[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Rules and Regulations]
[Pages 22702-22704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10462]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0228]
RIN 1625-AA09


Drawbridge Operation Regulation; Delaware River, Burlington, NJ 
and Bristol, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the SR 413/Burlington-Bristol Bridge across the 
Delaware River, mile 117.8, between Burlington, NJ and Bristol, PA. 
This temporary modification will allow the drawbridge to be maintained 
closed-to-navigation and is necessary to accommodate bridge 
maintenance.

DATES: This temporary final rule is effective from June 19, 2019, 
through 7:59 a.m. on September 17, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2018-0228 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Michael Thorogood, Bridge Administration Branch Fifth 
District, Coast Guard, telephone 757-398-6557, email 
Michael.R.Thorogood@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 26, 2018, the Coast Guard published a temporary deviation 
entitled ``Drawbridge Operation Regulation; Delaware River, Burlington 
NJ and Bristol, PA'' in the Federal Register (83 FR 18226). This 
temporary deviation was in place to facilitate bridge maintenance and 
painting of the vertical lift span of the drawbridge from May 1, 2018, 
through September 30, 2018. During the planned maintenance period, a 
work platform reduced one half of the bridge span vertical clearance to 
approximately 58 feet above mean high water in the closed position and 
approximately 132 feet above mean high water in the open position.
    On August 9, 2018, the Coast Guard published a cancellation of the 
temporary deviation entitled ``Drawbridge Operation Regulation; 
Delaware River, Burlington NJ and Bristol, PA'' in the Federal Register 
(83 FR 18226). The temporary deviation was cancelled due to delays in 
performing bridge maintenance outside the navigation span, thereby 
eliminating the need for maintaining the temporary deviation. Due to 
the cancellation of the work, the platform was not installed and the 
bridge is operating under its regular operating schedule in 33 CFR 
117.716(a). In accordance with 33 CFR 117.35(e), the drawbridge was 
returned to its regular operating schedule immediately at the end of 
the cancellation date of the temporary deviation.
    On March 1, 2019, the Coast Guard published a notice for proposed 
rulemaking entitled ``Drawbridge Operation Regulation; Delaware River, 
Burlington, NJ and Bristol, PA'' in the Federal Register (84 FR 6992). 
We received no comments on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The SR 413/Burlington-Bristol Bridge across the Delaware River, 
mile 117.8, between Burlington, NJ and Bristol, PA, is a vertical lift 
span bridge, and has a vertical clearance of 61 feet above mean high 
water in the closed position and 135 feet above mean high water in the 
open position. The current operating schedule for the drawbridge is 
published in 33 CFR 117.716(a).
    The Burlington County Bridge Commission, who owns and operates the 
SR 413/Burlington-Bristol Bridge across the Delaware River, mile 117.8, 
between Burlington, NJ and Bristol, PA, has requested this modification 
to allow the drawbridge to be maintained in the closed-to-navigation 
position to facilitate maintenance and painting of the vertical lift 
span of the drawbridge.
    Under this temporary final rule, the drawbridge will be maintained 
in the closed-to-navigation position and open on signal if at least a 
two-hour notice is given, from June 19, 2019, through 7:59 a.m. on 
September 17, 2019. At all other times, the drawbridge will operate per 
33 CFR 117.716 (a).
    This temporary final rule is necessary to facilitate safe and 
effective bridge maintenance and painting of the vertical lift span of 
the drawbridge, while providing for the reasonable needs of navigation. 
Multiple work platforms will reduce the entire bridge span vertical 
clearance to approximately 58 feet above mean high water in the closed 
position and approximately 132 feet above mean high water in the open 
position. Maintenance personnel, equipment and materials will be 
located inside the work platforms while maintenance and painting is 
being performed. To facilitate an opening of the bridge, equipment and 
materials will need to be secured inside or removed from the work 
platforms and

[[Page 22703]]

personnel will need to vacate the work platforms.

IV. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard provided a comment period of 30 days and no 
comments were received. No changes were made to the regulatory text of 
this temporary final rule.

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, and we 
discuss First Amendment rights of protesters.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that 
vessels can still transit the bridge on signal if at least two-hour 
notice is given.

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 received no comments from the Small Business 
Administration on this rule. 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 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 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction. A Record of Environmental Consideration and a Memorandum 
for the Record are not required for this 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.

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.  117.716 by adding paragraph (c) to read as follows:


Sec.  117.716   Delaware River.

* * * * *
    (c) The draw of the SR 413 (Burlington-Bristol) Bridge, mile 117.8, 
between Burlington, NJ and Bristol, PA, shall open on signal if at 
least a two-hour notice is given from June 19, 2019,

[[Page 22704]]

through 7:59 a.m. on September 17, 2019.

K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2019-10462 Filed 5-17-19; 8:45 am]
 BILLING CODE 9110-04-P


