Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ, 71483-71485 [2023-22855]
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
D. Federalism and Indian Tribal
Governments
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.
lotter on DSK11XQN23PROD with RULES1
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 (42
U.S.C. 4321–4370f), and have
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 involves a
special local regulation lasting only 4
hours that will prohibit entry to a
specific portion of the Bridgewater
Channel in Lake Havasu, AZ. It is
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
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15:56 Oct 16, 2023
Jkt 262001
Protesters are asked to call or email 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 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
71483
(3) The COTP will provide notice of
the regulated area through advanced
notice via Local Notice to Mariners.
(d) Enforcement period. This section
will be enforced from 7 a.m. to 11 a.m.
on October 21, 2023.
Dated: October 10, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2023–22884 Filed 10–16–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0794]
RIN 1625–AA09
1.
2. Add § 100.T11–134 to read as
follows:
■
§ 100.T11–134 12th Annual Bridgewater
Channel Underwater Cleanup, Lake Havasu,
Arizona.
(a) Regulated area. The regulations in
this section apply to the following area:
All navigable waters, from surface to
bottom, of the Bridgewater Channel in
Lake Havasu, AZ, starting at the London
Bridge, proceeding south through the
channel, and concluding at the southern
entrance of the channel.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port San Diego
(COTP) in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. All non-participants
are prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area described in
paragraph (a) of this section unless
authorized by the Captain of the Port
San Diego or their designated
representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative. They may be contacted
by telephone at 619–278–7033. Those in
the regulated area must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
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Drawbridge Operation Regulation;
Hackensack River, Jersey City, NJ
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
The Coast Guard is
temporarily modifying the operating
schedule that governs the PATH Bridge,
mile 3.0, across the Hackensack River, at
Jersey City, New Jersey. This action is
necessary to allow the bridge owner to
complete the remaining replacements
and repairs.
DATES: This temporary interim rule is
effective from 12:01 a.m. on October 17,
2023 through 11:59 p.m. on January 15,
2024. Comments and related material
must reach the Coast Guard on or before
November 16, 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–2023–0794) 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 rule, call or
email Judy Leung-Yee, Project Officer,
First Coast Guard District; telephone
212–514–4336, email Judy.K.LeungYee@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
§ Section
U.S.C. United States Code
E:\FR\FM\17OCR1.SGM
17OCR1
71484
lotter on DSK11XQN23PROD with RULES1
PATH
Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
Port Authority Trans-Hudson
II. Background, Information and
Regulatory History
The Coast Guard is issuing this
temporary interim 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. This bridge is opening
with 24 hours advance notice with one
bridge opening during morning and
evening rush hours; and will continue
to operate on this schedule through
January 15, 2024.
On March 22, 2023, April 6, 2023 and
June 28, 2023, the Coast Guard issued
General Deviations which allowed the
bridge owner, Port Authority TransHudson Corporation, to deviate from the
current operating schedule in 33 CFR
117.723(b) to conduct major motor and
control system repairs. Due to
unforeseen system complications, the
project has run past the end date of the
General Deviation, September 18, 2023.
The bridge cannot be brought back to
normal operating condition until the
completion of the motor and control
system. Therefore, there is insufficient
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 because the bridge is
currently incapable of normal
operations and will not be back into full
operation until the repairs to the control
system can be completed.
We are soliciting comments on this
rulemaking. If the Coast Guard
determines that changes to the
temporary interim rule are necessary,
we will publish a temporary final rule
or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
temporary interim rule under authority
in 33 U.S.C. 499. The Coast Guard is
modifying the operating schedule that
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15:56 Oct 16, 2023
Jkt 262001
governs the PATH Bridge across the
Hackensack River, mile 3.0, Jersey City,
New Jersey. The PATH Bridge has a
vertical clearance of 40 feet at mean
high water in the closed position and
135 feet when in the open position.
The existing drawbridge regulation,
33 CFR 117.723(b) states that the draw
of the PATH Bridge, mile 3.0, shall open
on signal if provided at least two-hours
advance notice. The draw need not open
for the passage of vessel traffic Monday
through Friday, from 6 a.m. to 10 a.m.
and from 4 p.m. to 8 p.m. Additional
bridge openings shall be provided for
commercial vessels from 6 a.m. to 7:20
a.m.; 9:20 a.m. to 10 a.m.; 4 p.m. to 4:30
p.m. and from 6:50 p.m. to 8 p.m.
provided at least two-hours advance
notice is given. Port Authority TransHudson Corporation, the bridge owner,
has requested the bridge open on signal
provided at least twenty-four (24)-hours
advance notice is given and will provide
one bridge opening in the morning and
evening rush hours for tide restricted
commercial vessels so they may
continue the construction project while
providing minimal impact on marine
traffic.
