[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34417-34419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14172]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the PATH Railroad Bridge across the Hackensack River at mile 
3.0, and the Hack-Freight Bridge across the Hackensack River at mile 
3.1, at Jersey City, New Jersey. The owners of the bridges, the Port 
Authority Trans-Hudson (PATH) and Conrail, requested a change to the 
operation schedule for the PATH Railroad Bridge and the Conrail Hack-
Freight to allow it to be operated from a remote location. In addition, 
we removed obsolete language and requirements from the existing 
regulation that are now listed under other regulations. It is expected 
that this change to the regulations will create efficiency in 
drawbridge operations while continuing to meet the reasonable needs of 
navigation.

DATES: This rule is effective July 17, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-1005. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type in the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

A. Regulatory History and Information

    On March 28, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation Hackensack River, at 
Jersey City, New Jersey'' in the Federal Register (79 FR 17483). We 
received no comments on the proposed rule. No public meeting was 
requested, and none was held.

B. Basis and Purpose

    The PATH Railroad Bridge across the Hackensack River at 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 across the Hackensack River at 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 final rule, Conrail shall operate its Hack-Freight 
Bridge across the Hackensack River at mile 3.1, 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 final rule, 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.

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.

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 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

[[Page 34418]]

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 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 will have no effect on small entities for the following 
reason: 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.

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 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 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 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

    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, 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 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.

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. 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

[[Page 34419]]

gauges shall be designed, installed and maintained according to the 
provisions of Sec.  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 NJTRO HX drawbridge. Adequate security 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 NJTRO 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 NJTRO 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 a 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: May 30, 2014.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2014-14172 Filed 6-16-14; 8:45 am]
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