[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 72020-72022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28033]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0638]
RIN 1625-AA09


Drawbridge Operation Regulation; Passaic River, Kearney and 
Newark, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the operation of the Route 1 & 9 (Lincoln 
Highway) Bridge across the Passaic River, mile 1.8, between Kearny and 
Newark, New Jersey. The bridge owner, New Jersey Department of 
Transportation, submitted a request to restrict bridge openings during 
the morning and afternoon rush hour periods to alleviate traffic 
congestion resulting from area roadway closures. It is expected that 
this change to the regulations would provide relief to vehicular 
traffic while continuing to meet the reasonable needs of navigation.

DATES: This temporary final rule is effective from March 1, 2014 
through March 1, 2016.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0638. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type in the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this rulemaking. You may also visit the Docket 
Management Facility in room W12-140 on Ground Floor of the Department 
of Transportation West Building, 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 
temporary final rule, call or email Mr. Joe Arca, Project Officer, 
First Coast Guard District Bridge Branch, 212-668-7165, 
[email protected]. If you have questions on viewing the docket, call 
Barbara Hairston, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On August 28, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations Passaic River in the 
Federal Register (78 FR 53107). We received no comments on the proposed 
rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The Route 1 & 9 (Lincoln Highway) Bridge at mile 1.8, across the 
Passaic River between Kearny and Newark, New Jersey, has a vertical 
clearance of 40 feet at mean high water and 45 feet at mean low water. 
The drawbridge operation regulations are listed at 33 CFR 117.739(b).
    The waterway users are predominantly recreational vessels and 
commercial vessels.
    The owner of the bridge, New Jersey Department of Transportation, 
submitted a request to the Coast Guard to temporarily change the 
drawbridge operating regulations.
    The purpose of this temporary final rule is to help provide relief 
to help reduce vehicular traffic congestion during the morning and 
afternoon vehicular rush hour periods due to local construction 
detours. Additional vehicular traffic will be detoured across the Route 
1 & 9 (Lincoln Highway) Bridges for two years from the adjacent Pulaski 
Skyway Bridge which will be under construction to replace its deck 
commencing on March 1, 2014 and continuing through March 1, 2016.
    The existing regulations presently require the bridge to open on 
signal at all times provided a four hour advance notice is given.
    Under this temporary final rule the draw shall open on signal 
provided a four hour advance notice is given; except that, the draw 
need not open for the passage of vessel traffic between 6 a.m. and 10 
a.m. and 2 p.m. and 6 p.m., Monday through Friday, except holidays.
    Tide dependent deep draft vessels may request bridge openings 
during the two rush hour closed periods provided at least a twelve hour 
advance notice is given.

C. Discussion of Comments, Changes and the Final Rule

    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.

[[Page 72021]]

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    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. We believe that this rule is not a 
significant regulatory action because the bridge provides adequate 
clearance for recreational vessels in the closed position and the 
commercial vessels will be able to get openings at any time provided 
the advance notice is given by calling the number posted at the bridge.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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 rule should not have a significant effect on small entities 
since the bridges provide 40 feet of vertical clearance at mean high 
water which should accommodate most recreational vessels that transit 
this waterway. Deep draft commercial vessels can transit during the two 
rush hour closure periods provided they give the twelve hour advance 
notice for openings.
    There is no permanent restriction or regulation being imposed by 
this rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this temporary final rule will not have a significant economic 
impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this temporary final rule, 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 the person listed in the FOR FURTHER 
INFORMATION CONTACT, above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
order 13211, Actions Concerns Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. 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.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD,

[[Page 72022]]

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 involves operating the bridge from a remote 
location. 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. Amend Sec.  117.739 by suspending paragraph (b) and adding paragraph 
(p) to read as follows:


Sec.  117.739  Passaic River.

* * * * *
    (p) The draw of the Route 1 & 9 (Lincoln Highway) Bridge, mile 1.8, 
between Kearny and Newark, shall open on signal if at least a four hour 
advance notice is given; except that, the draw need not open for the 
passage of vessel traffic between 6 a.m. and 10 a.m. and between 2 p.m. 
and 6 p.m., Monday through Friday, except holidays. Tide dependant deep 
draft vessels may request bridge openings between 6 a.m. and 10 a.m. 
and between 2 p.m. and 6 p.m., provided at least a twelve hour advance 
notice is given by calling the number posted at the bridge.

    Dated: Novenber 5, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-28033 Filed 11-29-13; 8:45 am]
BILLING CODE 9110-04-P