[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Rules and Regulations]
[Pages 54248-54250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23596]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0110]
RIN 1625-AA09


Drawbridge Operation Regulation; Hackensack River, Jersey City, 
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 PATH Bridge across the Hackensack River, mile 
3.0, at Jersey City, New Jersey. This action is necessary to allow for 
an unexpected delay in the replacement of rails and timbers across the 
length of the span of the bridge. This temporary final rule is 
necessary to allow the bridge owner to

[[Page 54249]]

complete the remaining replacements and repairs.

DATES: This temporary final rule is effective from October 29, 2018 
through 12:01 a.m. on December 31, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0110 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or email Judy Leung-Yee, Bridge Management Specialist, U.S. 
Coast Guard; telephone 212-514-4336, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 2, 2018, we published a temporary deviation entitled, 
``Drawbridge Operation Regulation; Hackensack River, Jersey City, New 
Jersey'' in the Federal Register (83 FR 13865). Outreach conducted with 
mariners utilizing the waterway indicated no objections to the 
temporary deviation. No complaints have been submitted during the 
current temporary deviation. This deviation allowed the bridge to 
remain in the closed to navigation position on 12:01 a.m. Saturday to 
12:01 a.m. on Monday from March 31, 2018, to September 26, 2018, to 
facilitate the replacement of rails and timbers across the length of 
the span of the bridge.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. Due to 
unanticipated severe weather delays impacting the schedule and pace of 
replacement of rails and timbers across the length of the span of the 
bridge, additional time is required to finalize and complete the work 
necessary to restore the bridge to full operation. We must modify the 
operation schedule of the bridge by date of publication, to allow the 
bridge owner to perform remaining work items. Delaying the effective 
date of this temporary final rule would be impracticable because it 
would delay repairs to the bridge and efforts to restore it to full 
operation.
    We are issuing this temporary final rule and under 5 U.S.C. 
553(d)(3), and for the reasons stated above, the Coast Guard finds that 
good cause exists for making it effective in less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this temporary final rule would be impracticable and contrary to the 
public interest given that need to complete repairs to the bridge which 
are already underway and preventing full operation

III. Legal Authority and Need for the Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Coast Guard is modifying the operating schedule that governs the 
PATH Bridge across Hackensack River, mile 3.0, at Jersey City, New 
Jersey. The PATH Bridge is a vertical lift bridge offering mariners a 
vertical clearance of 40 feet at mean high water and 45 feet at mean 
low water in the closed position.
    The existing drawbridge regulations are listed at 33 CFR 
117.723(b). The Port Authority Trans-Hudson Corporation, the bridge 
owner, has requested this modification as additional time is required 
to perform the replacement of rails and timbers as described above.
    The waterway is transited by recreational and commercial vessels. 
Coordination with known waterway users has indicated no objection to 
the closure of the draw. Vessels able to pass under the bridge in the 
closed position may do so at anytime. The bridge will not be able to 
open for emergencies. There is no immediate alternate route for vessels 
to pass.

IV. Discussion of the Rule

    The Coast Guard is issuing this temporary final rule, which permits 
a deviation from the operating schedule that governs the PATH Bridge 
across Hackensack River, mile 3.0, at Jersey City, New Jersey. The draw 
shall open on signal provided at least a two-hour advance notice is 
provided by calling the number posted at the bridge. However, 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.; and from 12:01 a.m. Saturday to 12:01 a.m. Monday.
    Weekdays 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.
    The rule is necessary to accommodate the completion of replacement 
of rails and timbers across the length of the span of the bridge

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the historically 
low volume of vessel traffic during the period of this rule, and that 
vessel traffic able to pass under the bridge in the closed position 
will be able to safely transit. For the weekends between date of 
publication and December 31, there were six bridge openings in 2016 and 
one bridge opening in 2017.

B. 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 rule 
will not have a

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significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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.

C. 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).

D. Federalism and Indian Tribal Government

    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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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.

F. 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 made a 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction. A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

G. 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.

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. From 12:01 a.m. on date of publication, through 12:01 a.m. on 
December 31, 2018, in Sec.  117.723, suspend paragraph (b) and 
temporarily add paragraph (k) to read as follows:


Sec.  117.723   Hackensack River.

* * * * *
    (k) 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.; and from 
12:01 a.m. Saturday to 12:01 a.m. Monday. Weekdays 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.

    Dated: October 12, 2018.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2018-23596 Filed 10-26-18; 8:45 am]
 BILLING CODE 9110-04-P