[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Rules and Regulations]
[Pages 68049-68051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24706]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0826]
RIN 1625-AA09


Drawbridge Operation Regulation; Hackensack River, Jersey City, 
NJ

AGENCY: Coast Guard, Department of Homeland Security (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 material delivery related to COVID-19 pandemic. 
This temporary final rule is necessary to allow the bridge owner to 
complete the remaining replacements and repairs.

DATES: This temporary final rule is effective 12:01 a.m. on November 
14, 2022, through 12:01 a.m. on March 23, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number (USCG-2022-0806) in the ``SEARCH'' box and click 
``SEARCH''. In the Document Type column, select ``Supporting & Related 
Material''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final 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
Pub. Law Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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.
    On March 24, 2022, the Coast Guard issued a General Deviation for 
180 days which allowed the bridge owner to deviate from the current 
operating schedule in 33 CFR 117.732(b) to repair the bridge. This 
deviation letter can be found in this Docket as supporting 
documentation. Due to delays in procuring materials for replacement of 
the bridge control system the project ran past the allotted 180 days. 
The work cannot stop and needs to continue in order to bring the bridge 
back to normal operation. Therefore, there is lack of sufficient time 
to provide a reasonable comment period and then consider those comments 
before issuing the modification.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective in less than 30 days after publication 
in the Federal Register. For reasons presented above, delaying the 
effective date of this rule would be impracticable and contrary to the 
public interest given the 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

[[Page 68050]]

required to complete replacement of control system as described above.
    The waterway is transited by seasonal recreational traffic as well 
as commercial vessels, largely tug and barge combinations. The 40-foot 
vertical clearance while the bridge is in the closed position offers 
the bulk of commercial traffic sufficient room to transit under the 
bridge. Coordination with known waterway users has indicated no 
objection to the proposed schedule of the draw. Vessels that can pass 
under the bridge without an opening may do so at all times. The bridge 
will be able to open for emergencies. There is no immediate alternate 
route for vessels unable to pass through the bridge when in the closed 
position.

IV. Discussion of the Rule

    The Coast Guard is issuing this rule, which permits a temporary 
deviation from the operating schedule that governs the PATH Bridge 
across Hackensack River, mile 3.0, at Jersey City, New Jersey. The rule 
is necessary to accommodate the completion of replacement of control 
system. This rule allows the bridge to open on signal provided a 
minimum of twenty-four (24) hours advance notice is given, and need not 
open for the passage of vessel traffic on weekdays Monday through 
Friday from 6 a.m. to 10 a.m. and from 3 p.m. to 7 p.m. from November 
6, 2022, to March 22, 2023.

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.

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. 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).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice.

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 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, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined 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 rule promulgates the operating 
regulations or procedures for drawbridges and 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.

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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.723 as follows:
0
a. Stay paragraph (b).

[[Page 68051]]

0
b. Add paragraph (l).
    The addition reads as follows:


Sec.  117.723  Hackensack River.

* * * * *
    (l) The draw of the PATH Bridge, mile 3.0, at Jersey City, shall 
open on signal provided at least a twenty-four (24) hour advance notice 
is provided by calling the U.S. Coast Guard Vessel Traffic Service 
(VTS) at 718-514-4088 or Port Authority Trans-Hudson, John Burkhard, at 
201-410-4260 to coordinate a transit time that is mutually acceptable 
for commercial river users to pass under the bridge. The draw need not 
open for the passage of vessel traffic on weekdays Monday through 
Friday, except Federal holidays, from 6 a.m. to 10 a.m. and from 3 p.m. 
to 7 p.m.

    Dated: November 2, 2022.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2022-24706 Filed 11-10-22; 8:45 am]
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