[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71483-71485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22855]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0794]
RIN 1625-AA09


Drawbridge Operation Regulation; Hackensack River, Jersey City, 
NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the PATH Bridge, mile 3.0, across the Hackensack 
River, at Jersey City, New Jersey. This action is necessary to allow 
the bridge owner to complete the remaining replacements and repairs.

DATES: This temporary interim rule is effective from 12:01 a.m. on 
October 17, 2023 through 11:59 p.m. on January 15, 2024. Comments and 
related material must reach the Coast Guard on or before November 16, 
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-2023-0794) 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 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
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

[[Page 71484]]

PATH Port Authority Trans-Hudson

II. Background, Information and Regulatory History

    The Coast Guard is issuing this temporary interim 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. This bridge is opening with 24 hours advance notice with 
one bridge opening during morning and evening rush hours; and will 
continue to operate on this schedule through January 15, 2024.
    On March 22, 2023, April 6, 2023 and June 28, 2023, the Coast Guard 
issued General Deviations which allowed the bridge owner, Port 
Authority Trans-Hudson Corporation, to deviate from the current 
operating schedule in 33 CFR 117.723(b) to conduct major motor and 
control system repairs. Due to unforeseen system complications, the 
project has run past the end date of the General Deviation, September 
18, 2023. The bridge cannot be brought back to normal operating 
condition until the completion of the motor and control system. 
Therefore, there is insufficient 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 because the bridge is currently incapable of normal 
operations and will not be back into full operation until the repairs 
to the control system can be completed.
    We are soliciting comments on this rulemaking. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary interim rule under 
authority in 33 U.S.C. 499. The Coast Guard is modifying the operating 
schedule that governs the PATH Bridge across the Hackensack River, mile 
3.0, Jersey City, New Jersey. The PATH Bridge has a vertical clearance 
of 40 feet at mean high water in the closed position and 135 feet when 
in the open position.
    The existing drawbridge regulation, 33 CFR 117.723(b) states that 
the draw of the PATH Bridge, mile 3.0, shall open on signal if provided 
at least two-hours advance notice. The draw need not open for the 
passage of vessel traffic Monday through Friday, from 6 a.m. to 10 a.m. 
and from 4 p.m. to 8 p.m. 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 two-
hours advance notice is given. Port Authority Trans-Hudson Corporation, 
the bridge owner, has requested the bridge open on signal provided at 
least twenty-four (24)-hours advance notice is given and will provide 
one bridge opening in the morning and evening rush hours for tide 
restricted commercial vessels so they may continue the construction 
project while providing minimal impact on marine traffic.

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 the Hackensack River, mile 3.0 Jersey City, New Jersey. The rule 
is necessary to accommodate the completion of the motor and control 
system replacement until January 15, 2024. Vessels that can transit 
under the bridge without an opening may do so anytime.

V. Regulatory Analyses

    We developed this temporary interim 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 temporary interim rule has not been designated a 
``significant regulatory action,'' under Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the temporary interim rule 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 through the bridge with advance 
notice as well as all vessels that do not require an opening may 
transit.

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 
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 V.A. 
above, this 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 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 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 
section. 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

[[Page 71485]]

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 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.

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. Normally, such actions are 
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.

VI. 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 Decision-
making Portal at http://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2023-0794 in the search box and click 
``Search.'' Next, look for this document in the ``Search Results'' 
column, and click on it. Then click on the ``Comment'' option. 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.
    To view documents mentioned in this rule as being available in the 
docket, find the docket as described in the previous paragraph, and 
then select ``Supporting & Related Material'' in the ``Document Type'' 
column. Public comments will also be placed in our online docket and 
can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all 
comments received, but we will only post comments that address the 
topic of the rule. We may choose not to post off-topic, inappropriate, 
or duplicate comments that we receive. Additionally, if you click on 
the ``Dockets'' tab and then the proposed rule, you should see a 
``Subscribe'' option for email alerts. Selecting this option will 
enable notifications when comments are posted, or if/when a final rule 
is published.
    We accept anonymous comments. Comments we post to http://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).

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; DHS Delegation No. 
00170.1. Revision 01.3


0
2. Amend Sec.  117.723 by:
0
a. Staying paragraph (b); and
0
b. Adding paragraph (l).
    The addition reads as follows:


Sec.  117.723  Hackensack River.

* * * * *
    (l)(1) 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 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 3 p.m. to 7 
p.m.
    (2) Additional bridge openings shall be provided for tide 
restricted commercial vessels from 6 a.m. to 7 a.m. and from 6 p.m. to 
7 p.m. provided at least a twenty-four (24)-hour advance notice is 
given by calling Port Authority Trans-Hudson, John Burkhard at 201-410-
4260.

    Dated: October 11, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-22855 Filed 10-16-23; 8:45 am]
BILLING CODE 9110-04-P