Proposed Rule2025-21670
Drawbridge Operation Regulation; Passaic River, Between the City of Newark and Town of Kearny, NJ
Primary source
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Published
December 1, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operating regulation that governs the Point No Point Railroad Bridge across the Passaic River, mile 2.6, between the City of Newark and Town of Kearny, NJ. The proposed change in the regulation will allow the bridge to be remotely operated from the Conrail North Jersey Dispatch Center in Mount Laurel, NJ. This proposed change will alter the operating schedule of the bridge to open on signal and no longer require a four-hour advance notice. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 228 (Monday, December 1, 2025)</title>
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[Federal Register Volume 90, Number 228 (Monday, December 1, 2025)]
[Proposed Rules]
[Pages 55063-55065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21670]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0999]
RIN 1625-AA09
Drawbridge Operation Regulation; Passaic River, Between the City
of Newark and Town of Kearny, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating regulation
that governs the Point No Point Railroad Bridge across the Passaic
River, mile 2.6, between the City of Newark and Town of Kearny, NJ. The
proposed change in the regulation will allow the bridge to be remotely
operated from the Conrail North Jersey Dispatch Center in Mount Laurel,
NJ. This proposed change will alter the operating schedule of the
bridge to open on signal and no longer require a four-hour advance
notice. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 31, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0999 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Gregory P. Hitchen, Northeast Coast Guard
District (dpb), the Coast Guard; telephone 571-607-8154, email
<a href="/cdn-cgi/l/email-protection#b0f7c2d5d7dfc2c99ee09ef8d9c4d3d8d5def0c5c3d3d79eddd9dc"><span class="__cf_email__" data-cfemail="abecd9ceccc4d9d285fb85e3c2dfc8c3cec5ebded8c8cc85c6c2c7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Point No Point Railroad Bridge across the Passaic River,
between the City of Newark and Town of Kearny, NJ, mile 2.6, owned and
operated by Conrail, has a vertical clearance of 20 feet above mean
high water when closed and is unlimited when open.
This proposed regulation will allow the bridge to be remotely
operated from the Conrail North Jersey Dispatch Center in Mount Laurel,
NJ. The current operating schedule is published in 33 CFR 117.739(c).
With the implementation of remote operation of the bridge, the
operating schedule will change to allow the bridge to open on signal
versus requiring a four-hour advance notice. There are 30 daily train
transits that cross the bridge and an average of one bridge opening
every six months for vessel transits. The bridge is normally maintained
in the closed position due to the average daily number of trains
crossing the bridge. The Passaic River has limited commercial and
recreational vessel traffic. Most commercial traffic supports marine
construction projects in the waterway.
The Coast Guard is proposing to allow remote operations to improve
the efficiency of bridge openings. Currently the Conrail train
dispatcher in Mount Laurel NJ must dispatch bridge operating personnel
to open the Point No Point Railroad Bridge. Remote operations will
allow the Conrail train dispatcher to open the bridge on signal.
The legal basis for this rulemaking is 33 U.S.C. 499.
III. Discussion of Proposed Rule
This proposed operating regulation will allow the Point No Point
Railroad Bridge to be operated remotely from the Conrail North Jersey
Dispatch Center in Mount Laurel, NJ. The remote operations system
includes eight camera views (four marine and four rail), marine radar,
sonar, automated integration system (AIS) sensors, integration
software, a dedicated phone line for bridge operations, and
radiotelephone communications on VHF-FM channels 13 and 16.
The remote operation system is designed to provide equal or greater
capabilities compared to the on-site bridge tender, in visibility of
the waterway and bridge, and in signals (communications) via sound and
visual signals and radio telephone (voice) via VHF-FM channels 13 and
16. The remote operation system also incorporates a dedicated telephone
line for bridge operations and push-to-talk (PTT) capability on VHF-FM
channels 13. Vessels that require an opening shall continue to request
an opening via the methods (sound or visual signals or radio telephone
(VHF-FM) voice
[[Page 55064]]
communications) as defined in 33 CFR 117.15(b) through (d), via
telephone at (856) 231-2301, or push-to-talk (PTT) on VHF-FM channel
13. Vessels may push the PTT button five times while on VHF-FM channel
13 and the North Jersey Dispatch Center will receive and respond to the
request and commence opening of the bridge.
The remote operation system will be considered failed and qualified
personnel will return and operate the Point No Point Railroad Bridge
within 60 minutes if any of the following conditions are found: (1) The
remote operation system becomes incapable of safely and effectively
operating the bridge from the remote operation center, (2) visibility
of the waterway or bridge is degraded to less than equal that of an on-
site bridge tender (all eight camera views are required), or (3)
signals (communications) via sound or visual signals or radio telephone
(voice) via VHF-FM channels 13 or 16 become inoperative.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders.
A. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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
proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. (1)
vessels will be able to obtain bridge openings on signal versus a four-
hour advance notice, (2) the remote operation system is designed to
provide equal or greater capabilities compared to the on-site bridge
tender, and (3) the bridge owner will be capable of restoring on-site
operation of the bridge within 60 minutes if the remote operation
system fails.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
B. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
C. Federalism and Indian Tribal Governments
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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
D. 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
E. 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 proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type
USCG-2025-0999 in the search box and click ``Search.'' Next, look for
this document in the Search Results column, and click on it. Then click
on the Comment option. If your material cannot be submitted using
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER
INFORMATION CONTACT section of this document for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the
[[Page 55065]]
Document Type column. Public comments will also be placed in our online
docket and can be viewed by following instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page. Also, if you
go to the online docket and sign up for email alerts through the
``Subscribe'' option, you will be notified when comments/updates are
posted, or a final rule is published.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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
0
2. Revise Sec. 117.739(c) to read as follows
Sec. 117.739 Passaic River.
* * * * *
(c) The draw of CONRAIL's Point-No-Point Railroad Bridge, mile 2.6,
between the City of Newark and the Town of Kearny, NJ, shall be
operated from a remote location at all times, except when it is tended
locally. The bridge shall open on signal once notice is given. After
the signal to open is given, the opening may be delayed no more than
ten minutes.
(1) Closed circuit television cameras shall be operated and
maintained at the bridge site to enable the remotely located bridge
tender to have a full view of both vessel traffic and the bridge.
(2) Radiotelephone Channel 13/16 VHF-FM shall be maintained and
utilized to facilitate communication in both remote and local control
locations. A push-to-talk (PTT) will be maintained on VHF-FM channel
13. Vessels may push the PTT button five times while on VHF-FM channel
13 and the remotely located bridge tender will receive and respond to
the request and commence opening of the bridge.
(3) The bridge shall also be equipped with directional microphones
and horns to receive and deliver signals to vessels.
(4) A telephone number will be maintained and posted for mariners
to directly contact the remotely located bridge tender.
* * * * *
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, Northeast Guard District.
[FR Doc. 2025-21670 Filed 11-28-25; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.