Rule2022-24706
Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 14, 2022
Effective
November 14, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 218 (Monday, November 14, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24706]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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:
<a href="/cdn-cgi/l/email-protection#d49ea1b0adfa9ffa98b1a1bab3f98db1b194a1a7b7b3fab9bdb8"><span class="__cf_email__" data-cfemail="703a0514095e3b5e3c15051e175d29151530050313175e1d191c">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on November 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.