Drawbridge Operation Regulation; Hackensack River, Little Snake Hill, NJ, 8747-8749 [2020-02973]
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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 https://
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.
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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
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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.
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://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.
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: 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
