[Federal Register Volume 91, Number 106 (Wednesday, June 3, 2026)]
[Rules and Regulations]
[Pages 33073-33074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-11061]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2026-0632]
RIN 1625-AA09
Drawbridge Operation Regulation; Passaic River, Harrison, NJ
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Route 280 Bridge at mile 5.8 across the Passaic
River, Harrison, New Jersey. On April 29, 2026, the U.S. Coast Guard
issued a permit which authorized the conversion of the Route 280 Bridge
from a moveable bridge to a fixed bridge. The operating regulation for
the bridge is no longer applicable or necessary and will be removed
from the Code of Federal Regulations.
DATES: This rule is effective June 3, 2026.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2026-0632) 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 Ms. Donna D. Leoce, Bridge Management Specialist,
Northeast Coast Guard District, telephone (571) 613-2415, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this final rule under the authority in 5
U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because the Route 280
Bridge, mile 5.8 across the Passaic River, Harrison, NJ meets the needs
of navigation on the Passaic River in the closed position and permitted
it as a fixed bridge on April 29, 2026. Therefore, the regulation under
33 CFR 117.739(g) is no longer necessary or applicable and shall be
removed from publication. It is unnecessary to publish an NPRM because
this regulatory action does not purport to place any restrictions on
mariners but rather removes restrictions that have no further use or
value. This rule will not have any effect on the waterway users or land
users of the bridge.
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 modification of the bridge
from a moveable to fixed bridge was authorized by the U.S. Coast Guard
on April 29, 2026, and modifications are currently taking place. The
removal of the regulation regarding an inapplicable operating schedule
therefore will have no effect on mariners currently operating on this
waterway. This rule merely requires an administrative change to the
Federal Register, to omit a regulatory requirement that is no longer
applicable or necessary. Therefore, a delayed effective date is
unnecessary and impracticable.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The purpose of this rule is to remove the section of 33 CFR
117.739(g) that refers to the Route 280 Bridge at mile 5.8 across the
Passaic River, Harrison, New Jersey, from the Code of Federal
Regulations since it governs a bridge that will no longer abide by an
operating schedule.
IV. Discussion of Final Rule
The Coast Guard is removing the regulation in 33 CFR 117.739(g)
related to the draw operations for this bridge because it is no longer
a drawbridge that opens. The change removes the section of the
regulation governing the Route 280 Bridge since the bridge has been
permitted as a fixed bridge that will remain in a closed position. This
Final Rule seeks to update the Code of Federal Regulations by removing
language that governs the operation of the Route 280 Bridge, which no
longer will be a drawbridge. This regulatory change does not affect
waterway or land traffic as the permit regarding the conversion to a
fixed bridge has already been approved.
[[Page 33074]]
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 analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT above.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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 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. 01.4.
Sec. 117.739 [Amended]
0
2. Amend Sec. 117.739 as follows:
0
a. Remove paragraph (g); and
0
b. Redesignate paragraphs (h) through (l) as paragraphs (g) through
(k), respectively.
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, Northeast Coast Guard
District.
[FR Doc. 2026-11061 Filed 6-2-26; 8:45 am]
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