Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 71483 

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. 

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. 

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– 

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. 

(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 

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 Judy.K.LeungYee@uscg.mil. 

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 

§ Section 

U.S.C. United States Code 


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71484 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 

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 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 

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). 

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 


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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 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 Decisionmaking Portal at http://

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 http://

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 http://

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 

■ 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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: 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 


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