Drawbridge Operation Regulation; Hackensack River, Little Snake Hill, NJ, 8747-8749 [2020-02973]

Download as PDF Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations DEPARTMENT OF THE TREASURY Office of Investment Security 31 CFR Parts 800 and 802 RIN 1505–AC63, 1505–AC64 Provisions Pertaining to Certain Investments in the United States by Foreign Persons and Provisions Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States; Correction Office of Investment Security, Department of the Treasury. ACTION: Final rule; technical corrections. AGENCY: On January 17, 2020, the Department of the Treasury published two final rules implementing provisions of section 721 of the Defense Production Act of 1950, as amended by the Foreign Investment Risk Review Modernization Act of 2018. This final rule makes a limited number of technical corrections to those rules to provide clarity. DATES: Effective February 13, 2020. FOR FURTHER INFORMATION CONTACT: Laura Black, Director of Investment Security Policy and International Relations; Meena R. Sharma, Deputy Director of Investment Security Policy and International Relations; David Shogren, Senior Policy Advisor; or Alexander Sevald, Senior Policy Advisor, at U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC 20220; telephone: (202) 622–3425; email: CFIUS.FIRRMA@ treasury.gov. SUPPLEMENTARY INFORMATION: This rule makes technical corrections to a limited number of provisions in 85 FR 3112 (January 17, 2020) and 85 FR 3158 (January 17, 2020). These changes are intended to improve the clarity of the rule. ■ In FR Doc. 2020–00188, appearing on page 3112 in the Federal Register on Friday, January 17, 2020, make the following corrections: SUMMARY: lotter on DSKBCFDHB2PROD with RULES § 800.219 [Corrected] 1. On page 3129, in the first column, in § 800.219, in paragraph (a)(3) introductory text, ‘‘A foreign entity that meets each of the following conditions with respect to itself and each of its parents (if any):’’ is corrected to read, ‘‘An entity that meets each of the following conditions with respect to itself and each of its parents (if any):’’. 2. On page 3129, in the first column, in § 800.219, paragraph (a)(3)(iv)(C) is corrected to read: ‘‘(C) An entity that is organized under the laws of an excepted foreign state or VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 in the United States and has its principal place of business in an excepted foreign state or in the United States; and’’ 3. On page 3129, in the first column, in § 800.219, paragraph (a)(3)(v)(D) is corrected to read: ‘‘(D) An entity that is organized under the laws of an excepted foreign state or in the United States and has its principal place of business in an excepted foreign state or in the United States.’’ § 800.401 [Corrected] 5. On page 3146, in the third column, in § 800.502, paragraph (c)(4)(i) is corrected to read: ‘‘(i) Possesses any licenses, permits, or other authorizations other than those under the regulatory authorities listed in paragraph (c)(3)(x)(A) of this section that have been granted by an agency of the U.S. Government (if applicable, identification of the relevant licenses shall be provided); or’’ 6. On page 3148, in the third column, in § 800.502, in paragraph (o), the third sentence is corrected to read: ‘‘(o) * * * The required description of the basis shall include discussion of all relevant information responsive to paragraphs (c)(5)(iii) through (v) of this section. * * *’’ In FR Doc. 2020–00187, appearing on page 3158 in the Federal Register on Friday, January 17, 2020, make the following corrections: § 802.215 [Corrected] 7. On page 3169, in the first column, in § 802.215, correct paragraph (a)(3) introductory text to read: ‘‘(3) An entity that meets each of the following conditions with respect to itself and each of its parents (if any):’’ 8. On page 3169, in the second column, in § 802.215, paragraph (a)(3)(iv)(C) is corrected to read: ‘‘(C) An entity that is organized under the laws of an excepted real estate foreign state or in the United States and has its principal place of business in an excepted real estate foreign state or in the United States; and’’ 9. On page 3169, in the second column, in § 802.215, paragraph (a)(3)(v)(D) is corrected to read: PO 00000 ‘‘(D) An entity that is organized under the laws of an excepted real estate foreign state or in the United States and has its principal place of business in an excepted real estate foreign state or in the United States.’’ Dated: February 6, 2020. Laura Black, Director, Office of Investment Security Policy and International Relations. [FR Doc. 2020–02713 Filed 2–13–20; 8:45 am] BILLING CODE 4810–25–P [Corrected] 4. On page 3140, in the third column, in § 800.401, correct paragraph (e)(4) by removing the word ‘‘or’’ following the semicolon and correct paragraph (e)(5) to read: ‘‘(5) A covered control transaction involving an air carrier, as defined in 49 U.S.C. 40102(a)(2), that holds a certificate issued under 49 U.S.C. 41102; or’’. § 800.502 8747 Frm 00031 Fmt 4700 Sfmt 4700 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 Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is modifying 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 to 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: This rule is effective March 19, 2020. