Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ, 34932-34935 [2016-12929]

Download as PDF 34932 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules The second meeting of the ACCESS Advisory Committee will be held on June 14 and 15, 2016, from 9 a.m. to 5 p.m., Eastern Daylight Time. ADDRESSES: The meeting will be held at the Capital Hilton, 1001 16th Street NW., Washington DC 20036, in the Congressional Room. Attendance is open to the public up to the room’s capacity of 150 attendees. Since space is limited, any member of the general public who plans to attend this meeting must notify the registration contact identified below no later than June 7, 2016. FOR FURTHER INFORMATION CONTACT: To register to attend the meeting, please contact Alyssa Battle (Abattle@ linkvisum.com; 703–442–4575 extension 127) or Kyle Illgenfritz (kilgenfritz@linkvisum.com; 703–442– 4575 extension 128). For other information, please contact Livaughn Chapman or Vinh Nguyen, Office of the Aviation Enforcement and Proceedings, U.S. Department of Transportation, by email at livaughn.chapman@dot.gov or vinh.nguyen@dot.gov or by telephone at 202–366–9342. SUPPLEMENTARY INFORMATION: sradovich on DSK3TPTVN1PROD with PROPOSALS DATES: I. Second Public Meeting of the ACCESS Committee The second meeting of the ACCESS Advisory Committee will be held on June 14 and 15, 2016, from 9:00 a.m. to 5:00 p.m., Eastern Daylight Time. The meeting will be held at the Capital Hilton, 1001 16th Street NW., Washington DC 20036, in the Congressional Room. At the meeting, the ACCESS Advisory Committee will continue to address whether to require accessible inflight entertainment (IFE) and strengthen accessibility requirements for other in-flight communications, whether to require an accessible lavatory on new single-aisle aircraft over a certain size, and whether to amend the definition of ‘‘service animals’’ that may accompany passengers with a disability on a flight. This meeting will include reports from working groups formed to address the three issues listed above. Prior to the meeting, the agenda will be available on the ACCESS Advisory Committee’s Web site, www.transportation.gov/accessadvisory-committee. The agenda will also be posted to the Federal Docket Management System (FDMC), Docket Number DOT–OST–2015–0246. Information on how to access advisory committee documents via the FDMC is contained in Section III, below. The meeting will be open to the public. Attendance will be limited by the size of the meeting room (maximum VerDate Sep<11>2014 17:32 May 31, 2016 Jkt 238001 150 attendees). Because space is limited, we ask that any member of the public who plans to attend the meeting notify the registration contact, Alyssa Battle (Abattle@linkvisum.com; 703–442–4575 extension 127) or Kyle Illgenfritz (kilgenfritz@linkvisum.com; 703–442– 4575 extension 128) at Linkvisum, no later than June 7, 2016. At the discretion of the facilitator and the Committee and time permitting, members of the public are invited to contribute to the discussion and provide oral comments. II. Submitting Written Comments Members of the public may submit written comments on the topics to be considered during the meeting by June 7, 2016, to FDMC, Docket Number DOT–OST–2015–0246. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. DOT recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that DOT can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, put the docket number, DOT–OST–2015–0246, in the keyword box, and click ‘‘Search.’’ When the new screen appears, click on the ‘‘Comment Now!’’ button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. III. Viewing Comments and Documents To view comments and any documents mentioned in this preamble as being available in the docket, go to www.regulations.gov. Enter the docket number, DOT–OST–2015–0246, in the keyword box, and click ‘‘Search.’’ Next, click the link to ‘‘Open Docket Folder’’ and choose the document to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal holidays. IV. ACCESS Advisory Committee Charter The ACCESS Advisory Committee is established by charter in accordance with the Federal Advisory Committee PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 Act (FACA), 5 U.S.C. App. 2. Secretary of Transportation Anthony Foxx approved the ACCESS Advisory Committee charter on April 6, 2016. The committee’s charter sets forth policies for the operation of the advisory committee and is available on the Department’s Web site at www.transportation.gov/office-generalcounsel/negotiated-regulations/charter. V. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. VI. Future Committee Meetings DOT anticipates that the ACCESS Advisory Committee will have four additional two-day meetings in Washington DC The meetings are tentatively scheduled for following dates: third meeting, July 11–12; fourth meeting, August 16–17; fifth meeting, September 22–23, and the sixth and final meeting, October 13–14. Notices of all future meetings will be published in the Federal Register at least 15 calendar days prior to each meeting. Notice of this meeting is being provided in accordance with the Federal Advisory Committee Act and the General Services Administration regulations covering management of Federal advisory committees. See 41 CFR part 102–3. Issued under the authority of delegation in 49 CFR 1.27(n). Dated: May 25, 2016. Judith S. Kaleta, Acting General Counsel. [FR Doc. 2016–12882 Filed 5–31–16; 8:45 am] BILLING CODE 4910–9X–P 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 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: E:\FR\FM\01JNP1.SGM 01JNP1 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules 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: SUMMARY: I. Table of Abbreviations sradovich on DSK3TPTVN1PROD with PROPOSALS 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 § 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 VerDate Sep<11>2014 17:32 May 31, 2016 Jkt 238001 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 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 34933 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 E:\FR\FM\01JNP1.SGM 01JNP1 34934 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules 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). sradovich on DSK3TPTVN1PROD with PROPOSALS 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 VerDate Sep<11>2014 17:32 May 31, 2016 Jkt 238001 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 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 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. 