[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
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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]
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