Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ
| Published date | 19 November 2020 |
| Citation | 85 FR 73667 |
| Record Number | 2020-25396 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 85 Issue 224 (Thursday, November 19, 2020)
[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Proposed Rules]
[Pages 73667-73669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25396]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0603]
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 is proposing to modify the operating schedules
that govern the new Route 7 Bridge, mile 3.1, crossing the Hackensack
River, at Jersey City, NJ. The bridge owner, the New Jersey Department
of Transportation (NJDOT), submitted a request to allow the bridge to
require four hours advance notice for bridge openings. It is expected
that this change to the regulations will create efficiency in
drawbridge operations and 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 January 19, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0603 using the 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 Judy Leung-Yee, Project Officer, First Coast Guard
District; telephone 212-514-4336, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
NJDOT New Jersey Department of Transportation
DHS Department of Homeland Security
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, Purpose and Legal Basis
The new Route 7 Bridge at mile 3.1 over the Hackensack River at
Jersey City, New Jersey, is currently under construction and will have
a vertical clearance of 70 feet at mean high water in the closed
position and 135 feet at mean high water in the open position.
Horizontal clearance is approximately 158 feet. The existing Route 7
Bridge over the Hackensack River has a vertical clearance of 35 feet at
mean high water in the closed position and 135 feet at mean high water
in the open position. Horizontal clearance is approximately 158 feet.
The waterway users include recreational and commercial vessels
including tugboat/barge combinations.
The existing regulation, 33 CFR 117.723(k) published under Federal
Register 85 FR 8747, effective April 19, 2020, requires the existing
bridge open on signal; except that, from 11 p.m. to 7 a.m., the draw
shall open on signal if at least two hours advance notice is given by
calling the number posted at the bridge.
In August of 2020, the owner of the bridge, NJDOT, requested a
change to the drawbridge operation regulations to the new bridge
anticipating lower volume of bridge openings given that the new bridge
vertical clearance in the closed position will be double the clearance
of the existing bridge.
Under this proposed rule the new draw would open on signal if at
least four hours advance notice is given by calling the number posted
at the bridge. This rule change will allow for more efficient and
economic operation of the bridge while meeting the reasonable needs of
navigation. The Coast Guard is proposing this rulemaking under
authority in 33 U.S.C. 499.
NJDOT reached out to the maritime stakeholders with the requested
change proposed and received no objections.
III. Discussion of Proposed Rule
The bridge logs show that the Route 7 Bridge had 16 openings in
2018, 10 openings in 2019, and 6 openings in 2020 (through 6/19/2020).
The Coast Guard proposes to permanently modify the operating
regulation.
[[Page 73668]]
The proposed rule would allow that the new Route 7 Bridge shall
open on signal if at least four hours advance notice is given by
calling the number posted at the bridge. Both new and current bridges
will operate under the existing operating schedule until the original
bridge is demolished/removed at which point this proposed rule will
take effect.
It is the Coast Guard's opinion that the proposed rule meets
reasonable needs of marine 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 four-
hour advance notice is given. The vertical clearance under the bridge
in the closed position is relatively high enough to accommodate most
vessel traffic. We believe that this proposed change to the drawbridge
operation regulations at 33 CFR 117.723 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 new Route 7 Bridge provides 70 feet of vertical clearance at
mean high water that should accommodate most of the present vessel
traffic except deep draft vessels. The new bridge will open on signal
for any vessel when a four 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, section. 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 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.
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, Rev.1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined 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, such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are 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.
[[Page 73669]]
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
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 117.723, paragraph (k) to read as follows:
Sec. 117.723 Hackensack River.
* * * * *
(k) The draw of the Route 7 Bridge, mile 3.1, at Jersey City, shall
open on signal if at least four hours advance notice is given by
calling the number posted at the bridge.
Dated: November 12, 2020.
T.G. Allan, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-25396 Filed 11-18-20; 8:45 am]
BILLING CODE 9110-04-P
