80 FR 45419 - Drawbridge Operation Regulation; Perth Amboy, New Jersey

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 146 (July 30, 2015)

Page Range		45419-45421
FR Document		2015-18772

The Coast Guard is removing the existing drawbridge operation regulation for the drawbridges at State Street Bridge, mile 0.5, and the Railroad Bridge, mile 0.6, across Woodbridge Creek at Perth Amboy, New Jersey. The State Street Bridge was replaced with a fixed bridge in 1992. The Railroad Bridge was converted to a fixed bridge in 1970. The operating regulation is no longer applicable or necessary.

Federal Register, Volume 80 Issue 146 (Thursday, July 30, 2015)

[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45419-45421]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18772]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0374]
RIN 1625-AA09


Drawbridge Operation Regulation; Perth Amboy, New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the drawbridges at State Street Bridge, mile 0.5, and 
the Railroad Bridge, mile 0.6, across Woodbridge Creek at Perth Amboy, 
New Jersey. The State Street Bridge was replaced with a fixed bridge in 
1992. The Railroad Bridge was converted to a fixed bridge in 1970. The 
operating regulation is no longer applicable or necessary.

DATES: This rule is effective July 30, 2015.

ADDRESSES: The docket for this final rule, [USCG-2015-0374] is 
available at http://www.regulations.gov. Type the docket number in the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this final rule. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Joe M. Arca, Project Officer, First Coast Guard 
District Bridge Branch, telephone 212-514-4336, email 
[email protected]. If you have questions on viewing the docket, call 
Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

A. Regulatory History and Information

    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

[[Page 45420]]

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 the State Street Bridge and the Railroad Bridge, that once 
required draw operations in 33 CFR 117.761, were replaced by fixed 
bridges in 1992 and 1970, respectively. Therefore, the regulation is no 
longer applicable and shall be removed. It is unnecessary to publish an 
NPRM because this regulatory action does not place any restrictions on 
mariners but rather removes a restriction that has no further use or 
value.
    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 bridges have been a fixed 
bridge for 23 and 45 years, respectively, and 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. The 
modifications have already taken place and the removal of these 
regulations will not affect mariners currently operating on this 
waterway. Therefore, a delayed effective date is unnecessary.

B. Basis and Purpose

    The State Street Bridge across Woodbridge Creek, mile 0.5, was 
removed and replaced in 1992 with a fixed bridge. The Railroad Bridge, 
mile 0.6, was converted to a fixed bridge in 1970. It has come to the 
attention of the Coast Guard that the governing regulation for these 
drawbridges were not removed subsequent to the replacement and 
conversion of these bridges. The elimination of these drawbridges 
necessitates the removal of the drawbridge operation regulation, 33 CFR 
117.761, pertaining to the former drawbridges.
    The purpose of this rule is to remove the paragraph of 33 CFR 
117.761 that refers to the State Street Bridge and the Railroad Bridge 
at mile 0.5 and mile 0.6, respectively, from the Code of Federal 
Regulations because it governs bridges that no longer open.

C. Discussion of Rule

    The Coast Guard is changing the regulation in 33 CFR 117.761 by 
removing restrictions and the regulatory burden related to the draw 
operations for these bridges that are no longer drawbridges. The change 
removes the section 117.761 of the regulation which governs the State 
Street Bridge and the Railroad Bridge. This Final Rule seeks to update 
the Code of Federal Regulations by removing language that governs the 
operation of the State Street Bridge and the Railroad Bridge, which are 
in fact no longer drawbridges. This change does not affect waterway or 
land traffic.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    The Coast Guard does not consider this rule to be ``significant'' 
under that Order because it is an administrative change and does not 
affect the way vessels operate on the waterway.

2. 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.
    This rule will have no effect on small entities since these 
drawbridges have been replaced, converted with fixed bridges and the 
regulation governing draw operations for these bridges is no longer 
applicable. There is no new restriction or regulation being imposed by 
this rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.

3. 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).

4. Federalism

    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 does not have implications for federalism.

5. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

6. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b) (2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments,

[[Page 45421]]

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.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 involves the removal of a drawbridge operation 
regulation that is no longer necessary. This rule is categorically 
excluded, under figure 2-1, paragraph (32) (e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not 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. 0170.1.


