Drawbridge Operation Regulation; Hackensack River, Little Snake Hill, NJ, 53350-53352 [2019-21686]
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Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Proposed Rules
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
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Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
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cannot guarantee that we will be able to
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Public Hearing
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hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
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you are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
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has been given an opportunity to be
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speak after those who have been
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everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
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opportunity to speak, we may hold a
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CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
17:17 Oct 04, 2019
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulations
and Regulatory Review
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance dated
October 12, 1993, the approval of state
plan amendments is exempted from
OMB review under Executive Order
12866. Executive Order 13563, which
reaffirms and supplements Executive
Order 12866, retains this exemption.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a Plan
amendment to OSMRE for review, our
regulations at 30 CFR 884.14 and
884.15, and agency policy require
public notification and an opportunity
for public comment. We accomplish this
by publishing a notice in the Federal
Register indicating receipt of the
proposed amendment and its text or a
summary of its terms. We conclude our
review of the proposed amendment after
the close of the public comment period
and determine whether the amendment
should be approved, approved in part,
or not approved. At that time, we will
also make the determinations and
certifications required by the various
laws and executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 924
Intergovernmental relations, Surface
mining, Underground mining.
Dated: September 6, 2019.
Alfred L. Clayborne,
Regional Director, DOI Unified Regions 3,
4 and 6.
[FR Doc. 2019–21722 Filed 10–4–19; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Public Meeting
VerDate Sep<11>2014
IV. Procedural Determinations
Jkt 250001
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0086]
RIN 1625–AA09
Drawbridge Operation Regulation;
Hackensack River, Little Snake Hill, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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The Coast Guard proposes to
modify the operating schedule that
governs the Amtrak Portal Bridge across
the Hackensack River, mile 5.0, at Little
Snake Hill, New Jersey. The bridge
owner, National Railroad Passenger
Corporation (Amtrak), submitted a
request to require a greater advance
notice for bridge openings, to increase
the time periods the bridge remains in
the closed position, and reduce bridge
openings during the morning and
evening commuter rush hours. It is
expected that this change to the
regulations will better serve the needs of
the community while continuing to
meet the reasonable needs of navigation.
DATES: Comments and related material
must reach the Coast Guard on or before
December 6, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0086 using Federal e-Rulemaking
Portal at 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 Judy Leung-Yee,
Project Officer, First Coast Guard
District, telephone (212) 514–4336,
email Judy.K.Leung-Yee@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Amtrak Portal Bridge at mile 5.0,
across the Hackensack River, at Little
Snake Hill, New Jersey, has a vertical
clearance of 23 feet at mean high water
and 28 feet at mean low water.
Horizontal clearance is approximately
99 feet. The waterway users include
recreational and commercial vessels,
including tugboat/barge combinations.
The existing drawbridge operating
regulations are listed at 33 CFR
117.723(e).
In December of 2018, the owner of the
bridge, National Railroad Passenger
Corporation, requested a change to the
drawbridge operation regulations
because the volume of train traffic
across the bridge during the peak
commuting hours makes bridge
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07OCP1
Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Proposed Rules
openings impractical under the current
schedule. As a result, bridge openings
that occur during peak commuter train
hours cause significant delays to
commuter rail traffic. The owner
proposed that the bridge opening
schedule be revised so the bridge need
not open for the passage of vessel traffic,
Monday through Friday, from 5 a.m. to
10 a.m. and from 3 p.m. to 8 p.m. At all
other times the bridge shall open on
signal if at least 24 hour notice is given.
The Coast Guard reached out to the
maritime stakeholders with the
requested change proposed by the
bridge owner. A stakeholder provided a
general objection to the change in the
original request in December 2018, prior
to the test deviation’s publication.
The Coast Guard published a test
deviation with request for comment that
changed the original request,
Hackensack River, New Jersey, in the
Federal Register (84 FR 9459), in effect
from March 15, 2019 through September
9, 2019, to test the proposed changes to
the drawbridge operation regulations.
The Coast Guard received five
comments in the docket regarding this
proposed rulemaking. Of those five
comments, three came from one
commenter and did not address this
action. One comment supported the test
deviation recommending it be made
permanent. The fifth comment came
from the aforementioned stakeholder
who asked that their original negative
comment be uploaded to the docket for
the test deviation. The general objection
contended that Amtrak’s ‘‘inability to
operate the Portal Bridge as required’’ is
not the responsibility of the commenter,
and that the proposed changes would
fail to solve the maintenance issues with
the bridge. The Coast Guard cannot
speak to the commenter’s assertion on
maintenance issues or operational
issues, as this proposed change would
be for traffic volume purposes.
III. Discussion of Proposed Rule
As a result of comments received from
the test deviation and the bridge logs
showing only three requests to open
from March 14, 2019 through July 12,
2019, the Coast Guard proposes to
permanently change the drawbridge
operation regulations at 33 CFR
117.723(e), that would allow Amtrak
Portal Bridge at mile 5.0, across the
Hackensack River, at Little Snake Hill,
New Jersey, to operate as follows:
The draw need not open for the
passage of vessel traffic from 5 a.m. to
10 a.m. and from 3 p.m. to 8 p.m.
