[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Rules and Regulations]
[Pages 58057-58059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19952]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-05-061]
RIN 1625-AA09


Drawbridge Operation Regulations: Hackensack River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations that govern the Amtrak Portal Bridge at mile 5.0, across 
the Hackensack River at Little Snake Hill, New Jersey. This final rule 
allows the bridge owner to expand the two time periods in the morning 
and in the afternoon, Monday through Friday, when the bridge may remain 
closed to vessel traffic.

DATES: This rule is effective November 4, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-05-061) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Bridge Administrator, 
First Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 29, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Hackensack River, New 
Jersey, in the Federal Register (70 FR 43812). We received 30 comment 
letters in response to the notice of proposed rulemaking. All 30 
comment letters were in favor of the proposed rulemaking. No public 
hearing was requested and none was held.

Background and Purpose

    The Amtrak Portal Bridge has a vertical clearance of 23 feet at 
mean high water and 28 feet at mean low water in the closed position. 
The existing operating regulations are listed at 33 CFR 117.723(c).
    The owner of the bridge, National Railroad Passenger Corporation 
(AMTRAK), requested a change to the drawbridge operation regulations 
that would expand the two time periods in the morning and afternoon, 
Monday through Friday, when the bridge may remain closed to vessel 
traffic.
    Rail traffic during the morning and afternoon commuter periods has 
increased over the past several years. Bridge openings during the two 
commuter time periods have caused delays to rail traffic prompting the 
bridge owner to request the expansion of the two bridge closure periods 
in the morning and afternoon Monday through Friday.
    The Coast Guard conducted two 90-day test deviations to help 
determine if the proposed drawbridge operation schedule changes would 
help facilitate

[[Page 58058]]

better rail traffic movement and not cause undue delays to vessel 
traffic.
    On February 26, 2004, the Coast Guard published a temporary 90-day 
deviation, with request for comment, (69 FR 8817) to test changes to 
the drawbridge operation regulations for the Amtrak Portal Bridge 
identical to those proposed in this final rule. That temporary 
deviation was in effect from March 1, 2004, through May 29, 2004. We 
received nine comment letters in response to the temporary deviation. 
All the comment letters were in favor of making the tested drawbridge 
operation schedule a permanent rule change.
    On November 23, 2004, we published a second 90-day deviation (69 FR 
68079) to test the same drawbridge operation schedule as above during 
the winter months of the year. The second test deviation was in effect 
from December 13, 2004 through March 12, 2005. We received eight 
comment letters in response to our second test deviation. All eight 
letters were in favor of making the proposed rule change permanent.
    The existing drawbridge operation regulations allow the bridge to 
remain closed to vessel traffic, Monday through Friday, from 7:20 a.m. 
to 9:20 a.m. and from 4:30 p.m. to 6:50 p.m., daily.
    Under this final rule the Amtrak Portal Bridge will not open for 
vessel traffic, Monday through Friday, from 6 a.m. to 10 a.m. and from 
4 p.m. to 8 p.m., daily. Additional bridge openings will be provided 
for commercial vessels from 6 a.m. to 7:20 a.m., from 9:20 a.m. to 10 
a.m., from 4 p.m. to 4:30 p.m. and from 6:50 p.m. to 8 p.m., if at 
least a one-hour advance notice is given by calling the number posted 
at the bridge.

Discussion of Comments and Changes

    The Coast Guard received 30 comment letters in response to the 
notice of proposed rulemaking. All 30 comment letters were in favor of 
the rulemaking. As a result, no changes have been made to this final 
rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    This conclusion is based on the fact that the expansion of the 
existing bridge closed periods were previously tested during two 90-day 
temporary deviations with favorable results. We received no objections 
from the marine operators that normally use this waterway during the 
two deviation test periods or in response to our notice of proposed 
rulemaking.

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. 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 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 expansion of the 
existing bridge closed periods were previously tested during two 90-day 
temporary deviations with favorable results. We received no objections 
from the marine operators that normally use this waterway during the 
two deviation test periods or in response to our notice of proposed 
rulemaking.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. No small 
entities requested Coast Guard assistance and none was given.
    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).

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 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.

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.

Indian Tribal Governments

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 58059]]

Significantly Affect Energy Supply, Distribution, or Use. We have 
determined that it is not a ``significant energy action'' under that 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866 and is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. The Administrator 
of the Office of Information and Regulatory Affairs has not designated 
it as a significant energy action. Therefore, it does not require a 
Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. It has been determined that this final 
rule does not significantly impact the environment.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out 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(g); Department of 
Homeland Security Delegation No. 0170.1; Sec.  117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Section 117.723 is amended by revising paragraph (c) to read as 
follows:


Sec.  117.723  Hackensack River.

* * * * *
    (c) Except as provided in paragraphs (a)(1) of this section, the 
draw of the Amtrak Portal Bridge, mile 5.0, at Little Snake Hill, 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 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., if at least a one-hour advance 
notice is given by calling the number posted at the bridge. At all 
other times the draw shall open on signal.
* * * * *

    Dated: September 25, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-19952 Filed 10-4-05; 8:45 am]
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