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 the
Hackensack River, mile 3.0 Jersey City,
New Jersey. The rule is necessary to
accommodate the completion of the
motor and control system replacement
until January 15, 2024. Vessels that can
transit under the bridge without an
opening may do so anytime.
V. Regulatory Analyses
We developed this temporary interim
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 temporary interim rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866, as amended by Executive
Order 14094 (Modernizing Regulatory
Review). Accordingly, the temporary
interim rule has not been reviewed by
the Office of Management and Budget
(OMB).
PO 00000
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Fmt 4700
Sfmt 4700
This regulatory action determination
is based on the ability that vessels can
still transit the bridge through the bridge
with advance notice as well as all
vessels that do not require an opening
may transit.
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 would 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
would not have a significant economic
impact on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment explaining
why you think it qualifies and how and
to what degree this rule would
economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this 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 section. 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
E:\FR\FM\17OCR1.SGM
17OCR1
Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
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 would 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.
lotter on DSK11XQN23PROD with RULES1
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. Normally,
such actions are 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.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
VerDate Sep<11>2014
15:56 Oct 16, 2023
Jkt 262001
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal Decisionmaking Portal at https://
www.regulations.gov. To do so, go to
https://www.regulations.gov, type
USCG–2023–0794 in the search box and
click ‘‘Search.’’ Next, look for this
document in the ‘‘Search Results’’
column, and click on it. Then click on
the ‘‘Comment’’ option. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
To view documents mentioned in this
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
‘‘Document Type’’ column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the rule. We may choose not to post offtopic, inappropriate, or duplicate
comments that we receive. Additionally,
if you click on the ‘‘Dockets’’ tab and
then the proposed rule, you should see
a ‘‘Subscribe’’ option for email alerts.
Selecting this option will enable
notifications when comments are
posted, or if/when a final rule is
published.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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;
DHS Delegation No. 00170.1. Revision 01.3
■
■
2. Amend § 117.723 by:
a. Staying paragraph (b); and
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Fmt 4700
Sfmt 4700
■
71485
b. Adding paragraph (l).
The addition reads as follows:
§ 117.723
Hackensack River.
*
*
*
*
*
(l)(1) 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 number posted at the bridge.
The draw need not open for the passage
of vessel traffic Monday through Friday,
except Federal holidays, from 6 a.m. to
10 a.m. and from 3 p.m. to 7 p.m.
(2) Additional bridge openings shall
be provided for tide restricted
commercial vessels from 6 a.m. to 7 a.m.
and from 6 p.m. to 7 p.m. provided at
least a twenty-four (24)-hour advance
notice is given by calling Port Authority
Trans-Hudson, John Burkhard at 201–
410–4260.
Dated: October 11, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2023–22855 Filed 10–16–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0761]
RIN 1625–AA00
Safety Zone; Mission Bay, San Diego,
CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of Mission Bay at the
Quivira Basin Entrance near San Diego,
California. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by the California
Department of Fish and Wildlife
(CDFW) Office of Spill Prevention and
Response (OSPR) Sensitive Site Strategy
Evaluation Program (SSSEP) boom
deployment exercise. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port, Sector San Diego.
DATES: This rule is effective from 9:30
a.m. to 11:30 a.m. on October 25, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0761 in the search box and click
SUMMARY:
E:\FR\FM\17OCR1.SGM
17OCR1
]]>Agencies
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71483-71485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22855]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0794]
RIN 1625-AA09
Drawbridge Operation Regulation; Hackensack River, Jersey City,
NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the PATH Bridge, mile 3.0, across the Hackensack
River, at Jersey City, New Jersey. This action is necessary to allow
the bridge owner to complete the remaining replacements and repairs.
DATES: This temporary interim rule is effective from 12:01 a.m. on
October 17, 2023 through 11:59 p.m. on January 15, 2024. Comments and
related material must reach the Coast Guard on or before November 16,
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-2023-0794) 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 rule,
call or email Judy Leung-Yee, Project Officer, First Coast Guard
District; telephone 212-514-4336, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
[[Page 71484]]
PATH Port Authority Trans-Hudson
II. Background, Information and Regulatory History
The Coast Guard is issuing this temporary interim 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. This bridge is opening with 24 hours advance notice with
one bridge opening during morning and evening rush hours; and will
continue to operate on this schedule through January 15, 2024.
