Drawbridge Operation Regulation; Delaware River, Burlington, NJ and Bristol, PA, 6992-6994 [2019-03715]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Proposed Rules]
[Pages 6992-6994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03715]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

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

DATES: Comments and related material must reach the Coast Guard on or 
before April 1, 2019.
    The Coast Guard anticipates that this proposed rule will be 
effective from 8 a.m. on February 15, 2019, through 7:59 a.m. on 
September 17, 2019.

ADDRESSES:  You may submit comments identified by docket number USCG-
2018-0228 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. Michael Thorogood, Bridge Administration Branch 
Fifth District, Coast Guard, telephone 757-398-6557, email 
Michael.R.Thorogood@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On April 26, 2018, the Coast Guard published a temporary deviation 
entitled ``Drawbridge Operation Regulation; Delaware River, Burlington, 
NJ and Bristol, PA'' in the Federal Register (83 FR 18226). This 
temporary deviation was to facilitate bridge maintenance and painting 
of the vertical lift span of the drawbridge from May 1, 2018, through 
September 30, 2018. During the planned maintenance period, a work 
platform would have reduced one half of the bridge span vertical 
clearance to approximately 58 feet above mean high water in the closed 
position and approximately 132 feet above mean high water in the open 
position.
    On August 9, 2018, the Coast Guard published a cancellation of the 
temporary deviation entitled ``Drawbridge Operation Regulation; 
Delaware River, Burlington NJ and Bristol, PA'' in the Federal Register 
(83 FR 18226), in the Federal Register (83 FR 39361). The temporary 
deviation was cancelled due to delays in performing bridge maintenance 
outside the navigation span, thereby eliminating the need for a 
temporary deviation to facilitate bridge maintenance in the navigation 
span. Due to the cancellation of the work, the platform was not 
installed and the bridge is operating under its regular operating 
schedule in 33 CFR 117.716 (a). In accordance with 33 CFR 117.35(e), 
the drawbridge was returned to its regular operating schedule upon 
publication of the cancellation.
    The Burlington County Bridge Commission, who owns and operates the 
SR 413/Burlington-Bristol Bridge across the Delaware River, mile 117.8, 
between Burlington, NJ and Bristol, PA, has requested this modification 
to allow the drawbridge to be maintained in the closed-to-navigation 
position to facilitate maintenance and painting of the vertical lift 
span of the drawbridge.

III. Discussion of Proposed Rule

    The SR 413/Burlington-Bristol Bridge across the Delaware River, 
mile 117.8,

[[Page 6993]]

between Burlington, NJ and Bristol, PA, has a vertical clearance of 61 
feet above mean high water in the closed position and 135 feet above 
mean high water in the open position. The current operating schedule 
for the drawbridge is published in 33 CFR 117.716(a).
    Under this proposed temporary final rule, the drawbridge will be 
maintained in the closed-to-navigation position and open on signal if 
at least a two-hour notice is given, from 8 a.m. on February 15, 2019, 
through 7:59 a.m. on September 17, 2019. At all other times, the 
drawbridge will operate per 33 CFR 117.716(a).
    This proposed temporary final rule is necessary to facilitate safe 
and effective bridge maintenance and painting of the vertical lift span 
of the drawbridge, while providing for the reasonable needs of 
navigation. Multiple work platforms will reduce the entire bridge span 
vertical clearance to approximately 58 feet above mean high water in 
the closed position and approximately 132 feet above mean high water in 
the open position. Maintenance personnel, equipment and materials will 
be located inside the work platforms while maintenance and painting is 
being performed. To facilitate an opening of the bridge, equipment and 
materials will need to be secured inside or removed from the work 
platforms and personnel will need to vacate the work platforms.

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 NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that 
vessels can still transit the bridge on signal if at least a two-hour 
notice is given.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard 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. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section IV.A above this proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and 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.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed 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

[[Page 6994]]

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, visit https://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at https://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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Amend Sec.  117.716 by adding paragraph (c) to read as follows:


Sec.  117.716   Delaware River.

* * * * *
    (c) The draw of the SR 413 (Burlington-Bristol) Bridge, mile 117.8, 
between Burlington, NJ and Bristol, PA, shall open on signal if at 
least a two-hour notice is given from 8 a.m. on February 15, 2019, 
through 7:59 a.m. on September 17, 2019.

    Dated: February 13, 2019.
K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2019-03715 Filed 2-28-19; 8:45 am]
 BILLING CODE 9110-04-P