Sec.  117.761  [Removed]

0
2. Remove Sec.  117.761.

L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2015-18772 Filed 7-29-15; 8:45 am]
 BILLING CODE 9110-04-P

45420 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations

without prior notice and opportunity to governs the State Street Bridge and the 4. Federalism
comment when the agency for good Railroad Bridge. This Final Rule seeks A rule has implications for federalism
cause finds that those procedures are to update the Code of Federal under Executive Order 13132,
‘‘impracticable, unnecessary, or contrary Regulations by removing language that Federalism, if it has a substantial direct
to the public interest.’’ Under 5 U.S.C. governs the operation of the State Street effect on the States, on the relationship
553(b), the Coast Guard finds that good Bridge and the Railroad Bridge, which between the national government and
cause exists for not publishing a notice are in fact no longer drawbridges. This the States, or on the distribution of
of proposed rulemaking (NPRM) with change does not affect waterway or land power and responsibilities among the
respect to this rule because the State traffic. various levels of government. We have
Street Bridge and the Railroad Bridge, analyzed this rule under that Order and
that once required draw operations in D. Regulatory Analyses
have determined that it does not have
33 CFR 117.761, were replaced by fixed We developed this rule after implications for federalism.
bridges in 1992 and 1970, respectively. considering numerous statutes and
Therefore, the regulation is no longer executive orders related to rulemaking. 5. Protest Activities
applicable and shall be removed. It is Below we summarize our analyses The Coast Guard respects the First
unnecessary to publish an NPRM based on these statutes or executive Amendment rights of protesters.
because this regulatory action does not orders. Protesters are asked to contact the
place any restrictions on mariners but person listed in the FOR FURTHER
rather removes a restriction that has no 1. Regulatory Planning and Review
INFORMATION CONTACT section to
further use or value. coordinate protest activities so that your
Under 5 U.S.C. 553(d)(3), the Coast This rule is not a significant
regulatory action under section 3(f) of message can be received without
Guard finds that good cause exists for jeopardizing the safety or security of
making this rule effective in less than 30 Executive Order 12866, Regulatory
Planning and Review, as supplemented people, places or vessels.
days after publication in the Federal
Register. The bridges have been a fixed by Executive Order 13563, Improving 6. Unfunded Mandates Reform Act
bridge for 23 and 45 years, respectively, Regulation and Regulatory Review, and
does not require an assessment of The Unfunded Mandates Reform Act
and this rule merely requires an of 1995 (2 U.S.C. 1531–1538) requires
administrative change to the Federal potential costs and benefits under
section 6(a)(3) of Order 12866 or under Federal agencies to assess the effects of
Register, in order to omit a regulatory their discretionary regulatory actions. In
requirement that is no longer applicable section 1 of Executive Order 13563. The
Office of Management and Budget has particular, the Act addresses actions
or necessary. The modifications have that may result in the expenditure by a
already taken place and the removal of not reviewed it under those Orders.
State, local, or tribal government, in the
these regulations will not affect The Coast Guard does not consider aggregate, or by the private sector of
mariners currently operating on this this rule to be ‘‘significant’’ under that $100,000,000 (adjusted for inflation) or
waterway. Therefore, a delayed effective Order because it is an administrative more in any one year. Though this rule
date is unnecessary. change and does not affect the way will not result in such expenditure, we
vessels operate on the waterway. do discuss the effects of this rule
B. Basis and Purpose
2. Impact on Small Entities elsewhere in this preamble.
The State Street Bridge across
Woodbridge Creek, mile 0.5, was The Regulatory Flexibility Act of 1980 7. Taking of Private Property
removed and replaced in 1992 with a (RFA), 5 U.S.C. 601–612, as amended, This rule will not cause a taking of
fixed bridge. The Railroad Bridge, mile requires federal agencies to consider the private property or otherwise have
0.6, was converted to a fixed bridge in potential impact of regulations on small taking implications under Executive
1970. It has come to the attention of the entities during rulemaking. The term Order 12630, Governmental Actions and
Coast Guard that the governing ‘‘small entities’’ comprises small Interference with Constitutionally
regulation for these drawbridges were businesses, not-for-profit organizations Protected Property Rights.
not removed subsequent to the that are independently owned and
replacement and conversion of these 8. Civil Justice Reform
operated and are not dominant in their
bridges. The elimination of these fields, and governmental jurisdictions This rule meets applicable standards
drawbridges necessitates the removal of with populations of less than 50,000. in sections 3(a) and 3(b) (2) of Executive
the drawbridge operation regulation, 33 Order 12988, Civil Justice Reform, to
CFR 117.761, pertaining to the former This rule will have no effect on small
minimize litigation, eliminate
drawbridges. entities since these drawbridges have
ambiguity, and reduce burden.
The purpose of this rule is to remove been replaced, converted with fixed
the paragraph of 33 CFR 117.761 that bridges and the regulation governing 9. Protection of Children
refers to the State Street Bridge and the draw operations for these bridges is no We have analyzed this rule under
Railroad Bridge at mile 0.5 and mile 0.6, longer applicable. There is no new Executive Order 13045, Protection of
respectively, from the Code of Federal restriction or regulation being imposed Children from Environmental Health
Regulations because it governs bridges by this rule; therefore, the Coast Guard Risks and Safety Risks. This rule is not
that no longer open. certifies under 5 U.S.C. 605(b) that this an economically significant rule and
final rule will not have a significant does not create an environmental risk to
C. Discussion of Rule economic impact on a substantial health or risk to safety that might
The Coast Guard is changing the number of small entities. disproportionately affect children.
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regulation in 33 CFR 117.761 by 3. Collection of Information
removing restrictions and the regulatory 10. Indian Tribal Governments
burden related to the draw operations This rule calls for no new collection This rule does not have tribal
for these bridges that are no longer of information under the Paperwork implications under Executive Order
drawbridges. The change removes the Reduction Act of 1995 (44 U.S.C. 3501– 13175, Consultation and Coordination
section 117.761 of the regulation which 3520). with Indian Tribal Governments,