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov. Type USCG– 2019–0086 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Ms. Judy Leung-Yee, First Coast Guard District, Project Officer, 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:\FR\FM\18FER1.SGM 18FER1 8748 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations FR Federal Register OMB Office of Management and Budget NPRM Notice of Proposed Rulemaking (Advance, Supplemental) § Section U.S.C. United States Code II. Background Information and Regulatory History On March 15, 2019, the Coast Guard also published a temporary deviation with a request for comments (84 FR 9459), to test a proposed schedule. Five comments were received during the test period and those comments were addressed in the aforementioned NPRM. On October 7, 2019, the Coast Guard published a notice of proposed rulemaking entitled ‘‘Drawbridge Operation Regulation; Hackensack River, Little Snake Hill, NJ,’’ in the Federal Register (84 FR 53350). In the NPRM, incorrect number of openings was provided. The correct number is provided below in Section III. We received three comments in response to the NPRM. lotter on DSKBCFDHB2PROD with RULES III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under the authority of 33 U.S.C. 499. The Amtrak Portal Bridge at mile 5.0 over 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 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 the NPRM, the Coast Guard mistakenly reported that there were VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 three requests to open from March 14, 2019 through July 12, 2019. There were actually only two requests to open during this period. advance notice is given. It is the Coast Guard’s opinion that this rule meets the reasonable needs of marine and rail traffic. IV. Discussion of Comments, Changes and the Final Rule The Coast Guard provided 60 days for comment regarding this rule and three comments in the docket were received, with one comment received after the December 6, 2019, closing date. Two of comments supported the rulemaking but recommended greater advance notice (24 & 48 hours, respectively), increasing each peak commuting hour time periods by one hour and completely banning bridge openings during these commuter time periods. A third commenter recommended a four-hour advance notice for tide-restricted vessels. In addition, one commenter recommended changing the language from ‘‘need not open’’ to ‘‘shall not open.’’ The Coast Guard disagrees with these suggestions. As a result of the aforementioned reach out to maritime stakeholders, and in agreement with Amtrak, all concerned agreed a two-hour advance notice would be sufficient time for the bridge owner to assemble a team of technicians for the scheduled opening and address any mechanical and electrical issues that might arise. There is active commercial and recreational traffic on this waterway with the bridge logs indicating two requests to open from October 7, 2019, through December 6, 2019, during the NPRM comment period; therefore any permanent closure of the bridge is not an option. If the word ‘‘need’’ be replaced with ‘‘shall,’’ this would make passage prohibitive, due to the safety of navigation for vessels affected by tide influence and the permissibility of emergency vessels or vessels in an emergency situation (33 CFR 117.31) to pass. One commenter recommended permanently leaving the bridge closed with an agreement by Amtrak to replace it with a new fixed bridge with a vertical clearance of 25 feet. A Coast Guard Bridge Permit was issued to Amtrak approving a new fixed bridge with 50ft of vertical clearance. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. The final rule provides 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 V. Regulatory Analyses PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protesters. 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 rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it 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. 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 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 received no comment from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations 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 two-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 V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 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. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. lotter on DSKBCFDHB2PROD with RULES C. Collection of Information This rule calls 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 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 rule does not have tribal implications under Executive Order VerDate Sep<11>2014 16:30 Feb 14, 2020 Jkt 250001 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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 rule has implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f) andhave determined 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 rule promulgates the operating regulations or procedures for drawbridges. 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. Neither a Record of Environmental Consideration nor a Memorandum for the Record are required for this 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. List of Subjects in 33 CFR Part 117 Bridges. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 8749 For the reasons discussed in the preamble, the Coast Guard amends 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; and Department of Homeland Security 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. * * * * * Dated: January 30, 2020. A.J. Tiongson, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2020–02973 Filed 2–14–20; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2019–0462; FRL–10005– 28–Region 4] Air Plan Approval; Georgia: Revisions to Cross-State Air Pollution Rule Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) of the Department of Natural Resources, via a letter dated July 31, 2018. Specifically, EPA is approving typographical changes to Georgia’s SIP-approved regulations regarding its Cross-State Air Pollution Rule (CSAPR) state trading programs. This action is being approved pursuant to the Clean Air Act (CAA or Act) and its implementing regulations. SUMMARY: E:\FR\FM\18FER1.SGM 18FER1

