[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Proposed Rules]
[Pages 6992-6994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03715]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0228]
RIN 1625-AA09
Drawbridge Operation Regulation; Delaware River, Burlington, NJ
and Bristol, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the SR 413/Burlington-Bristol Bridge across the Delaware River,
mile 117.8, between Burlington, NJ and Bristol, PA. This proposed
modification will allow the drawbridge to be maintained in closed-to-
navigation and is necessary to accommodate bridge maintenance.
DATES: Comments and related material must reach the Coast Guard on or
before April 1, 2019.
The Coast Guard anticipates that this proposed rule will be
effective from 8 a.m. on February 15, 2019, through 7:59 a.m. on
September 17, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0228 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Michael Thorogood, Bridge Administration Branch
Fifth District, Coast Guard, telephone 757-398-6557, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
On April 26, 2018, the Coast Guard published a temporary deviation
entitled ``Drawbridge Operation Regulation; Delaware River, Burlington,
NJ and Bristol, PA'' in the Federal Register (83 FR 18226). This
temporary deviation was to facilitate bridge maintenance and painting
of the vertical lift span of the drawbridge from May 1, 2018, through
September 30, 2018. During the planned maintenance period, a work
platform would have reduced one half of the bridge span vertical
clearance to approximately 58 feet above mean high water in the closed
position and approximately 132 feet above mean high water in the open
position.
On August 9, 2018, the Coast Guard published a cancellation of the
temporary deviation entitled ``Drawbridge Operation Regulation;
Delaware River, Burlington NJ and Bristol, PA'' in the Federal Register
(83 FR 18226), in the Federal Register (83 FR 39361). The temporary
deviation was cancelled due to delays in performing bridge maintenance
outside the navigation span, thereby eliminating the need for a
temporary deviation to facilitate bridge maintenance in the navigation
span. Due to the cancellation of the work, the platform was not
installed and the bridge is operating under its regular operating
schedule in 33 CFR 117.716 (a). In accordance with 33 CFR 117.35(e),
the drawbridge was returned to its regular operating schedule upon
publication of the cancellation.
The Burlington County Bridge Commission, who owns and operates the
SR 413/Burlington-Bristol Bridge across the Delaware River, mile 117.8,
between Burlington, NJ and Bristol, PA, has requested this modification
to allow the drawbridge to be maintained in the closed-to-navigation
position to facilitate maintenance and painting of the vertical lift
span of the drawbridge.
III. Discussion of Proposed Rule
The SR 413/Burlington-Bristol Bridge across the Delaware River,
mile 117.8,
[[Page 6993]]
between Burlington, NJ and Bristol, PA, has a vertical clearance of 61
feet above mean high water in the closed position and 135 feet above
mean high water in the open position. The current operating schedule
for the drawbridge is published in 33 CFR 117.716(a).
Under this proposed temporary final rule, the drawbridge will be
maintained in the closed-to-navigation position and open on signal if
at least a two-hour notice is given, from 8 a.m. on February 15, 2019,
through 7:59 a.m. on September 17, 2019. At all other times, the
drawbridge will operate per 33 CFR 117.716(a).
This proposed temporary final rule is necessary to facilitate safe
and effective bridge maintenance and painting of the vertical lift span
of the drawbridge, while providing for the reasonable needs of
navigation. Multiple work platforms will reduce the entire bridge span
vertical clearance to approximately 58 feet above mean high water in
the closed position and approximately 132 feet above mean high water in
the open position. Maintenance personnel, equipment and materials will
be located inside the work platforms while maintenance and painting is
being performed. To facilitate an opening of the bridge, equipment and
materials will need to be secured inside or removed from the work
platforms and personnel will need to vacate the work platforms.
IV. 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 and Executive Orders and we discuss
First Amendment rights of protestors.
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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 fact that
vessels can still transit the bridge on signal if at least a two-hour
notice is given.
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
proposed rule would not have a 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 IV.A above this proposed rule would not have
a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
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.
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.
C. 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.).
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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. 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.
Normally such actions are 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 proposed rule. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the
[[Page 6994]]
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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. Amend Sec. 117.716 by adding paragraph (c) to read as follows:
Sec. 117.716 Delaware River.
* * * * *
(c) The draw of the SR 413 (Burlington-Bristol) Bridge, mile 117.8,
between Burlington, NJ and Bristol, PA, shall open on signal if at
least a two-hour notice is given from 8 a.m. on February 15, 2019,
through 7:59 a.m. on September 17, 2019.
Dated: February 13, 2019.
K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2019-03715 Filed 2-28-19; 8:45 am]
BILLING CODE 9110-04-P