[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Proposed Rules]
[Pages 69687-69688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27271]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0892]
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 is proposing to modify the operating schedules 
that govern the Route 1 & 9 Bridge, mile 1.8, and Route 7 Bridge, mile 
3.1, both crossing the Hackensack River, at Jersey City, NJ. The bridge 
owner, the New Jersey Department of Transportation (NJDOT), submitted a 
request to allow two hours advance notice for nighttime transits due to 
infrequent bridge openings. This proposed rule would align the advance 
notice requirement for the PATH Bridge at mile 3.0.

DATES: Comments and related material must reach the Coast Guard on or 
before February 18, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0892 using the 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 Judy Leung-Yee, Project Officer, First Coast Guard 
District; telephone 212-514-4336, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
NJDOT New Jersey Department of Transportation
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Route 1 & 9 Bridge at mile 1.8 over the Hackensack River at 
Jersey City, New Jersey, has a vertical clearance of 35 feet at mean 
high water and 40 feet at mean low water. Horizontal clearance is 
approximately 200 feet. The waterway users include recreational and 
commercial vessels including tugboat/barge combinations.
    The Route 7 Bridge at mile 3.1 over the Hackensack River at Jersey 
City, New Jersey, has a vertical clearance of 35 feet at mean high 
water and 40 feet at mean low water. Horizontal clearance is 
approximately 158 feet. The waterway users include recreational and 
commercial vessels including tugboat/barge combinations.
    The existing regulation, 33 CFR 117.5, requires both bridges open 
on signal at all times. NJ DOT has requested that overnight hours 
between 11 p.m. and 7 a.m. be modified to two hours advance notice. 
This rule change will allow for more efficient and economic operation 
of the bridge while meeting the reasonable needs of navigation. The 
Coast Guard is proposing this rulemaking under authority in 33 U.S.C. 
499.

III. Discussion of Proposed Rule

    The bridge logs show that between 11 p.m. and 7 a.m., the Route 1 & 
9 Bridge had 27 annual openings in 2017, 12 annual openings in 2018, 
and 11 annual openings to date in 2019 (through October). During the 
subject hours, the Route 7 Bridge had 16 annual openings in 2017, 1 
annual opening in 2018, and 0 annual openings to date in 2019. The 
Coast Guard proposes to permanently modify the operating regulation.
    The proposed rule would allow that both Route 1 & 9 and Route 7 
Bridges shall open on signal; except that, from 11 p.m. to 7 a.m., the 
draw shall open on signal if at least two hours advance notice is given 
by calling the number posted at the bridge. It is the Coast Guard's 
opinion that the proposed rule meets reasonable needs of marine 
traffic.

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 Office of Management and Budget (OMB) has not 
reviewed the NPRM and pursuant to OMB guidance, it is exempt from the 
requirements of Executive Order 13771.
    The Coast Guard believes this rule is not a significant regulatory 
action. The bridges will still open for all vessel traffic after a two-
hour advance notice is given during overnight periods. The vertical 
clearance under both bridges in the closed position are relatively high 
enough to accommodate most vessel traffic. We believe that this 
proposed change to the drawbridge operation regulations at 33 CFR 
117.723 will meet the reasonable needs of navigation.

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.
    The Route 1 & 9 and Route 7 Bridges provide 35 feet of vertical 
clearance at mean high water that should accommodate all the present 
vessel traffic except deep draft vessels. The bridges will continue to 
open on signal for any vessel, except between 11 p.m. and 7 a.m. when a 
two-hour advance notice will be required. 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),

[[Page 69688]]

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 Environmental Planning 
COMDTINST 5090.1 (series), which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321-4370f). We have made a preliminary determination that this action 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
proposed rule promulgates the operating regulations or procedures for 
drawbridges. Normally, this action is categorically excluded from 
further review, under paragraph L49, of Chapter 3, Table 3-1 of the 
U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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.

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 e-
Rulemaking 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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. In Sec.  117.223, add paragraphs (j) and (k) to read as follows:


Sec.  117.723  Hackensack River.

* * * * *
    (j) The draw of the Route 1 & 9 Bridge, mile 1.8, at Jersey City, 
shall open on signal; except that, from 11 p.m. to 7 a.m., the draw 
shall open on signal if at least two hours advance notice is given by 
calling the number posted at the bridge.
    (k) The draw of the Route 7 Bridge, mile 3.1, at Jersey City, shall 
open on signal; except that, from 11 p.m. to 7 a.m., the draw shall 
open on signal if at least two hours advance notice is given by calling 
the number posted at the bridge.

    Dated: December 5, 2019.
R.W. Warren,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2019-27271 Filed 12-18-19; 8:45 am]
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