Rule2024-23769
Drawbridge Operation Regulation; Wappinger Creek, New Hamburg, New York
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 15, 2024
Effective
October 15, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is removing the existing drawbridge operation regulation for the Metro-North Commuter Railroad Bridge, mile 0.0 across the Wappinger Creek at New Hamburg, New York. In 1991, the Metro-North Railroad Bridge was allowed to no longer be maintained as a movable structure and in 2004, the bridge was converted to a fixed bridge. The operating regulation is no longer applicable or necessary.
Full Text
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<title>Federal Register, Volume 89 Issue 199 (Tuesday, October 15, 2024)</title>
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[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Rules and Regulations]
[Pages 82945-82947]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23769]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-0845]
RIN 1625-AA09
Drawbridge Operation Regulation; Wappinger Creek, New Hamburg,
New York
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Metro-North Commuter Railroad Bridge, mile 0.0
across the Wappinger Creek at New Hamburg, New York. In 1991, the
Metro-North Railroad Bridge was allowed to no longer be maintained as a
movable structure and in 2004, the bridge was converted to a fixed
bridge. The operating regulation is no longer applicable or necessary.
DATES: This rule is effective October 15, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number (USCG-2024-0845) 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 Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District, telephone 212-514-4336, email <a href="/cdn-cgi/l/email-protection#a1ebd4c5d88fea8fedc4d4cfc68cf8c4c4e1d4d2c2c68fccc8cd"><span class="__cf_email__" data-cfemail="3d77485944137613715848535a106458587d484e5e5a13505451">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations [Delete/Add Any Abbreviations Not Used/Used
in This Document]
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this final 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
[[Page 82946]]
``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 unnecessary. The Metro-North Railroad Bridge at
mile 0.0 across the Wappinger Creek was converted to a fixed bridge in
2004. Therefore, the regulation in Sec. 117.823 is no longer
applicable and will be removed.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been a fixed bridge
for 20 years and this rule merely removes a regulatory requirement that
is no longer applicable or necessary. The modification of the bridge
has already taken place and the removal of the regulation will not
affect mariners currently operating on this waterway. Therefore, a
delayed effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in Public
Law 102-241 and 33 U.S.C. 499.
Section 36 of the Coast Guard Authorization Act of 1991 (Pub. L.
102-241) determined that the Metro-North Railroad Bridge at mile 0.0
across the Wappinger Creek provided for the reasonable needs of
navigation in the closed to navigation position. As such, Public Law
102-241 declared that the bridge need not be maintained as a movable
structure and in 2004 was converted to a fixed bridge The governing
regulation for this drawbridge was never removed subsequent to the
completion of the fixed bridge that replaced it. The elimination of
this drawbridge necessitates the removal of the drawbridge operation
regulation in Sec. 117.813 that pertains to the former drawbridge.
IV. Discussion of Final Rule
The Coast Guard is removing and reserving the regulation in Sec.
117.813 related to the draw operations for this bridge because it is no
longer a drawbridge. The Metro-North Railroad Bridge has been replaced
with a fixed bridge. This change does not affect waterway or land
traffic.
V. Regulatory Analyses
We 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.
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 rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, it has not been reviewed by the Office of Management and
Budget (OMB).
This regulatory action determination is based on the fact that
under Public Law 102-241 SEC 36 the vertical clearance of the bridge in
the closed to navigation position was sufficient for waterway traffic.
Since the bridge no longer needed to open, it does not be maintained as
a movable structure. The bridge owner converted the bridge to a fixed
bridge and no longer operates as a drawbridge. The removal of the
operating schedule from 33 CFR part 117, subpart B will have no effect
on the movement of waterway or land traffic.
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
will 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 final rule would not have a significant economic impact on
any vessel owner or operator.
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.
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). 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 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
Management Directive 023-01, Rev.1, associated implementing
instructions,
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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 and is categorically excluded from further
review, under paragraph L49, of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
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
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1. Revision No. 01.3
Sec. 117.813 [Removed and Reserved]
0
2. Remove and reserve Sec. 117.813.
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-23769 Filed 10-11-24; 8:45 am]
BILLING CODE 9110-04-P
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