Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ, 68049-68051 [2022-24706]
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Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
second full paragraph, the third line
from the bottom of the paragraph, the
language ‘‘(v)’’ is corrected to read
‘‘(vi)’’.
These corrections are effective
on November 14, 2022 and applicable
on or after October 12, 2022.
FOR FURTHER INFORMATION CONTACT:
Concerning the regulations, Dillon
Taylor at (202) 317–4137.
SUPPLEMENTARY INFORMATION:
DATES:
Oluwafunmilayo A. Taylor,
Branch Chief, Legal Processing Division,
Associate Chief Counsel, (Procedure and
Administration).
Background
The final regulations (TD 9967)
subject to this correction are issued
under section 42 of the Internal Revenue
Code.
khammond on DSKJM1Z7X2PROD with RULES
Correction of Publication
Accordingly, the final regulations (TD
9967) that are the subject of FR Doc.
2022–22070, appearing on page 61489
in the Federal Register on October 12,
2022, are corrected to read as follows:
1. On page 61489, in the third
column, in the thirteenth line from the
top of the column, the language
‘‘142(d)(6))’’ is corrected to read
‘‘142(d)(6)’’.
2. On page 61490, in the third
column, in the fourth and fifth lines
from the bottom of the column, the
language ‘‘market rate’’ is corrected to
read ‘‘market-rate’’.
3. On page 61492, in the first column,
the last line from the bottom of the
column, the language ‘‘IRS’’ is corrected
to read ‘‘the IRS’’.
4. On page 61492, in the third
column, in the last paragraph, the
seventh line from the top of the
paragraph, the language ‘‘appliable’’ is
corrected to read ‘‘applicable’’.
5. On page 61494, in the second
column, in the last paragraph, the
twelfth line from the bottom, the
language ‘‘42(c)(1)(c)(i)’’ is corrected to
read ‘‘42(c)(1)(i)(C)’’.
6. On page 61495, in the third
column, in the first full paragraph, in
the third line, the language ‘‘proposal
rule’’ is corrected to read ‘‘proposed
rule’’.
7. On page 61497, in the third
column, in the third full paragraph, in
the tenth line from the top of the
paragraph, the language ‘‘makes’’ is
corrected to read ‘‘make’’.
8. On page 61498, in the second
column, in the first full paragraph, in
the second and ninth lines from the top
of the paragraph, the language ‘‘IRS’’ is
corrected to read ‘‘the IRS’’.
9. On page 61500, in the second
column, under the caption ‘‘III.
Regulatory Flexibility Act’’, in the first
full paragraph, in the tenth line from the
bottom of the paragraph, the language
‘‘test)’’ is corrected to read ‘‘test’’.
10. On page 61500, in the second
column, under the caption ‘‘III.
Regulatory Flexibility Act’’, in the
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[FR Doc. 2022–24634 Filed 11–10–22; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0826]
RIN 1625–AA09
Drawbridge Operation Regulation;
Hackensack River, Jersey City, NJ
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
temporarily modifying the operating
schedule that governs the PATH Bridge
across the Hackensack River, mile 3.0, at
Jersey City, New Jersey. This action is
necessary to allow for an unexpected
delay in material delivery related to
COVID–19 pandemic. This temporary
final rule is necessary to allow the
bridge owner to complete the remaining
replacements and repairs.
DATES: This temporary final rule is
effective 12:01 a.m. on November 14,
2022, through 12:01 a.m. on March 23,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type the docket
number (USCG–2022–0806) in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’. In
the Document Type column, select
‘‘Supporting & Related Material’’.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Judy Leung-Yee,
Bridge Management Specialist, U.S.
Coast Guard; 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
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Pub. Law Public Law
§ Section
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
U.S.C.
68049
United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because it is
impracticable.
On March 24, 2022, the Coast Guard
issued a General Deviation for 180 days
which allowed the bridge owner to
deviate from the current operating
schedule in 33 CFR 117.732(b) to repair
the bridge. This deviation letter can be
found in this Docket as supporting
documentation. Due to delays in
procuring materials for replacement of
the bridge control system the project ran
past the allotted 180 days. The work
cannot stop and needs to continue in
order to bring the bridge back to normal
operation. Therefore, there is lack of
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the
modification.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making it effective in less than 30 days
after publication in the Federal
Register. For reasons presented above,
delaying the effective date of this rule
would be impracticable and contrary to
the public interest given the need to
complete repairs to the bridge which are
already underway and preventing full
operation.
