[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45419-45421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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operating regulation is no longer applicable or necessary.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