[Federal Register: June 26, 2002 (Volume 67, Number 123)]
[Rules and Regulations]               
[Page 42997-42999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn02-7]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-060]
RIN 2115-AE47

 
Drawbridge Operation Regulations: Passaic 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 Route 7 (Rutgers Street) Bridge, at mile 
8.9, across the Passaic River at Belleville, New Jersey. This rule 
allows the bridge to remain in the closed position from June 15, 2002 
through September 3, 2002. This action is necessary to facilitate 
structural work at the bridge.

DATES: This temporary final rule is effective from June 15, 2002 
through September 3, 2002.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket (CGD01-02-060) and are available for inspection or copying at 
the First Coast Guard District, Bridge Branch Office, 408 Atlantic 
Avenue, Boston, Massachusetts, 02110, 6:30 a.m. to 3

[[Page 42998]]

p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First 
Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard has determined that good cause exists under the 
Administrative Procedure Act (5 U.S.C. 553) for not publishing a NPRM 
with comment and for making this rule effective in less than thirty 
days after publication in the Federal Register. The Coast Guard 
believes notice and comment are unnecessary because the only vessel 
operator upstream from the bridge can pass under the bridge without a 
bridge opening. In view of the historic absence of bridge opening 
requests and the demonstrated need to complete structural work at the 
bridge, any delay encountered in this regulation's effective date would 
be unnecessary and contrary to the public interest.

Background

    The Route 7 (Rutgers Street) Bridge, at mile 8.9, across the 
Passaic River, has a vertical clearance of 8 feet at mean high water, 
and 13 feet at mean low water in the closed position. The existing 
drawbridge operating regulations are listed at 33 CFR 117.739(k) 
require the bridge to open on signal if at least four-hours notice is 
given.
    The Route 7 Bridge has been replaced with a new Route 7 Bridge 
located at the same alignment on the waterway and with the same 
vertical clearance as the old structure. The final phase of bridge 
construction involves installation of the roadway deck. During this 
installation the bridge will not be able to open for vessel traffic. 
Presently there is only one vessel operator upstream from this bridge 
and that vessel can pass under the bridge without a bridge opening.
    The bridge owner, New Jersey Department of Transportation, 
requested a temporary regulation to facilitate final structural work at 
the bridge. The Coast Guard believes this rule is reasonable because no 
vessel traffic will be precluded from transiting this bridge as a 
result of this bridge closure.

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 no known vessel 
traffic will be prevented from transiting the bridge as a result of 
this bridge closure.

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 no known vessels 
will be prevented from transiting this bridge as a result of this 
bridge closure.

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. 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

    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 the temporary final rule.

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 Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant

[[Page 42999]]

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 June 15, 2002 through September 3, 2002, Sec. 117.739 is 
temporarily amended by suspending paragraph (k) and adding a new 
paragraph (q) to read as follows:


Sec. 117.739  Passaic River

* * * * *
    (q) The draw of the Route 7 (Rutgers Street) Bridge, mile 8.9, need 
not open for the passage of vessel traffic from June 15, 2002 through 
September 3, 2002.

    Dated: May 31 2002.
J.L. Grenier,
Captain, U.S. Coast Guard Acting Commander, First Coast Guard District.
[FR Doc. 02-16130 Filed 6-25-02; 8:45 am]
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