Federal Register - May 4, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Rules and Regulations immediately after the boat show. Our regulation for marine events within the Ninth Coast Guard District, 100.922, specifies the location of the regulated area for the Annual Les Cheneaux Islands Antique Wooden Boat Show which encompasses the waters of Marquette Bay, Hessel, MI. During the enforcement period, no vessel may transit this regulated area without approval from the Captain of the Port Sault Sainte Marie or a designated representative. Vessels and persons granted permission to enter the special local regulated area shall obey all lawful orders or directions of the Captain of the Port Sault Sainte Marie, or an on-scene representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.
This notice of enforcement is issued under authority of 33 CFR 100.922 and 5 U.S.C. 552a. In addition to this notification publishing in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via Broadcast Notice to Mariners.
Dated: April 28, 2021.
A.R. Jones, Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
FR Doc. 202109266 Filed 5321; 8:45 am BILLING CODE 911004P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
available in the docket, go to http
www.regulations.gov. Type USCG
20200603 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Ms. Judy Leung-Yee, First Coast Guard District, Project Officer, telephone 2125144336, email Judy.K.Leung-Yee@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations CFR Code of Federal Regulations NJDOT New Jersey Department of Transportation DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget NPRM Notice of Proposed Rulemaking Advance, Supplemental Section U.S.C. United States Code
II. Background Information and Regulatory History On November 19, 2020, the Coast Guard published a Notice of Proposed Rulemaking entitled Drawbridge Operation Regulation; Hackensack River, Jersey City, NJ in the Federal Register 85 FR 73667. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this regulatory change.
During the comment period that ended on January 19, 2021, we received no comments in response to the NPRM.
III. Legal Authority and Need for Rule
33 CFR Part 117
Docket No. USCG20200603
RIN 1625AA09
Drawbridge Operation Regulation;
Hackensack River, Jersey City, NJ
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
The Coast Guard is modifying the operating schedule that governs the Route 7 Bridge, across the Hackensack River, mile 3.1, at Jersey City, NJ. The bridge owner, New Jersey Department of Transportation NJDOT, submitted a request to allow the bridge to require four hours advance notice for bridge openings. This final rule would create efficiency in drawbridge operations and better serve the needs of the community while continuing to meet the reasonable needs of navigation.
DATES: This rule is effective June 3, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
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SUMMARY:
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The Coast Guard is issuing this rule under the authority of 33 U.S.C. 499.
The new Route 7 Bridge at mile 3.1
over the Hackensack River at Jersey City, New Jersey, is currently under construction and will have a vertical clearance of 70 feet at mean high water in the closed position and 135 feet at mean high water in the open position.
Horizontal clearance is approximately 158 feet. The existing Route 7 Bridge over the Hackensack River has a vertical clearance of 35 feet at mean high water in the closed position and 135 feet at mean high water in the open position.
Horizontal clearance is approximately 158 feet.
The waterway users include recreational and commercial vessels including tugboat/barge combinations.
The existing regulation, 33 CFR
117.723k published under Federal Register 85 FR 8747, effective April 19, 2020, requires the existing bridge open on signal; except that, from 11 p.m. to 7 a.m., the draw shall open on signal if at least two hours advance notice is
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given by calling the number posted at the bridge.
In August of 2020, the owner of the bridge, New Jersey Department of Transportation, requested a change to the drawbridge operation regulations to the new bridge. The owner anticipates a lower volume of bridge openings given that the new bridges vertical clearance in the closed position will be double the clearance of the existing bridge.
Under this rule, the new draw would open on signal when at least four hours advance notice is given by calling the number posted at the bridge. This rule change will allow for more efficient and economic operation of the bridge while meeting the reasonable needs of navigation. The Coast Guard is proposing this rulemaking under authority in 33 U.S.C. 499.
The bridge logs show that the Route 7 Bridge had 16 annual openings in 2018, 10 annual openings in 2019, and 6 annual openings in 2020 through 6/
19/2020.
IV. Discussion of Comments, Changes and the Final Rule The Coast Guard provided 60 days for comment regarding this rule and no comments in the docket were received.
There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.
The final rule provides that the Route 7 Bridge shall open on signal when at least four hours advance notice is given by calling the number posted at the bridge. It is the Coast Guards opinion that the rule meets the reasonable needs of marine traffic.
Both existing and new bridges will be operated under the current operating schedule until the existing bridge is demolished/removed at which point this final rule will take effect.
V. Regulatory Analyses The Coast Guard 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, and we discuss First Amendment rights of protesters.
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.
Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a significant regulatory action, under Executive
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