Additional bridge openings shall be
provided for tide restricted commercial
vessels between 7 a.m. and 8 a.m. and
between 5 p.m. and 6 p.m., if at least a
VerDate Sep<11>2014
17:17 Oct 04, 2019
Jkt 250001
two-hour advance notice is given by
calling the number posted at the bridge.
At all other times the bridge shall open
on signal if at least two-hour advance
notice is given. It is the Coast Guard’s
opinion that this rule meets the
reasonable needs of marine and rail
traffic.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the Office of
Management and Budget (OMB) has not
reviewed the NPRM and pursuant to
OMB guidance, it is exempt from the
requirements of Executive Order 13771.
The Coast Guard believes this rule is
not a significant regulatory action. The
bridge will still open for all vessel traffic
after a two hour advance notice is given,
except during the morning and
afternoon commuter rush hour periods,
where a one hour time period will allow
passage of commercial vessels. The
vertical clearance under the bridge in
the closed position is relatively high
enough to accommodate most vessel
traffic during the time periods the draw
is closed during the morning and
evening commuter rush hours. We
believe that this proposed change to the
drawbridge operation regulations at 33
CFR 117.723(e) will meet the reasonable
needs of navigation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
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53351
have a significant economic impact on
a substantial number of small entities.
The bridge provides 23 feet of vertical
clearance at mean high water that
should accommodate all the present
vessel traffic except deep draft vessels.
The bridge will continue to open on
signal for any vessel provided at least 2hour advance notice is given. While
some owners or operators of vessels
intending to transit the bridge may be
small entities, for the reasons stated in
section IV.A above, this proposed rule
would not have a significant economic
impact on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
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Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Proposed Rules
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule promulgates the operating
regulations or procedures for
drawbridges. Normally, this action is
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
VerDate Sep<11>2014
17:17 Oct 04, 2019
Jkt 250001
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
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 0170.1.
2. Revise § 117.723(e) to read as
follows:
■
§ 117.723
Hackensack River.
*
*
*
*
*
(e) The draw of the Amtrak Portal
Bridge, mile 5.0, at Little Snake Hill,
New Jersey, need not open for the
passage of vessel traffic from 5 a.m. to
10 a.m. and from 3 p.m. to 8 p.m.
Additional bridge openings shall be
provided for tide restricted commercial
vessels between 7 a.m. and 8 a.m. and
between 5 p.m. and 6 p.m., if at least a
two-hour advance notice is given by
calling the number posted at the bridge.
At all other times the bridge shall open
on signal if at least two-hour advance
notice is given.
*
*
*
*
*
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Dated: September 19, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2019–21686 Filed 10–4–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 127
[Docket Number USCG–2019–0615]
Waterway Suitability Assessment for
Operations of Liquefied Hazardous
Gas Terminal; Nederland, TX
Coast Guard, DHS.
Notice of inquiry; request for
comments.
AGENCY:
ACTION:
We are requesting your
comments on a Letter of Intent and
Preliminary Waterway Suitability
Assessment we received from Sunoco
Partners Marketing & Terminals to
expand their existing liquefied
hazardous gas (LHG) operations by
increasing the number of liquefied
propane and butane ship visits from
approximately 120 per year to 432 ship
visits per year. Additionally, they
intend to expand operations to include
120 liquefied ethane ship visits per year.
The Coast Guard is notifying the public
of this proposed increase in LHG marine
traffic on the Sabine-Neches Waterway
and is soliciting comments relevant to
the Coast Guard’s preparation of a Letter
of Recommendation for issuance to the
federal, state, or local agency with
jurisdiction over the proposed facility.
DATES: Your comments and related
material must reach the Coast Guard on
or before November 6, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0615 using the Federal portal at
https://www.regulations.gov. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this notice of
inquiry, call or email Mr. Scott K.
Whalen, Vessel Traffic Service Director,
Marine Safety Unit Port Arthur, U.S.
Coast Guard; telephone 409–719–5086,
email Scott.K.Whalen@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
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Code of Federal Regulations
07OCP1
]]>Agencies
[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Proposed Rules]
[Pages 53350-53352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21686]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0086]
RIN 1625-AA09
Drawbridge Operation Regulation; Hackensack River, Little Snake
Hill, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Amtrak Portal Bridge across the Hackensack River, mile 5.0,
at Little Snake Hill, New Jersey. The bridge owner, National Railroad
Passenger Corporation (Amtrak), submitted a request to require a
greater advance notice for bridge openings, to increase the time
periods the bridge remains in the closed position, and reduce bridge
openings during the morning and evening commuter rush hours. It is
expected that this change to the regulations will better serve the
needs of the community while continuing to meet the reasonable needs of
navigation.
DATES: Comments and related material must reach the Coast Guard on or
before December 6, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0086 using Federal e-Rulemaking Portal at 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 Judy Leung-Yee, Project Officer, First Coast Guard
District, telephone (212) 514-4336, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Amtrak Portal Bridge at mile 5.0, across the Hackensack River,
at Little Snake Hill, New Jersey, has a vertical clearance of 23 feet
at mean high water and 28 feet at mean low water. Horizontal clearance
is approximately 99 feet. The waterway users include recreational and
commercial vessels, including tugboat/barge combinations.
