Drawbridge Operation Regulation; Hackensack River, Little Snake Hill, NJ, 53350-53352 [2019-21686]

Download as PDF 53350 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. Public Availability of Comments 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 be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., CST on October 22, 2019. If 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 opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION 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: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 http://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Judy Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 514–4336, email 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 E:\FR\FM\07OCP1.SGM 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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 E:\FR\FM\07OCP1.SGM 07OCP1 53352 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 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, visit http:// 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 http://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 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. * * * * * PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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 E:\FR\FM\07OCP1.SGM 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 http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Judy Leung-Yee, Project Officer, First Coast Guard 
District, telephone (212) 514-4336, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
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 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, visit http://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 http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; 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