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Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations 45421

because it does not have a substantial DEPARTMENT OF EDUCATION Public Comment: In response to our
direct effect on one or more Indian invitation in the proposed waiver and
tribes, on the relationship between the 34 CFR Part 75 extension, one party submitted
Federal Government and Indian tribes, comments.
or on the distribution of power and Final Waiver and Extension of the Analysis of Comments and Changes:
responsibilities between the Federal Project Period; National Interpreter An analysis of the comments received in
Government and Indian tribes. Education Center for the Training of response to the proposed waiver and
Interpreters for Individuals Who Are extension and of any changes in the
11. Energy Effects Deaf or Hard of Hearing and waiver and extension since publication
This action is not a ‘‘significant Individuals Who Are Deaf-Blind of the proposed waiver and extension
energy action’’ under Executive Order [Catalog of Federal Domestic Assistance follows.
13211, Actions Concerning Regulations (CFDA) Number: 84.160B] Comment: One commenter supported
That Significantly Affect Energy Supply, extending the National Center’s project
AGENCY: Rehabilitation Services period for one year to avoid the loss of
Distribution, or Use.
Administration (RSA), Office of Special the invaluable assistance provided to
12. Technical Standards Education and Rehabilitative Services, the Regional Centers and the deaf
This rule does not use technical Department of Education. consumers whom they support.
standards. Therefore, we did not ACTION: Final waiver and extension of Discussion: We appreciate the
consider the use of voluntary consensus the project period. commenter’s support.
standards. Changes: None.
SUMMARY: The Secretary waives the
13. Environment requirements that generally prohibit Final Waiver and Extension
project periods exceeding five years and In the proposed waiver and extension,
We have analyzed this rule under
extensions of project periods involving we discuss the background and
Department of Homeland Security
the obligation of additional Federal purposes of the National Center and our
Management Directive 023–01 and
funds for a 60-month project initially reasons for proposing the waiver and
Commandant Instruction M16475.lD,
funded in fiscal year (FY) 2010. The extension. For the reasons discussed
which guides the Coast Guard in
Secretary also extends the project period there, we conclude that it would be
complying with the National
for this project for one year. This waiver contrary to the public interest to have a
Environmental Policy Act of 1969
and extension enables the currently lapse in the provision of the training
(NEPA) (42 U.S.C. 4321–4370f), and
funded National Interpreter Education currently provided by the National
have concluded that this action is one
Center for the training of interpreters for Center. Allowing funding to lapse before
of a category of actions that do not
individuals who are deaf or hard of a new interpreter education delivery
individually or cumulatively have a
hearing and individuals who are deaf- system can be implemented would leave
significant effect on the human
blind (National Center) to receive individuals who are deaf or hard of
environment. This rule involves the
funding through September 30, 2016. hearing and individuals who are deaf-
removal of a drawbridge operation
DATES: The extension of the project blind without necessary supports in the
regulation that is no longer necessary.
