[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Proposed Rules]
[Pages 51623-51625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-20164]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0805]
RIN 1625-AA09
Drawbridge Operation Regulation; Newark Bay, Between the City of
Newark and City of Bayonne, 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 Lehigh Valley Drawbridge across Newark Bay, mile 4.6,
between the City of Newark and City of Bayonne, NJ. This proposed
change in the regulation will not alter the operating schedule of the
bridge but will allow the bridge to be remotely operated from the
Conrail North Jersey Dispatch Center in Mount Laurel, NJ. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 16, 2026.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0805 at https://www.regulations.gov.
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
[email protected].
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 Lehigh Valley Drawbridge across Newark Bay, between the City of
Newark and City of Bayonne, NJ, mile 4.6, owned and operated by
Conrail, has a vertical clearance of 35 feet above mean high water when
closed and 135 feet above mean high water when open.
The current operating schedule is published in 33 CFR 117.735 and
will not change with the implementation of remote operation of the
bridge. This proposed regulation will allow the bridge to be remotely
operated from the Conrail North Jersey Dispatch Center in Mount Laurel,
NJ. There are 28 daily train transits that cross the bridge and a daily
average of four bridge openings for vessel transits. The bridge is
normally maintained in the closed position due to the average daily
number of trains crossing the bridge. Newark Bay is a major commercial
waterway containing multiple waterfront facilities. However, most of
these facilities are well south (downstream) of the Lehigh Valley Lift
Bridge.
The Coast Guard is proposing to allow remote operations to improve
the efficiency of bridge openings. Currently the on-site bridge
operator must consult with the Conrail train dispatcher in Mount Laurel
NJ to obtain authorization to open the Lehigh Valley Drawbridge. This
process causes delays in authorizing the opening of the bridge, which
is a major causative factor in complaints the Coast Guard receives from
mariners regarding delayed openings. Remote operations will facilitate
direct communication between the mariner and the Conrail train
dispatcher, who has much better situational awareness of the multimodal
transportation picture.
This modification will also allow the Arthur Kill Railroad Bridge
and Hack Freight Railroad Bridge to be remotely operated from the
Conrail North Jersey Dispatch Center in Mount Laurel, NJ, instead of
being operated by the bridge tender at the Lehigh Valley Drawbridge.
The operating schedules for the Arthur Kill Railroad Bridge and Hack
Freight Railroad Bridge are published in 33 CFR 117.702 and 33 CFR
117.723, respectively. These regulations already authorize both bridges
to be remotely operated, and their schedules will not change as a
result of the implementation of remote operation of the Lehigh Valley
Drawbridge.
This NPRM is publishing simultaneously with a test deviation in the
Rules section of this issue of the Federal Register, under the same
name and docket number. Both documents can be found at https://www.regulations.gov and comments can be made to either document.
[[Page 51624]]
III. Discussion of Proposed Rule
This proposed operating regulation will allow the Lehigh Valley
Drawbridge 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, radiotelephone
on VHF-FM channels 13 and 16, and an AIS transmitter to provide bridge
status (LEHIGH VALLEY BRG-OPEN, LEHIGH VALLEY BRG-CLOSED, and LEHIGH
VALLEY BRG-INOP). The AIS transmitter will transmit the bridge status
every two minutes and upon a change in bridge status.
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 real-time bridge
status via AIS signal to aid mariners in voyage planning and
navigational decision making, a dedicated telephone line (856) 231-2301
for bridge operations, and push-to-talk (PTT) capability on VHF-FM
channels 13 and 16. Vessels that require an opening shall continue to
request an opening via the methods (sound or visual signals or radio
telephone (VHF-FM) voice 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 Lehigh Valley Drawbridge, Arthur
Kill Railroad Bridge, Hack Freight 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), (3) signals (communications) via
sound or visual signals or radio telephone (voice) via VHF-FM channels
13 or 16 become inoperative, or (4) AIS becomes 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 continue to transit the bridge per the operating schedule
defined in 33 CFR 117.735, (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
[[Page 51625]]
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 https://www.regulations.gov. To do so, go to https://www.regulations.gov, type
USCG-2025-0805 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
https://www.regulations.gov, 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 Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov 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 https://www.regulations.gov 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. 117.735 to read as follows:
Sec. 117.735 Newark Bay.
(a) The following requirements apply to all bridges across this
waterway:
(1) Public vessels of the United States, state or local vessels
used for public service, and vessels in distress shall be passed
through the draw without delay. The opening signal from these vessels
is four or more short blasts of a whistle or horn or a radio request.
(2) The owners of these bridges shall provide and keep in good
legible condition two board gages painted white with black figures not
less than 12 inches high to indicate the vertical clearance under the
closed draw at all stages of the tide. The gauges shall be so placed on
the bridge that they are plainly visible to operators of vessels
approaching the bridge either up or downstream.
(3) Trains and locomotives shall be controlled so that any delay in
opening the draw span shall not exceed five minutes. However, if a
train moving toward the bridge has crossed the home signal for the
bridge before the signal requesting opening of the bridge is given, the
train may continue across the bridge and must clear the bridge
interlocks before stopping.
(b) The draw of the Lehigh Valley Drawbridge, mile 4.6, between the
City of Newark and City of Bayonne, NJ, shall be operated from a remote
location at all times, except when it is tended locally.
(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. 2025-20164 Filed 11-17-25; 8:45 am]
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