[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Proposed Rules]
[Pages 34932-34935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12929]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0173]
RIN 1625-AA09
Drawbridge Operation Regulation; Hackensack River, Jersey City,
NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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[[Page 34933]]
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Route 1 & 9 (Lincoln Highway) Bridge across
the Hackensack River, mile 2.0, Jersey City, 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 reach the Coast Guard on or
before August 1, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0173 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. Joe M. Arca, 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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Route 1 & 9 (Lincoln Highway) Bridge at mile 2.0, across the
Hackensack River between Kearny and Jersey City, New Jersey, has a
vertical clearance of 40 feet at mean high water and 45 feet at mean
low water. The waterway users include 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 from
vehicular traffic congestion during the morning and afternoon vehicular
rush hour periods due to local construction detours. Vehicular traffic
on the bridge has increased due to additional traffic detoured from the
adjacent Pulaski Skyway Bridge, which is currently under construction
to replace its deck. Construction on the Pulaski Skyway Bridge is
expected to continue through September 2017.
The existing regulations require the bridge to open on signal at
all times. Under this proposed temporary rule the Route 1 & 9 (Lincoln
Highway) Bridge would open on signal, 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 bridge openings
during the rush hour closure periods provided that at least a twelve
hour advance notice is given by calling the number posted at the
bridge, which is (973) 589-5143.
III. Discussion of Proposed Rule
The Coast Guard proposes to change the drawbridge operation
regulations at 33 CFR 117.723 by adding paragraph (k). This change will
facilitate additional vehicular traffic detoured from the Pulaski
Skyway Bridge which is expected to be under construction through
September 30, 2017.
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 accommodate the anticipated 40,000
vehicles, daily, detoured from the Pulaski Skyway Bridge. Given the
additional detoured vehicular traffic, if the Route 1 & 9 Bridge opened
frequently for vessel traffic during the morning and afternoon rush
hours, it would likely result in significant vehicular traffic delays
and could negatively impact the ability of emergency vehicles to
respond.
Review of the bridge logs in the last three years shows that the
bridge openings average 25 per month.
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 that
at least a twelve hour advance notice is given by calling the number
posted at the bridge. The twelve hour advance notice requirement for
bridge openings during the rush hour periods gives tide dependent deep
draft vessels 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.
Other vessels can still transit the bridge outside the rush hours.
It is our opinion that this temporary rule meets the reasonable needs
of marine and vehicular 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. 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.
This regulatory action determination is based on the ability that
tide dependent deep draft vessels can still transit the bridge given
advanced notice and vessels that are not tide dependant can still
transit outside the closure hours. We believe that the proposal to
change the drawbridge operation regulations at 33 CFR 117.723 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
as stated in Section III above, 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 Bridge provides 40 feet of vertical clearance at mean high
water that should accommodate all the present vessel traffic except
deep draft vessels. The bridge will continue to open on signal for
commercial deep draft vessel traffic provided at least a twelve hour
advance notice is given. While some
[[Page 34934]]
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 temporary 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 temporary 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.
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 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 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, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this notice and all public comments, are in
our online docket at http://www.regulations.gov and can be viewed by
following that Web site'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. Through September 30, 2017, in Sec. 117.723, add paragraph (k) to
read as follows:
Sec. 117.723 Hackensack River.
* * * * *
(k) The draw of the Route 1 & 9 (Lincoln Highway) Bridge, mile 2.0,
between Kearny and Jersey City, shall open on signal, 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 that
at least a
[[Page 34935]]
twelve hour advance notice is given by calling the number posted at the
bridge.
Dated: May 18, 2016.
K.C. Kiefer,
Captain, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-12929 Filed 5-31-16; 8:45 am]
BILLING CODE 9110-04-P