This rule is categorically excluded, period and waiver are effective July 30, event that critical needs arise.
under figure 2–1, paragraph (32) (e), of 2015. The Secretary waives the
the Instruction. FOR FURTHER INFORMATION CONTACT: requirements in 34 CFR 75.250, which
Under figure 2–1, paragraph (32)(e), of Kristen Rhinehart-Fernandez, U.S. prohibit project periods exceeding five
the Instruction, an environmental Department of Education, 400 Maryland years, and the requirements in 34 CFR
analysis checklist and a categorical Avenue SW., Room 5027, Potomac 75.261(c)(2), which limit the extension
exclusion determination are not Center Plaza, Washington, DC 20202– of a project period if the extension
required for this rule. 2800. Telephone: (202) 245–6103 or by involves the obligation of additional
email: Kristen.Rhinehart@ed.gov. Federal funds. This will allow the
List of Subjects in 33 CFR Part 117 If you use a telecommunications current National Center to request and
Bridges. device for the deaf or a text telephone, continue to receive Federal funding
call the Federal Relay Service, toll-free, through September 30, 2016. With this
For the reasons discussed in the
at 1–800–877–8339. waiver and extension of the project
preamble, the Coast Guard amends 33
CFR part 117 as follows: SUPPLEMENTARY INFORMATION: On April period, the National Center will be
17, 2015, the Department published a required to develop a plan to
PART 117—DRAWBRIDGE notice in the Federal Register (80 FR demonstrate how it will continue to
OPERATION REGULATIONS 21196) proposing an extension of carry out activities during the year of
project period and a waiver of 34 CFR the continuation award consistent with
■ 1. The authority citation for part 117 75.250 and 34 CFR 75.261(c)(2) the scope, goals, and objectives of the
continues to read as follows: (proposed waiver and extension) in grantee’s application as approved in the
Authority: 33 U.S.C. 499; 33 CFR 1.05–1; order to— 2010 competition. This plan must be
Department of Homeland Security Delegation (1) Enable the Secretary to provide submitted to RSA for review and
No. 0170.1. additional funds to the National Center approval by September 1, 2015.
for an additional 12-month period, from
§ 117.761 [Removed] Waiver of Delayed Effective Date
September 30, 2015, through September
30, 2016; and The Administrative Procedure Act
Lhorne on DSK7TPTVN1PROD with RULES

■ 2. Remove § 117.761.
(2) Invite comments on the proposed requires that a substantive rule must be
L.L. Fagan, waiver and extension. published at least 30 days before its
Rear Admiral, U.S. Coast Guard, Commander, There are no substantive differences effective date, except as otherwise
First Coast Guard District. between the proposed waiver and provided for good cause (5 U.S.C.
[FR Doc. 2015–18772 Filed 7–29–15; 8:45 am] extension and this final waiver and 553(d)(3)). We have not made any
BILLING CODE 9110–04–P extension. substantive changes to the proposed

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Document Created: 2018-02-23 09:29:48
Document Modified: 2018-02-23 09:29:48

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective July 30, 2015.
Contact		If you have questions on this rule, call or email Mr. Joe M. Arca, Project Officer, First Coast Guard District Bridge Branch, telephone 212-514-4336, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202- 366-9826.
FR Citation		80 FR 45419
RIN Number		1625-AA09

80 FR 45419 - Drawbridge Operation Regulation; Perth Amboy, New Jersey

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 146 (July 30, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard