[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Rules and Regulations]
[Pages 23608-23610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11713]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-062]
RIN 2115-AE47


Drawbridge Operation Regulations: Hackensack River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Lincoln Highway Bridge, at mile 1.8, 
across the Hackensack River at Jersey City, New Jersey. This temporary 
final rule requires vessels to provide a one-hour daytime advance 
notice and a four-hour nighttime advance notice for bridge openings 
from May 8, 2001 through July 31, 2001. This action is necessary to 
facilitate completion of maintenance at the bridge.

DATES: This temporary final rule is effective from May 8, 2001 through 
July 31, 2001.

ADDRESSES: The public docket and all documents referred to in this 
notice are available for inspection or copying at the First Coast Guard 
District, Bridge Branch Office, 408 Atlantic Avenue, Boston, 
Massachusetts, 02110, 7 a.m. to 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Yee, Project Officer, First 
Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after publication in the Federal Register. This temporary rule 
will extend the time period the bridge will operate on an advance 
notice basis in order to complete maintenance repairs that were 
scheduled to be completed by May 7, 2001. The Coast

[[Page 23609]]

Guard published a temporary rule on March 13, 2001, (66 FR 14487) 
effective from March 13, 2001 through May 7, 2001, to facilitate 
necessary maintenance at the bridge. The scheduled repairs could not be 
performed as planned due to inclement weather conditions; therefore, 
additional time will be required to complete this work.
    The Coast Guard did not receive notification from the bridge owner, 
regarding the need to extend the maintenance period in time to provide 
30 days notice prior to this rule's effective date. This temporary rule 
will not close the bridge to marine traffic at any time. It will simply 
require mariners to provide advance notification for bridge openings.
    The Coast Guard discussed the advance notification periods with all 
known waterway users likely to be impacted by this change to the 
drawbridge operation regulations and no objections were received.
    Any delay encountered in this regulation's effective date would be 
unnecessary and contrary to the public interest since immediate action 
is needed in order to complete this necessary maintenance at the 
bridge.

Background

    The Lincoln Highway Bridge, at mile 1.8, across the Hackensack 
River has a vertical clearance of 35 feet at mean high water and 40 
feet at mean low water. The existing operating regulations require the 
bridge to open on signal at all times.
    The owner of the bridge, the New Jersey Department of 
Transportation (NJDOT), initially requested a temporary change to the 
operating regulations requiring advance notice for bridge openings from 
February 12, 2001 through May 7, 2001. The bridge owner was initially 
granted the above temporary final rule (66 FR 14487) effective from 
March 13, 2001 through May 7, 2001, in order to perform necessary 
maintenance at the bridge. Due to inclement weather the scheduled 
repairs will not be completed within the time period covered by the 
first temporary rule. The bridge owner has requested a second temporary 
regulation to be effective from May 8, 2001 through July 31, 2001; 
whereby, the bridge will operate as follows: from May 8, 2001 through 
July 31, 2001 the Lincoln Highway Bridge shall open on signal; except 
that, Monday through Thursday, 9 a.m. to 4 p.m., at least a one-hour 
advance notice for bridge openings is required and from 9 p.m. on 
Friday through 5 a.m. on Monday, at least a four-hour advance notice 
for bridge openings is required. Vessels that can pass under the 
bridges without openings may do so at all times. This temporary rule is 
necessary in order to complete the remaining maintenance repairs at the 
bridge.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040; February 26, 
1979). This conclusion is based on the fact that the bridge will 
continue to open at all times provided the advance notice is given.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. ``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 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. This conclusion is based on the fact that the bridge will 
continue to open on signal at all times provided the advance notice is 
given.

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).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found to not have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.


    2. From May 8, 2001 through July 31, 2001, Sec. 117.723 is 
temporarily amended by adding an new paragraph (i) to read as follows:


Sec. 117.723  Hackensack River

* * * * *
    (i) The Lincoln Highway Bridge, mile 1.8, shall open on signal; 
except that,

[[Page 23610]]

Monday through Thursday, 9 a.m. to 4 p.m., at least a one-hour advance 
notice for bridge openings is required and from 9 p.m. on Friday 
through 5 a.m. on Monday, at least a four-hour advance notice for 
bridge openings is required.

    Dated: April 30, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-11713 Filed 5-8-01; 8:45 am]
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