On March 22, 2023, April 6, 2023 and June 28, 2023, the Coast Guard
issued General Deviations which allowed the bridge owner, Port
Authority Trans-Hudson Corporation, to deviate from the current
operating schedule in 33 CFR 117.723(b) to conduct major motor and
control system repairs. Due to unforeseen system complications, the
project has run past the end date of the General Deviation, September
18, 2023. The bridge cannot be brought back to normal operating
condition until the completion of the motor and control system.
Therefore, there is insufficient 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 because the bridge is currently incapable of normal
operations and will not be back into full operation until the repairs
to the control system can be completed.
We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The Coast Guard is modifying the operating
schedule that governs the PATH Bridge across the Hackensack River, mile
3.0, Jersey City, New Jersey. The PATH Bridge has a vertical clearance
of 40 feet at mean high water in the closed position and 135 feet when
in the open position.
The existing drawbridge regulation, 33 CFR 117.723(b) states that
the draw of the PATH Bridge, mile 3.0, shall open on signal if provided
at least two-hours advance notice. The draw need not open for the
passage of vessel traffic Monday through Friday, from 6 a.m. to 10 a.m.
and from 4 p.m. to 8 p.m. Additional bridge openings shall be provided
for commercial vessels from 6 a.m. to 7:20 a.m.; 9:20 a.m. to 10 a.m.;
4 p.m. to 4:30 p.m. and from 6:50 p.m. to 8 p.m. provided at least two-
hours advance notice is given. Port Authority Trans-Hudson Corporation,
the bridge owner, has requested the bridge open on signal provided at
least twenty-four (24)-hours advance notice is given and will provide
one bridge opening in the morning and evening rush hours for tide
restricted commercial vessels so they may continue the construction
project while providing minimal impact on marine traffic.
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 the Hackensack River, mile 3.0 Jersey City, New Jersey. The rule
is necessary to accommodate the completion of the motor and control
system replacement until January 15, 2024. Vessels that can transit
under the bridge without an opening may do so anytime.
V. Regulatory Analyses
We developed this temporary interim 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 temporary interim rule has not been designated a
``significant regulatory action,'' under Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the temporary interim rule 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 through the bridge with advance
notice as well as all vessels that do not require an opening may
transit.
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
would 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 would not have a significant economic impact on any
vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment explaining
why you think it qualifies and how and to what degree this rule would
economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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
section. 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
[[Page 71485]]
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 would 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. Normally, such actions are
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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal Decision-
making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2023-0794 in the search box and click
``Search.'' Next, look for this document in the ``Search Results''
column, and click on it. Then click on the ``Comment'' option. If your
material cannot be submitted using https://www.regulations.gov, contact
the person in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions.
To view documents mentioned in this rule as being available in the
docket, find the docket as described in the previous paragraph, and
then select ``Supporting & Related Material'' in the ``Document Type''
column. Public comments will also be placed in our online docket and
can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the rule. We may choose not to post off-topic, inappropriate,
or duplicate comments that we receive. Additionally, if you click on
the ``Dockets'' tab and then the proposed rule, you should see a
``Subscribe'' option for email alerts. Selecting this option will
enable notifications when comments are posted, or if/when a final rule
is published.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
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; DHS Delegation No.
00170.1. Revision 01.3
0
2. Amend Sec. 117.723 by:
0
a. Staying paragraph (b); and
0
b. Adding paragraph (l).
The addition reads as follows:
Sec. 117.723 Hackensack River.
* * * * *
(l)(1) 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 number posted at the bridge. The draw need
not open for the passage of vessel traffic Monday through Friday,
except Federal holidays, from 6 a.m. to 10 a.m. and from 3 p.m. to 7
p.m.
(2) Additional bridge openings shall be provided for tide
restricted commercial vessels from 6 a.m. to 7 a.m. and from 6 p.m. to
7 p.m. provided at least a twenty-four (24)-hour advance notice is
given by calling Port Authority Trans-Hudson, John Burkhard at 201-410-
4260.
Dated: October 11, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-22855 Filed 10-16-23; 8:45 am]
BILLING CODE 9110-04-P
