[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Proposed Rules]
[Pages 17483-17486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06844]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-1005]
RIN 1625-AA09


Drawbridge Operation Regulation; Hackensack River, Jersey City, 
NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operation 
regulations that govern the PATH Railroad Bridge, mile 3.0, and the 
Hack-Freight Bridge, mile 3.1, across the Hackensack River, New Jersey. 
The bridge owners, the Port Authority Trans-Hudson (PATH) and Conrail, 
submitted requests to revise the operation schedule for the PATH 
Railroad Bridge and to change the Conrail Hack-Freight to operate 
remotely. In addition, we will be removing obsolete unnecessary 
language and requirements from the existing regulation that are now 
listed under other regulations. It is expected that these changes will 
continue to meet the reasonable needs of navigation.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 27, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-1005 using any one of the following methods:
    (1) Federal Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Joe Arca, Project Officer, First Coast Guard 
District Bridge Program, telephone 212-668-7165, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Tables 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-1005), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2013-1005 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-1005) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit either the Docket Management 
Facility in Room W12-140 on the 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. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why one would be beneficial. If

[[Page 17484]]

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.

B. Basis and Purpose

    The PATH Railroad Bridge, mile 3.0, 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 117.723.
    The Hack-Freight Bridge, mile 3.1, has a vertical clearance of 11 
feet at mean high water and 16 feet at mean low water. The drawbridge 
operation regulations are listed at 33 CFR 117.723.
    The waterway users are commercial operators.
    The owners of the bridges, Port Authority Trans-Hudson Corporation 
(PATH) and Conrail, submitted requests to the Coast Guard to operate 
the Conrail Hack-Freight Bridge from a remote location and to change 
the drawbridge operation for the PATH Bridge.
    Under this notice of proposed rulemaking Conrail proposes to 
operate its Hack-Freight Bridge at mile 3.1, across the Hackensack 
River, from a remote location, the Conrail Leigh Valley Bridge Office, 
at all times when a draw tender is not stationed at the bridge. A draw 
tender may be stationed at the bridge at various times when it is 
deemed necessary for safety purposes such as during times when bridge 
maintenance is being performed.
    Conrail operates several other bridges from its Leigh Valley Bridge 
Office, the Conrail Bridge at mile 2.0, across the Rahway River and the 
Arthur Kill Bridge at mile 11.6, across Arthur Kill.
    Under this notice of proposed rulemaking, the Coast Guard is also 
changing the drawbridge operation regulations for the PATH Railroad 
Bridge.
    The owner of the PATH Railroad Bridge, the Port Authority Trans-
Hudson Corporation (PATH), asked the Coast Guard to change the 
drawbridge operation schedule for its Path Railroad Bridge, to require 
at least a two hour advance notice for bridge openings at all times.
    In addition, PATH requested that the PATH Railroad Bridge be 
allowed to remain in the closed position during time periods when 
commuter rail traffic is heaviest from 6 a.m. to 10 a.m. and from 4 
p.m. to 8 p.m.
    PATH agreed to provide additional bridge openings during the 
commuter closure periods 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., upon a two hour advance notice, to help facilitate commercial 
vessel traffic. Notice may be provided by calling the number posted at 
the bridge.
    As a result of all the above information, it is expected these 
proposed changes to the drawbridge operation regulations will continue 
to meet the reasonable needs of navigation.

C. Discussion of Proposed Rule

    The Coast Guard proposes to change the drawbridge operation 
regulations at 33 CFR 117.723, to allow the Conrail Hack-Freight Bridge 
at mile 3.1, across the Hackensack River to be operated from a remote 
location, the Lehigh Valley Bridge Office, at all times.
    Conrail operates several other Conrail bridges from its Leigh 
Valley Bridge Office and believes adding the Conrail Hack-Freight 
Bridge will help with operational efficiency and safety, as well as 
being a cost saving measure.
    The Coast Guard is also proposing to change the drawbridge 
operation regulations for the PATH Railroad Bridge at mile 3.0, across 
the Hackensack River, to allow the PATH Railroad Bridge to require at 
least a two hour advance notice for bridge openings at all times.
    The PATH Railroad Bridge seldom opens for vessel traffic due to its 
high vertical clearance of 40 feet at mean high water and 45 feet at 
mean low water and most of the commercial vessels that normally transit 
this waterway fit under the bridge without requiring a bridge opening.
    The Coast Guard was also asked by PATH to allow its PATH Railroad 
Bridge to remain in the closed position from 6 a.m. to 10 a.m. and from 
4 p.m. to 8 p.m., Monday through Friday, except Federal holidays, to 
help facilitate commuter train traffic during time periods when 
commuter rail traffic is heaviest.
    PATH agreed to provide additional bridge openings between 6 a.m. 
and 7:20 a.m., 9:20 and 10 a.m., 4 p.m. and 4:30 p.m. and from 6:50 
p.m. to 8 p.m., to help facilitate commercial vessel traffic, provided 
a two hour advance notice is given by calling the number posted at the 
bridge.
    Also under this notice of proposed rulemaking we are removing 
obsolete language from the existing regulation. Paragraph (a)(1), 
regarding emergency bridge openings for public and local vessels in 
emergency situations will be removed because it is now listed at 33 CFR 
117.31 of the General Drawbridge Operation Regulations.

