Rule2025-06394
Drawbridge Operation Regulation; Passaic River, Harrison, New Jersey
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
April 17, 2025
Effective
April 17, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is removing the existing drawbridge operation regulation for the AMTRAK Dock Railroad Bridge, mile 5.0 across the Passaic River, Harrison, New Jersey. On December 11, 2024, the U.S. Coast Guard issued a permit amendment for the AMTRAK Dock Bridge which authorized the conversion of the bridge from a movable bridge to a fixed bridge. The operating regulation for the bridge, is no longer applicable or necessary and will be removed from the CFR.
Full Text
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<title>Federal Register, Volume 90 Issue 73 (Thursday, April 17, 2025)</title>
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[Federal Register Volume 90, Number 73 (Thursday, April 17, 2025)]
[Rules and Regulations]
[Pages 16087-16088]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06394]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-1091]
RIN 1625-AA09
Drawbridge Operation Regulation; Passaic River, Harrison, New
Jersey
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the AMTRAK Dock Railroad Bridge, mile 5.0 across the
Passaic River, Harrison, New Jersey. On December 11, 2024, the U.S.
Coast Guard issued a permit amendment for the AMTRAK Dock Bridge which
authorized the conversion of the bridge from a movable bridge to a
fixed bridge. The operating regulation for the bridge, is no longer
applicable or necessary and will be removed from the CFR.
DATES: This rule is effective April 17, 2025.
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-2024-1091) 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. Donna. D. Leoce, Project Officer, First Coast Guard
District, telephone, (571) 513-2471, or email <a href="/cdn-cgi/l/email-protection#4f0b2021212e610b61032a202c2a0f3a3c2c2861222623"><span class="__cf_email__" data-cfemail="25614a4b4b440b610b69404a464065505646420b484c49">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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 ``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 Coast Guard
determined that the AMTRAK Dock Railroad Drawbridge meets the needs of
navigation on the Passaic River in the closed position and permitted it
as a fixed bridge on December 11, 2024. Therefore, the regulation under
33 CFR 117.739(e) is no longer applicable and shall be removed from
publication. It is unnecessary to publish an NPRM because this
regulatory action does not place any restrictions on the public or
mariners but rather removes a restriction that has no further use or
value. This rule will not have any effect on the waterway users or land
users of the bridge.
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 modification of the bridge
from a moveable to fixed bridge was authorized by the U.S. Coast Guard
on December 11, 2024, (Permit D01-4-24-1-Dock Bridge-Passaic River, New
Jersey) and renovations are currently taking place. The removal of the
regulation regarding an inapplicable operating schedule therefore will
have no effect on mariners currently operating on this waterway. This
rule merely requires an administrative change to the Federal Register,
in order to omit a regulatory requirement that is no longer applicable
or necessary. Therefore, a delayed effective date is unnecessary and
impracticable.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under 33 U.S.C. 499.
The purpose of this rule is to remove paragraph (e) of 33 CFR
117.739 that refers to the AMTRAK Dock Bridge at mile 5.0, from the
Code of Federal Regulations since it governs a bridge that will no
longer abiding by an operating schedule.
IV. Discussion of Final Rule
The Coast Guard is removing the regulation in 33 CFR 117.739(e)
related to the draw operations for this bridge because it is no longer
a drawbridge that opens. The change removes the section of the
regulation governing the AMTRAK Dock Railroad Bridge since the bridge
has been permitted as a fixed bridge that will remain in a closed
position. This Final Rule seeks to update the Code of Federal
Regulations by removing language that governs the operation of the
AMTRAK Dock Railroad Bridge, which no longer will be a drawbridge. This
regulatory change does not affect waterway or land traffic as the
permit regarding the conversion to a fixed bridge has already been
approved.
V. Regulatory Analyses
We developed the removal of this regulation/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.
Accordingly, it has not been reviewed by the Office of Management and
Budget (OMB).
This regulatory determination is based on the fact that the
moveable bridge has been permitted as a fixed bridge and can no longer
operate as a drawbridge. Removal of the operating schedule from 33 CFR
part 117, subpart B will have no effect on the movement of waterway or
land traffic.
[[Page 16088]]
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, 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; and DHS Delegation No.
00170.1, Revision No. 01.3.
Sec. 117.739 [Amended]
0
2. Amend Sec. 117.739 as follows:
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a. Remove paragraph (e);
0
b. Redesignate paragraphs (f) through (n) as (e) through (m),
respectively; and
0
c. Remove reserved paragraphs (o) through (s).
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2025-06394 Filed 4-16-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 17, 2025.
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