Rule2026-02690
Drawbridge Operation Regulation; Passaic River, Between the City of Newark and Town of Kearny, NJ
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
February 11, 2026
Effective
March 13, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is modifying 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 change in the regulation will allow the bridge to be remotely operated from the Conrail North Jersey Dispatch Center in Mount Laurel, NJ. This change will alter the operating schedule of the bridge to open on signal and no longer require a four-hour advance notice.
Full Text
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<title>Federal Register, Volume 91 Issue 28 (Wednesday, February 11, 2026)</title>
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[Federal Register Volume 91, Number 28 (Wednesday, February 11, 2026)]
[Rules and Regulations]
[Pages 6135-6137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02690]
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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: Final rule.
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SUMMARY: The Coast Guard is modifying 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 change
in the regulation will allow the bridge to be remotely operated from
the Conrail North Jersey Dispatch Center in Mount Laurel, NJ. This
change will alter the operating schedule of the bridge to open on
signal and no longer require a four-hour advance notice.
DATES: This rule is effective March 13, 2026.
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-2025-0999 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 Mr. Gregory P. Hitchen, Northeast Coast Guard District
(dpb), the Coast Guard; telephone 571-607-8154, email
<a href="/cdn-cgi/l/email-protection#793e0b1c1e160b0057295731100d1a111c17390c0a1a1e57141015"><span class="__cf_email__" data-cfemail="5d1a2f383a322f24730d731534293e3538331d282e3e3a73303431">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
[Delete/add any abbreviations not used/used in this document]
[[Page 6136]]
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 Information and Regulatory History
On December 1, 2025, the Coast Guard published a Notice of Proposed
Rulemaking entitled ``Drawbridge Operation Regulation: Passaic River,
Between the City of Newark and Town of Kearny, NJ'' in the Federal
Register (90 FR 55063). 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 December 31,
2025, we received one comment and that comment is addressed in Section
IV of this Final Rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
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 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.
This rule will 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.
IV. Discussion of Comments, Changes and the Final Rule
One comment was received that raised safety concerns regarding the
remote operation of movable bridges over navigable waterways. The
commenter urged the Coast Guard to work with the maritime industry,
bridge owners and operators, and other stakeholders as appropriate to
establish safety standards for remote controlled bridge operations.
In response to this comment, the Coast Guard amended the regulatory
text to codify existing requirements to locally operate the bridge if
the remote system malfunctions.
The bridge owner, Conrail, submitted a comprehensive remote
operation application in accordance with the Coast Guard's Bridge
Remote/Automated Operation Request Guide. The Request Guide was
developed to meet guidelines promulgated by the American Association of
State Highway and Transportation Officials, and the National Institute
of Standards and Technology, for remotely operated bridges. Both
Conrail and the Coast Guard conducted outreach to local stakeholders
regarding procedures and protocols for remote operations. Upon
reviewing remote operation application, the Coast Guard assessed that
the remote operation system is designed to provide equal or greater
capabilities compared to the on-site bridge tender, and that the remote
operation meets the reasonable needs for existing and prospective
navigation on the waterway.
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. 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 received no comments from the Small Business
Administration on this rule. 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 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.
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 will 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.
B. 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).
C. 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
[[Page 6137]]
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
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 rule will not result in
such an expenditure, we do discuss the effects of this 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 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. 1.04.
0
2. Revise 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.
(5) Whenever the remote-control system equipment is partially
disabled or fails for any reason, the bridge shall be physically tended
and operated by local control as soon as possible, but no more than 60
minutes after malfunction or disability of the remote system.
Mechanical bypass and override capability of the remote system shall be
provided and maintained.
* * * * *
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, Northeast Guard District.
[FR Doc. 2026-02690 Filed 2-10-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 11, 2026.
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.