Agencies

[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Rules and Regulations]
[Pages 8747-8749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02973]


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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: Final rule.

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

SUMMARY: The Coast Guard is modifying 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 to 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: This rule is effective March 19, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0086 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security

[[Page 8748]]

FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 15, 2019, the Coast Guard also published a temporary 
deviation with a request for comments (84 FR 9459), to test a proposed 
schedule. Five comments were received during the test period and those 
comments were addressed in the aforementioned NPRM.
    On October 7, 2019, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulation; Hackensack 
River, Little Snake Hill, NJ,'' in the Federal Register (84 FR 53350). 
In the NPRM, incorrect number of openings was provided. The correct 
number is provided below in Section III. We received three comments in 
response to the NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 499. The Amtrak Portal Bridge at mile 5.0 over 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 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 the NPRM, the Coast Guard mistakenly reported that there were 
three requests to open from March 14, 2019 through July 12, 2019. There 
were actually only two requests to open during this period.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided 60 days for comment regarding this rule 
and three comments in the docket were received, with one comment 
received after the December 6, 2019, closing date. Two of comments 
supported the rulemaking but recommended greater advance notice (24 & 
48 hours, respectively), increasing each peak commuting hour time 
periods by one hour and completely banning bridge openings during these 
commuter time periods. A third commenter recommended a four-hour 
advance notice for tide-restricted vessels. In addition, one commenter 
recommended changing the language from ``need not open'' to ``shall not 
open.'' The Coast Guard disagrees with these suggestions. As a result 
of the aforementioned reach out to maritime stakeholders, and in 
agreement with Amtrak, all concerned agreed a two-hour advance notice 
would be sufficient time for the bridge owner to assemble a team of 
technicians for the scheduled opening and address any mechanical and 
electrical issues that might arise. There is active commercial and 
recreational traffic on this waterway with the bridge logs indicating 
two requests to open from October 7, 2019, through December 6, 2019, 
during the NPRM comment period; therefore any permanent closure of the 
bridge is not an option. If the word ``need'' be replaced with 
``shall,'' this would make passage prohibitive, due to the safety of 
navigation for vessels affected by tide influence and the 
permissibility of emergency vessels or vessels in an emergency 
situation (33 CFR 117.31) to pass. One commenter recommended 
permanently leaving the bridge closed with an agreement by Amtrak to 
replace it with a new fixed bridge with a vertical clearance of 25 
feet. A Coast Guard Bridge Permit was issued to Amtrak approving a new 
fixed bridge with 50ft of vertical clearance.
    There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    The final rule provides 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it 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.
    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 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 received no comment from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact

[[Page 8749]]

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 two-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 V.A above, this rule 
will not have a significant economic impact on any vessel owner or 
operator.
    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 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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 rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(NEPA)(42 U.S.C. 4321-4370f) andhave determined 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 rule promulgates 
the operating regulations or procedures for drawbridges. 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.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this 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.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
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; and Department of 
Homeland Security Delegation No. 0170.1.

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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: January 30, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-02973 Filed 2-14-20; 8:45 am]
 BILLING CODE 9110-04-P