III. Legal Authority and Need for the
Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. The
Coast Guard is modifying the operating
schedule that governs the PATH Bridge
across Hackensack River, mile 3.0, at
Jersey City, New Jersey. The PATH
Bridge is a vertical lift bridge offering
mariners a vertical clearance of 40 feet
at mean high water and 45 feet at mean
low water in the closed position.
The existing drawbridge regulations
are listed at 33 CFR 117.723(b). The Port
Authority Trans-Hudson Corporation,
the bridge owner, has requested this
modification as additional time is
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Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
required to complete replacement of
control system as described above.
The waterway is transited by seasonal
recreational traffic as well as
commercial vessels, largely tug and
barge combinations. The 40-foot vertical
clearance while the bridge is in the
closed position offers the bulk of
commercial traffic sufficient room to
transit under the bridge. Coordination
with known waterway users has
indicated no objection to the proposed
schedule of the draw. Vessels that can
pass under the bridge without an
opening may do so at all times. The
bridge will be able to open for
emergencies. There is no immediate
alternate route for vessels unable to pass
through the bridge when in the closed
position.
IV. Discussion of the Rule
The Coast Guard is issuing this rule,
which permits a temporary deviation
from the operating schedule that
governs the PATH Bridge across
Hackensack River, mile 3.0, at Jersey
City, New Jersey. The rule is necessary
to accommodate the completion of
replacement of control system. This rule
allows the bridge to open on signal
provided a minimum of twenty-four (24)
hours advance notice is given, and need
not open for the passage of vessel traffic
on weekdays Monday through Friday
from 6 a.m. to 10 a.m. and from 3 p.m.
to 7 p.m. from November 6, 2022, to
March 22, 2023.
khammond on DSKJM1Z7X2PROD with RULES
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.
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.
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).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advanced
notice.
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
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Jkt 259001
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 rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section 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.
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Fmt 4700
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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.
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
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
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). The Coast Guard has 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 and 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.
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
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. Amend § 117.723 as follows:
a. Stay paragraph (b).
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Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Rules and Regulations
■
b. Add paragraph (l).
The addition reads as follows:
§ 117.723
Hackensack River.
*
*
*
*
*
(l) The draw of the PATH Bridge, mile
3.0, at Jersey City, shall open on signal
provided at least a twenty-four (24) hour
advance notice is provided by calling
the U.S. Coast Guard Vessel Traffic
Service (VTS) at 718–514–4088 or Port
Authority Trans-Hudson, John
Burkhard, at 201–410–4260 to
coordinate a transit time that is
mutually acceptable for commercial
river users to pass under the bridge. The
draw need not open for the passage of
vessel traffic on weekdays Monday
through Friday, except Federal holidays,
from 6 a.m. to 10 a.m. and from 3 p.m.
to 7 p.m.
Dated: November 2, 2022.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2022–24706 Filed 11–10–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0929]
RIN 1625–AA87
Security Zones; Corpus Christi Ship
Channel, Corpus Christi, TX
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary, 500-yard
radius, moving security zone for a
certain vessel carrying Certain
Dangerous Cargoes (CDC) within the
Corpus Christi Ship Channel and La
Quinta Channel. The temporary security
zone is needed to protect the vessels,
the CDC cargo, and the surrounding
waterway from terrorist acts, sabotage,
or other subversive acts, accidents, or
other events of a similar nature. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Corpus Christi or a designated
representative.
DATES: This rule is effective from
November 14, 2022, until November 17,
2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Anthony
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:07 Nov 10, 2022
Jkt 259001
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus
Christi
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
security zone by November 14, 2022, to
ensure security of this vessel and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to provide for the security of the
vessel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Corpus
Christi (COTP) has determined that
potential hazards associated with the
transit of the Motor Vessel (M/V)
TENERGY when loaded will be a
security concern within a 500-yard
radius of the vessel. This rule is needed
to provide for the safety and security of
the vessels, their cargo, and surrounding
waterway from terrorist acts, sabotage or
other subversive acts, accidents, or other
events of a similar nature while they are
transiting within Corpus Christi, TX,
from November 14, 2022, through
November 17, 2022.
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Fmt 4700
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68051
IV. Discussion of the Rule
The Coast Guard is establishing four
500-yard radius temporary moving
security zones around M/V TENERGY.
The zone for the vessel will be enforced
from November 14, 2022, until
November 17, 2022. The duration of the
zone is intended to protect the vessel
and cargo and surrounding waterway
from terrorist acts, sabotage or other
subversive acts, accidents, or other
events of a similar nature. No vessel or
person will be permitted to enter the
security zone without obtaining
permission from the COTP or a
designated representative.
