bridge Branch, 408 Atlantic Avenue, 
Boston, MA 02110-3350. The telephone number is (617) 223-8364. The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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.).

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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environment documentation because it has been determined that the 
promulgation of operating regulations or procedures for drawbridges are 
categorically excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.723 is amended by revising paragraph (c) to read as 
follows:


Sec.  117.723  Hackensack River.

* * * * *
    (c) Except as provided in paragraph (a)(1) of this section, the 
draw of the Amtrak Portal Bridge, mile 5.0, at Little Snake Hill, need 
not open for the passage of vessel traffic Monday through Friday, 
except Federal holidays, from 6 a.m. to 10 a.m. and from 4 p.m. to 8 
p.m. Additional bridge openings shall be provided for commercial 
vessels from 6 a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.; 4 p.m. to 4:30 
p.m. and from 6:50 p.m. to 8 p.m., if at least a one-hour advance 
notice is given by calling the number posted at the bridge.
* * * * *

    Dated: July 12, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-15065 Filed 7-28-05; 8:45 am]
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