[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Proposed Rules]
[Pages 53107-53109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20684]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0638]
RIN 1625-AA09
Drawbridge Operation Regulation; Passaic River, Kearny and
Newark, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Route 1 & 9 (Lincoln Highway) Bridge across
the Passaic River, mile 1.8, between Kearney and Newark, New Jersey.
The bridge owner, New Jersey Department of Transportation, submitted a
request to restrict bridge openings during the morning and afternoon
rush hour periods to alleviate traffic congestion resulting from area
roadway closures. It is expected that this change to the regulations
would provide relief to vehicular traffic while continuing to meet the
reasonable needs of navigation.
DATES: Comments and related material must be received by the Coast
Guard on or before October 28, 2013.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0638 using any one of the following methods:
(1) Federal Rulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Joe Arca, Project Officer, First Coast Guard
District Bridge Program, telephone 212-668-7165, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Tables of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-0638), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2013-0638 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8[frac12] by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0638) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit either the Docket Management
Facility in Room W12-140 on the ground floor of the Department of
Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC, 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
[[Page 53108]]
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
B. Basis and Purpose
The Route 1 & 9 (Lincoln Highway) Bridge at mile 1.8, across the
Passaic River between Kearney and Newark, New Jersey, has a vertical
clearance of 40 feet at mean high water and 45 feet at mean low water.
The drawbridge operation regulations are listed at 33 CFR 117.739(b).
The waterway users are recreational and commercial vessels.
The owner of the bridge, New Jersey Department of Transportation,
submitted a request to the Coast Guard to temporarily change the
drawbridge operating regulations.
The purpose of this temporary rule is to help provide relief by
reducing vehicular traffic congestion during the morning and afternoon
vehicular rush hour periods due to local construction detours.
Vehicular traffic will be detoured from the adjacent Pulaski Skyway
Bridge to the Route 1 & 9 Bridge (Lincoln Highway) Bridge for two years
commencing on March 1, 2014 and continuing through March 1, 2016, while
the Pulaski Skyway Bridge is under construction to replace its deck.
The existing regulations require the Route 1 & 9 (Lincoln Highway)
Bridge to open on signal at all times provided a four hour advance
notice is given.
Under this proposed temporary rule, the draw would open on signal
provided a four hour advance notice is given; except that, the draw
need not open for the passage of vessel traffic between 6 a.m. and 10
a.m. and 2 p.m. and 6 p.m., Monday through Friday, except holidays.
Tide dependent deep draft vessels may request bride openings during the
two rush hour closure periods provided at least a twelve hour advance
notice is given by calling the number posted at the bridge.
C. Discussion of Proposed Rule
The Coast Guard proposes to suspend the drawbridge operation
regulations at 33 CFR 117.739(b) until March 1, 2016. The Coast Guard
proposes to temporarily add paragraph (p) to section 117.739 to allow
the bridge owner to keep the Route 1 & 9 (Lincoln Highway) Bridge in
the closed position during the morning and afternoon rush hour periods
between 6 a.m. and 10 a.m. and 2 p.m. and 6 p.m., Monday through
Friday, except holidays, to facilitate additional vehicular traffic
detoured from the Pulaski Skyway Bridge which will be under
construction from March 1, 2014 through March 1, 2016.
Tide dependent deep draft vessels would be able to request bridges
openings during the rush hour closed periods provided at least a twelve
hour advance notice is given by calling the number posted at the
bridge.
Based on the above information, the Coast Guard believes it is
reasonable to allow the Route 1 & 9 (Lincoln Highway) Bridge to remain
in the closed position during the morning and afternoon rush hours to
facilitate additional vehicular traffic detoured during the two year
bridge deck replacement project at the Pulaski Skyway Bridge from March
1, 2014 through March 1, 2016.
The twelve hour advance notice requirement for bridge openings
during the rush hour periods gives mariners ample time to plan and
optimize their transits through the waterway and also gives the bridge
owner the opportunity to alert commuters of any expected delays caused
by pending bridge openings.
If the Route 1 & 9 Bridge opened frequently for vessel traffic
during the morning and afternoon rush hours, given the additional
detoured vehicular traffic, it likely would result in significant
vehicular traffic delays that could impact the ability for emergency
vehicles to respond to emergency situations.
D. 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 or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866, or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. We believe that this rule is
not a significant regulatory action because the bridge provides
adequate clearance for recreational vessels to transit the bridge in
the closed position and the commercial vessels will be able to request
openings between 6 p.m. and 6 a.m. and again, from 10 a.m. until 2 p.m.
provided the requisite advance notice is given by calling the number
posted at the bridge. Additionally, commercial deep draft vessel
traffic may request bridge openings during the closure periods if at
least a twelve hour advance notice is given.
2. 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.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
needing to transit through the bridge between 6 a.m. and 10 a.m. or
between 2 p.m. and 6 p.m.
This action will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
high vertical clearance of 40 feet at mean high water should
accommodate all present vessel traffic except deep draft. The bridge
will continue to open on signal for commercial deep draft vessel
traffic provided at least a twelve hour advance notice is given.
Additionally, all other vessels can transit the bridge between 6 p.m.
and 6 a.m. and again, from 10 a.m. until 2 p.m. provided the requisite
amount of notice is given.
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.
3. Assistance for Small Entities
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
[[Page 53109]]
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.
4. 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).
5. Federalism
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 does not have implications for federalism.
6. 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.
7. 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 rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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.
This rule is categorically excluded, under figure 2-1, paragraph
(32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of significant environmental
impact from the proposed rule.
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. From March 1, 2014 until March 1, 2016, suspend Sec. 117.739(b) and
add a new temporary paragraph (p) to read as follows:
Sec. 117.739 Passaic River.
* * * * *
(p) The draw of the Route 1 & 9 (Lincoln Highway) Bridge, mile 1.8,
between Kearny and Newark, shall open on signal if at least a four hour
advance notice is given, except that, the draw need not open for the
passage of vessel traffic between 6 a.m. and 10 a.m. and between 2 p.m.
and 6 p.m., Monday through Friday, except holidays. Tide dependent deep
draft vessels may request bridge openings between 6 a.m. and 10 a.m.
and between 2 p.m. and 6 p.m. provided at least a twelve hour advance
notice is given by calling the number posted at the bridge.
* * * * *
Dated: August 7, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-20684 Filed 8-27-13; 8:45 am]
BILLING CODE 9110-04-P