Entry into the security zone is
prohibited unless authorized by the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Corpus Christi. Persons or
vessels desiring to enter or pass through
each zone must request permission from
the COTP or a designated representative
on VHF–FM channel 16 or by telephone
at 361–939–0450. If permission is
granted, all persons and vessels shall
comply with the instructions of the
COTP or designated representative. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/
or Marine Safety Information Bulletins
(MSIBs) as appropriate for the
enforcement times and dates for each
security zone.
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 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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, duration, and
location of the security zone. This rule
will impact a small designated area of
500-yards around the moving vessel in
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]]>Agencies
[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Rules and Regulations]
[Pages 68049-68051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24706]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0826]
RIN 1625-AA09
Drawbridge Operation Regulation; Hackensack River, Jersey City,
NJ
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the PATH Bridge across the Hackensack River, mile
3.0, at Jersey City, New Jersey. This action is necessary to allow for
an unexpected delay in material delivery related to COVID-19 pandemic.
This temporary final rule is necessary to allow the bridge owner to
complete the remaining replacements and repairs.
DATES: This temporary final rule is effective 12:01 a.m. on November
14, 2022, through 12:01 a.m. on March 23, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2022-0806) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Judy Leung-Yee, Bridge Management
Specialist, U.S. Coast Guard; telephone: 212-514-4336, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Pub. Law Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable.
On March 24, 2022, the Coast Guard issued a General Deviation for
180 days which allowed the bridge owner to deviate from the current
operating schedule in 33 CFR 117.732(b) to repair the bridge. This
deviation letter can be found in this Docket as supporting
documentation. Due to delays in procuring materials for replacement of
the bridge control system the project ran past the allotted 180 days.
The work cannot stop and needs to continue in order to bring the bridge
back to normal operation. Therefore, there is lack of sufficient time
to provide a reasonable comment period and then consider those comments
before issuing the modification.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest given the need to complete repairs to the bridge which
are already underway and preventing full operation.
III. Legal Authority and Need for the Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Coast Guard is modifying the operating schedule that governs the
PATH Bridge across Hackensack River, mile 3.0, at Jersey City, New
Jersey. The PATH Bridge is a vertical lift bridge offering mariners a
vertical clearance of 40 feet at mean high water and 45 feet at mean
low water in the closed position.
The existing drawbridge regulations are listed at 33 CFR
117.723(b). The Port Authority Trans-Hudson Corporation, the bridge
owner, has requested this modification as additional time is
[[Page 68050]]
required to complete replacement of control system as described above.
The waterway is transited by seasonal recreational traffic as well
as commercial vessels, largely tug and barge combinations. The 40-foot
vertical clearance while the bridge is in the closed position offers
the bulk of commercial traffic sufficient room to transit under the
bridge. Coordination with known waterway users has indicated no
objection to the proposed schedule of the draw. Vessels that can pass
under the bridge without an opening may do so at all times. The bridge
will be able to open for emergencies. There is no immediate alternate
route for vessels unable to pass through the bridge when in the closed
position.
IV. Discussion of the Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs the PATH Bridge
across Hackensack River, mile 3.0, at Jersey City, New Jersey. The rule
is necessary to accommodate the completion of replacement of control
system. This rule allows the bridge to open on signal provided a
minimum of twenty-four (24) hours advance notice is given, and need not
open for the passage of vessel traffic on weekdays Monday through
Friday from 6 a.m. to 10 a.m. and from 3 p.m. to 7 p.m. from November
6, 2022, to March 22, 2023.
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.
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. 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).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.
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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section 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.
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
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy 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). The
Coast Guard has 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 and 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.
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. Amend Sec. 117.723 as follows:
0
a. Stay paragraph (b).
[[Page 68051]]
0
b. Add paragraph (l).
The addition reads as follows:
Sec. 117.723 Hackensack River.
* * * * *
(l) The draw of the PATH Bridge, mile 3.0, at Jersey City, shall
open on signal provided at least a twenty-four (24) hour advance notice
is provided by calling the U.S. Coast Guard Vessel Traffic Service
(VTS) at 718-514-4088 or Port Authority Trans-Hudson, John Burkhard, at
201-410-4260 to coordinate a transit time that is mutually acceptable
for commercial river users to pass under the bridge. The draw need not
open for the passage of vessel traffic on weekdays Monday through
Friday, except Federal holidays, from 6 a.m. to 10 a.m. and from 3 p.m.
to 7 p.m.
Dated: November 2, 2022.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2022-24706 Filed 11-10-22; 8:45 am]
BILLING CODE 9110-04-P
