[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Rules and Regulations]
[Pages 65375-65376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26549]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117
[Docket No. USCG-2011-0268]
RIN 1625-AA09


Drawbridge Operation Regulation; Passaic River, Harrison, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations that govern the operation of the Amtrak's Dock Bridge 
across the Passaic River, mile 5.0, at Harrison, New Jersey. The owner 
of the bridge has requested relief from crewing the bridge at all times 
because the bridge has received few requests to open during past years. 
It is expected that an advance notice requirement for bridge openings 
will provide relief to the bridge owner while continuing to meet the 
reasonable needs of navigation.

DATES: This rule is effective November 21, 2011.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2011-0268 and are available online by 
going to http://www.regulations.gov, inserting USCG-2011-0268 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Mr. John W. McDonald, Project Officer, First Coast Guard 
District Bridge Branch, 617-223-8364, [email protected]. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 24, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations Passaic River in the 
Federal Register (76 FR 37039). We received no comments on the proposed 
rule. No public meeting was requested, and none was held.

Basis and Purpose

    The Amtrak Dock Bridge, mile 5.0, across the Passaic River at 
Harrison, New Jersey, has a vertical clearance in the closed position 
of 24 feet at mean high water and 29 feet at mean low water. The 
drawbridge operation regulations are listed at 33 CFR 117.739(e).
    The existing drawbridge operation regulations require the draw to 
open on signal; except that, from 7:20 a.m. to 9:20 a.m. and 4:30 p.m. 
to 6:50 p.m., Monday through Friday, except Federal holidays, the draw 
need not be opened. At all other times, an opening may be delayed no 
more than ten minutes, unless the draw tender and the vessel operator, 
communicating by radio-telephone, agree to a longer delay.
    The Coast Guard received a request from the National Railroad 
Passenger Corporation (Amtrak), the owner of the bridge, for relief 
from crewing the bridge at all times, because the bridge has received 
only eight requests to open during the past three years.
    Amtrak requested that a twenty four hour advance notice be required 
for all bridge openings, except during the existing morning and 
afternoon closed periods.
    As a result of the fact that the bridge has received only eight 
requests to open during the past three years, the Coast Guard believes 
it is reasonable for the bridge owner to require a twenty four hour 
advance notice for bridge openings and that doing so would continue to 
meet the reasonable needs of navigation.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. As a result, no changes have been made to this 
final rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This final rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, 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.
    We expect the economic impact of this proposed rule to be minimal. 
Although this regulation may have some impact on the public, the 
potential impact will be minimized for the following reasons:
    The bridge has only received eight requests to open during the past 
three years. The bridge openings can still be obtained at any time, 
except the morning and afternoon closed periods, by providing at least 
a twenty four hour advance notice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 of 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 final rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit the bridge.
    This final rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons:
    The bridge only received eight requests to open during the past 
three years. The bridge openings can still be obtained at any time, 
except during the Monday through Friday closed periods, by providing a 
twenty four hour advance notice.
    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 65376]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.

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.

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.

Taking of Private Property

    This rule will not cause 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 would not create an 
environmental risk to health or risk to safety that might 
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 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.

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
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 is categorically excluded, 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.

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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. In Sec.  117.739, revise paragraph (e) to read as follows:


Sec.  117.739  Passaic River.

* * * * *
    (e) The draw of the Amtrak Dock Bridge, mile 5.0, at Harrison, 
shall open on signal after at least a twenty-four hour advance notice 
is given by calling the number posted at the bridge; except that, from 
7:20 a.m. to 9:20 a.m. and from 4:30 p.m. to 6:50 p.m., Monday through 
Friday, except Federal holidays, the draw need not be opened for the 
passage of vessel traffic. At all other times, a bridge opening may be 
delayed no more than ten minutes for the passage of rail traffic, 
unless the draw tender and the vessel operator agree to a longer delay.
* * * * *

    Dated: September 16, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-26549 Filed 10-20-11; 8:45 am]
BILLING CODE 9110-04-P