[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Proposed Rules]
[Pages 53350-53352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21686]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0086]
RIN 1625-AA09


Drawbridge Operation Regulation; Hackensack River, Little Snake 
Hill, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Amtrak Portal Bridge across the Hackensack River, mile 5.0, 
at Little Snake Hill, New Jersey. The bridge owner, National Railroad 
Passenger Corporation (Amtrak), submitted a request to require a 
greater advance notice for bridge openings, to increase the time 
periods the bridge remains in the closed position, and reduce bridge 
openings during the morning and evening commuter rush hours. It is 
expected that this change to the regulations will better serve the 
needs of the community while continuing to meet the reasonable needs of 
navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before December 6, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0086 using Federal e-Rulemaking 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 Judy Leung-Yee, Project Officer, First Coast Guard 
District, telephone (212) 514-4336, email Judy.K.Leung-Yee@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
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Amtrak Portal Bridge at mile 5.0, across the Hackensack River, 
at Little Snake Hill, New Jersey, has a vertical clearance of 23 feet 
at mean high water and 28 feet at mean low water. Horizontal clearance 
is approximately 99 feet. The waterway users include recreational and 
commercial vessels, including tugboat/barge combinations.
    The existing drawbridge operating regulations are listed at 33 CFR 
117.723(e).
    In December of 2018, the owner of the bridge, National Railroad 
Passenger Corporation, requested a change to the drawbridge operation 
regulations because the volume of train traffic across the bridge 
during the peak commuting hours makes bridge

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openings impractical under the current schedule. As a result, bridge 
openings that occur during peak commuter train hours cause significant 
delays to commuter rail traffic. The owner proposed that the bridge 
opening schedule be revised so the bridge need not open for the passage 
of vessel traffic, Monday through Friday, from 5 a.m. to 10 a.m. and 
from 3 p.m. to 8 p.m. At all other times the bridge shall open on 
signal if at least 24 hour notice is given.
    The Coast Guard reached out to the maritime stakeholders with the 
requested change proposed by the bridge owner. A stakeholder provided a 
general objection to the change in the original request in December 
2018, prior to the test deviation's publication.
    The Coast Guard published a test deviation with request for comment 
that changed the original request, Hackensack River, New Jersey, in the 
Federal Register (84 FR 9459), in effect from March 15, 2019 through 
September 9, 2019, to test the proposed changes to the drawbridge 
operation regulations. The Coast Guard received five comments in the 
docket regarding this proposed rulemaking. Of those five comments, 
three came from one commenter and did not address this action. One 
comment supported the test deviation recommending it be made permanent. 
The fifth comment came from the aforementioned stakeholder who asked 
that their original negative comment be uploaded to the docket for the 
test deviation. The general objection contended that Amtrak's 
``inability to operate the Portal Bridge as required'' is not the 
responsibility of the commenter, and that the proposed changes would 
fail to solve the maintenance issues with the bridge. The Coast Guard 
cannot speak to the commenter's assertion on maintenance issues or 
operational issues, as this proposed change would be for traffic volume 
purposes.

III. Discussion of Proposed Rule

    As a result of comments received from the test deviation and the 
bridge logs showing only three requests to open from March 14, 2019 
through July 12, 2019, the Coast Guard proposes to permanently change 
the drawbridge operation regulations at 33 CFR 117.723(e), that would 
allow Amtrak Portal Bridge at mile 5.0, across the Hackensack River, at 
Little Snake Hill, New Jersey, to operate as follows:
    The draw need not open for the passage of vessel traffic from 5 
a.m. to 10 a.m. and from 3 p.m. to 8 p.m. Additional bridge openings 
shall be provided for tide restricted commercial vessels between 7 a.m. 
and 8 a.m. and between 5 p.m. and 6 p.m., if at least a two-hour 
advance notice is given by calling the number posted at the bridge. At 
all other times the bridge shall open on signal if at least two-hour 
advance notice is given. It is the Coast Guard's opinion that this rule 
meets the reasonable needs of marine and rail 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the Office of Management and Budget (OMB) has not 
reviewed the NPRM and pursuant to OMB guidance, it is exempt from the 
requirements of Executive Order 13771.
    The Coast Guard believes this rule is not a significant regulatory 
action. The bridge will still open for all vessel traffic after a two 
hour advance notice is given, except during the morning and afternoon 
commuter rush hour periods, where a one hour time period will allow 
passage of commercial vessels. The vertical clearance under the bridge 
in the closed position is relatively high enough to accommodate most 
vessel traffic during the time periods the draw is closed during the 
morning and evening commuter rush hours. We believe that this proposed 
change to the drawbridge operation regulations at 33 CFR 117.723(e) 
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 23 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 any 
vessel provided at least 2-hour advance notice is given. While some 
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 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

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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 rule under Department of Homeland 
Security Management Directive 023-01 and Environmental Planning 
COMDTINST 5090.1 (series), which guide the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination 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 proposed rule 
promulgates the operating regulations or procedures for drawbridges. 
Normally, this action is categorically excluded from further review, 
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard 
Environmental Planning Implementation Procedures.

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 e-
Rulemaking 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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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; DHS Delegation No. 
0170.1.
0
2. Revise Sec.  117.723(e) to read as follows:


Sec.  117.723  Hackensack River.

* * * * *
    (e) The draw of the Amtrak Portal Bridge, mile 5.0, at Little Snake 
Hill, New Jersey, need not open for the passage of vessel traffic from 
5 a.m. to 10 a.m. and from 3 p.m. to 8 p.m. Additional bridge openings 
shall be provided for tide restricted commercial vessels between 7 a.m. 
and 8 a.m. and between 5 p.m. and 6 p.m., if at least a two-hour 
advance notice is given by calling the number posted at the bridge. At 
all other times the bridge shall open on signal if at least two-hour 
advance notice is given.
* * * * *

    Dated: September 19, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-21686 Filed 10-4-19; 8:45 am]
 BILLING CODE 9110-04-P