D. Regulatory Analyses

    We developed this proposed 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 proposed 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, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866, or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. We believe that this rule is 
not a significant regulatory action because the PATH Railroad Bridge 
provides adequate clearance for commercial vessels in the closed 
position and the commercial vessels will be able to get additional 
openings provided advance notice is given by calling the number posted 
at the bridge. Additionally, the Hack-Freight Bridge can be transited 
at all times but will be tended remotely.

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 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
needing to transit through the bridge.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
high vertical clearance of the PATH Railroad Bridge of 40 feet at mean 
high water should accommodate all present vessel traffic except deep 
draft. Additionally, vessels may transit the bridge at all other times 
with a two hour advance notice and can plan their trips accordingly 
during any closure periods. As for the Hack-Freight Bridge, vessels may 
transit the bridge at all times.
    If you think that your business, organization, or governmental

[[Page 17485]]

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.

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 proposed 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.
    The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed 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 proposed 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 proposed rule would 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 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.

10. 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 might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed 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.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
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. We seek any comments or 
information that may lead to the discovery of significant environmental 
impact from the proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. Revise Sec.  117.723 to read as follows:


Sec.  117.723  Hackensack River.

    (a) The following requirements apply to all bridges across the 
Hackensack River:
    (1) The owners of each bridge shall provide and keep in good 
legible condition clearance gauges for each draw, with figures not less 
than 18 inches high for bridges below the turning basin at mile 4.0, 
and 12 inches high for bridges above mile 4.0. The gauges shall be 
designed, installed and maintained according to the provisions of 
section 118.160 of this chapter.
    (2) Train and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed 10 minutes. However, if a train 
moving toward the bridge has crossed the home signal for the bridge 
before the signal requesting the opening of the bridge is given, the 
train may continue across the bridge and must clear the bridge 
interlocks before stopping or reversing.
    (3) New Jersey Transit Rail Operations' (NJTRO) roving crews shall 
consist of two qualified operators on each shift, each having a vehicle 
which is equipped with marine and railroad radios, a cellular 
telephone, and emergency bridge repair and maintenance tools. This crew 
shall be split with one drawtender stationed at Upper Hack and the 
other drawtender at the HX drawbridge. Adequate security

[[Page 17486]]

measures shall be provided to prevent vandalism to the bridge operating 
controls and mechanisms to ensure prompt openings of NJTRO bridges.
    (4) Except as provided in paragraphs (b) through (j) of this 
section, the draws shall open on signal.
    (b) The draw of the PATH Bridge, mile 3.0, at Jersey City, shall 
open on signal provided at least a two hour advance notice is provided 
by calling the number posted at the bridge. The draw 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. provided at least a two hour advance notice is given by 
calling the number posted at the bridge.
    (c) The draw of the Hack-Freight Railroad Bridge at mile 3.1, shall 
open on signal at all times, except as provided in paragraph (a) (2) of 
this section. The bridge shall be operated from a remote location at 
all times, except when it is tended locally. Sufficient closed circuit 
television cameras, approved by the Coast Guard, shall be operated and 
maintained at the bridge site to enable the remotely located bridge 
tender to have full view of both river traffic and the bridge.
    (1) Radiotelephone Channel 13/16 VHF-FM shall be maintained and 
utilized to facilitate communication in both remote and local control 
locations. The bridge shall also be equipped with directional 
microphones and horns to receive and deliver signals to vessels.
    (2) Whenever the remote control system equipment is partially 
disabled or fails for any reason, the bridge shall be physically tended 
and operated by local control as soon as possible, but no more than 45 
minutes after malfunction or disability of the remote system. 
Mechanical bypass and override capability of the remote system shall be 
provided and maintained.
    (d) Except as provided in paragraph (a)(2) of this section, the 
draw of the NJTRO Lower Hack Bridge, mile 3.4, at Jersey City shall 
open on signal if at least a one hour advance notice is given to the 
drawtender at the Upper Hack bridge, mile 6.9, at Secaucus, New Jersey 
by calling the number posted at the bridge. In the event the HX draw 
tender is at the Newark/Harrison (Morristown Line) Bridge, mile 5.8, on 
the Passaic River, up to an additional half hour delay is permitted.
    (e) Except as provided in paragraph (a)(2) 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. At all 
other times the draw shall open on signal.
    (f) Except as provided in paragraph (a)(2) of this section, the 
draw of the NJTRO Upper Hack Bridge, mile 6.9 at Secaucus, N.J. shall 
open on signal unless the drawtender is at the HX Bridge, mile 7.7 at 
Secaucus, N.J. over the Hackensack River, then up to a half hour delay 
is permitted.
    (g) Except as provided in paragraph (a)(2) of this section, the 
draw of the NJTRO HX Bridge at mile 7.7, shall open on signal if at 
least one half hour notice is given to the drawtender at the Upper Hack 
Bridge.
    (h) Except as provided in paragraph (a)(2) of this section, the 
draw of the S46 Bridge, at mile 14.0, in Little Ferry, shall open on 
signal if at least a twenty four hour advance notice is given by 
calling the number posted at the bridge.
    (i) The draw of the Harold J. Dillard Memorial (Court Street) 
Bridge, mile 16.2, Hackensack, shall open on signal if at least four 
hours notice is given.
    (j) The draw of the New York Susquehanna and Western Railroad 
bridge, mile 16.3, and the Midtown bridge, mile 16.5, both at 
Hackensack, need not be opened for the passage of vessels, however, the 
draws shall be restored to operable condition within 12 months after 
notification by the District Commander to do so.

    Dated: March 19, 2014.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2014-06844 Filed 3-27-14; 8:45 am]
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