
[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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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 joe.m.arca@uscg.mil.

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

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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