2. Through September 30, 2017, in § 117.723, add paragraph (k) to read as follows: ■ § 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 E:\FR\FM\01JNP1.SGM 01JNP1 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2015–0042; FRL–9947–09– Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Second Ten-Year PM10 Maintenance Plan for Lamar Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: sradovich on DSK3TPTVN1PROD with PROPOSALS VerDate Sep<11>2014 17:32 May 31, 2016 Jkt 238001 Table of Contents I. General Information II. Background III. What was the State’s process? IV. EPA’s Evaluation of the Revised Lamar PM10 Maintenance Plan V. Proposed Action VI. Statutory and Executive Order Reviews I. General Information The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Colorado. On May 13, 2013, the Governor of Colorado’s designee submitted to the EPA a revised maintenance plan for the Lamar area for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM10). EPA is proposing to approve the revised maintenance plan with the exception of one aspect of the plan’s contingency measures. DATES: Written comments must be received on or before July 1, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2015–0042 at http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.,) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For SUMMARY: additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: James Hou, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6210, hou.james@epa.gov. SUPPLEMENTARY INFORMATION: What should I consider as I prepare my comments for EPA? 1. Submitting Confidential Business Information (CBI). Do not submit CBI to EPA through http://www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk or CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register volume, date, and page number); • Follow directions and organize your comments; • Explain why you agree or disagree; • Suggest alternatives and substitute language for your requested changes; • Describe any assumptions and provide any technical information and/ or data that you used; • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced; PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 34935 • Provide specific examples to illustrate your concerns, and suggest alternatives; • Explain your views as clearly as possible, avoiding the use of profanity or personal threats; and, • Make sure to submit your comments by the comment period deadline identified. II. Background The Lamar area was designated nonattainment for PM10 and classified as moderate by operation of law upon enactment of the CAA Amendments of 1990. See 56 FR 56694, 56705, 56736 (November 6, 1991). EPA approved Colorado’s nonattainment area SIP for the Lamar PM10 nonattainment area on June 9, 1994 (59 FR 29732). On July 31, 2002, the Governor of Colorado submitted a request to EPA to redesignate the Lamar moderate PM10 nonattainment area to attainment for the 1987 PM10 NAAQS. Along with this request, the State submitted a maintenance plan, which demonstrated that the area was expected to remain in attainment of the PM10 NAAQS through 2015. EPA approved the Lamar maintenance plan and redesignation to attainment on October 25, 2005 (70 FR 61563). Eight years after an area is redesignated to attainment, the CAA section 175A(b) requires the state to submit a subsequent maintenance plan to the EPA, covering a second 10-year period.1 This second 10-year maintenance plan must demonstrate continued maintenance of the applicable NAAQS during this second 10-year period. To fulfill this requirement of the Act, the Governor of Colorado’s designee submitted the second 10-year update of the PM10 maintenance plan to the EPA on May 13, 2013 (hereafter, ‘‘revised Lamar PM10 Maintenance Plan’’). As described in 40 CFR 50.6, the level of the national primary and secondary 24-hour ambient air quality standards for PM10 is 150 micrograms per cubic meter (mg/m3). An area attains the 24hour PM10 standard when the expected number of days per calendar year with a 24-hour concentration in excess of the standard (referred to herein as 1 In this case, the initial maintenance period described in CAA section 175A(a) was required to extend for at least 10 years after the redesignation to attainment, which was effective on November 25, 2005. See 70 FR 61563. Therefore, the first maintenance plan was required to show maintenance through 2015. CAA section 175A(b) requires that the second 10-year maintenance plan maintain the NAAQS for ‘‘10 years after the expiration of the 10-year period referred to in [section 175A(a)].’’ Thus, for the Lamar area, the second 10-year period ends in 2025. E:\FR\FM\01JNP1.SGM 01JNP1

Agencies

[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.

-----------------------------------------------------------------------

[[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 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

[[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