Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ, 34932-34935 [2016-12929]
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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:
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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
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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
https://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
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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:
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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 https://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
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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
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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
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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
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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).
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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
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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
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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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
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 https://
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
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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
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:
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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 https://
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
https://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 https://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;
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• 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.
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]]>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.
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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 https://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
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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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://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 https://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