The existing drawbridge operating regulations are listed at 33 CFR
117.723(e).
In December of 2018, the owner of the bridge, National Railroad
Passenger Corporation, requested a change to the drawbridge operation
regulations because the volume of train traffic across the bridge
during the peak commuting hours makes bridge
[[Page 53351]]
openings impractical under the current schedule. As a result, bridge
openings that occur during peak commuter train hours cause significant
delays to commuter rail traffic. The owner proposed that the bridge
opening schedule be revised so the bridge need not open for the passage
of vessel traffic, Monday through Friday, from 5 a.m. to 10 a.m. and
from 3 p.m. to 8 p.m. At all other times the bridge shall open on
signal if at least 24 hour notice is given.
The Coast Guard reached out to the maritime stakeholders with the
requested change proposed by the bridge owner. A stakeholder provided a
general objection to the change in the original request in December
2018, prior to the test deviation's publication.
The Coast Guard published a test deviation with request for comment
that changed the original request, Hackensack River, New Jersey, in the
Federal Register (84 FR 9459), in effect from March 15, 2019 through
September 9, 2019, to test the proposed changes to the drawbridge
operation regulations. The Coast Guard received five comments in the
docket regarding this proposed rulemaking. Of those five comments,
three came from one commenter and did not address this action. One
comment supported the test deviation recommending it be made permanent.
The fifth comment came from the aforementioned stakeholder who asked
that their original negative comment be uploaded to the docket for the
test deviation. The general objection contended that Amtrak's
``inability to operate the Portal Bridge as required'' is not the
responsibility of the commenter, and that the proposed changes would
fail to solve the maintenance issues with the bridge. The Coast Guard
cannot speak to the commenter's assertion on maintenance issues or
operational issues, as this proposed change would be for traffic volume
purposes.
III. Discussion of Proposed Rule
As a result of comments received from the test deviation and the
bridge logs showing only three requests to open from March 14, 2019
through July 12, 2019, the Coast Guard proposes to permanently change
the drawbridge operation regulations at 33 CFR 117.723(e), that would
allow Amtrak Portal Bridge at mile 5.0, across the Hackensack River, at
Little Snake Hill, New Jersey, to operate as follows:
The draw need not open for the passage of vessel traffic from 5
a.m. to 10 a.m. and from 3 p.m. to 8 p.m. Additional bridge openings
shall be provided for tide restricted commercial vessels between 7 a.m.
and 8 a.m. and between 5 p.m. and 6 p.m., if at least a two-hour
advance notice is given by calling the number posted at the bridge. At
all other times the bridge shall open on signal if at least two-hour
advance notice is given. It is the Coast Guard's opinion that this rule
meets the reasonable needs of marine and rail traffic.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the Office of Management and Budget (OMB) has not
reviewed the NPRM and pursuant to OMB guidance, it is exempt from the
requirements of Executive Order 13771.
The Coast Guard believes this rule is not a significant regulatory
action. The bridge will still open for all vessel traffic after a two
hour advance notice is given, except during the morning and afternoon
commuter rush hour periods, where a one hour time period will allow
passage of commercial vessels. The vertical clearance under the bridge
in the closed position is relatively high enough to accommodate most
vessel traffic during the time periods the draw is closed during the
morning and evening commuter rush hours. We believe that this proposed
change to the drawbridge operation regulations at 33 CFR 117.723(e)
will meet the reasonable needs of navigation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The bridge provides 23 feet of vertical clearance at mean high
water that should accommodate all the present vessel traffic except
deep draft vessels. The bridge will continue to open on signal for any
vessel provided at least 2-hour advance notice is given. While some
owners or operators of vessels intending to transit the bridge may be
small entities, for the reasons stated in section IV.A above, this
proposed rule would not have a significant economic impact on any
vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or
[[Page 53352]]
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. If you believe this
proposed rule has implications for federalism or Indian tribes, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Environmental Planning
COMDTINST 5090.1 (series), which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This proposed rule
promulgates the operating regulations or procedures for drawbridges.
Normally, this action is categorically excluded from further review,
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard
Environmental Planning Implementation Procedures.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal e-
Rulemaking Portal at 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; DHS Delegation No.
0170.1.
0
2. Revise Sec. 117.723(e) to read as follows:
Sec. 117.723 Hackensack River.
* * * * *
(e) The draw of the Amtrak Portal Bridge, mile 5.0, at Little Snake
Hill, New Jersey, need not open for the passage of vessel traffic from
5 a.m. to 10 a.m. and from 3 p.m. to 8 p.m. Additional bridge openings
shall be provided for tide restricted commercial vessels between 7 a.m.
and 8 a.m. and between 5 p.m. and 6 p.m., if at least a two-hour
advance notice is given by calling the number posted at the bridge. At
all other times the bridge shall open on signal if at least two-hour
advance notice is given.
* * * * *
Dated: September 19, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-21686 Filed 10-4-19; 8:45 am]
BILLING CODE 9110-04-P
