[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Rules and Regulations]
[Pages 82945-82947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23769]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2024-0845]
RIN 1625-AA09


Drawbridge Operation Regulation; Wappinger Creek, New Hamburg, 
New York

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the Metro-North Commuter Railroad Bridge, mile 0.0 
across the Wappinger Creek at New Hamburg, New York. In 1991, the 
Metro-North Railroad Bridge was allowed to no longer be maintained as a 
movable structure and in 2004, the bridge was converted to a fixed 
bridge. The operating regulation is no longer applicable or necessary.

DATES: This rule is effective October 15, 2024.

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-2024-0845) 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. Judy Leung-Yee, Project Officer, First Coast Guard 
District, telephone 212-514-4336, email <a href="/cdn-cgi/l/email-protection#a1ebd4c5d88fea8fedc4d4cfc68cf8c4c4e1d4d2c2c68fccc8cd"><span class="__cf_email__" data-cfemail="3d77485944137613715848535a106458587d484e5e5a13505451">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations [Delete/Add Any Abbreviations Not Used/Used 
in This Document]

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are

[[Page 82946]]

``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 it is unnecessary. The Metro-North Railroad Bridge at 
mile 0.0 across the Wappinger Creek was converted to a fixed bridge in 
2004. Therefore, the regulation in Sec.  117.823 is no longer 
applicable and will be removed.
    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 bridge has been a fixed bridge 
for 20 years and this rule merely removes a regulatory requirement that 
is no longer applicable or necessary. The modification of the bridge 
has already taken place and the removal of the regulation will not 
affect mariners currently operating on this waterway. Therefore, a 
delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in Public 
Law 102-241 and 33 U.S.C. 499.
    Section 36 of the Coast Guard Authorization Act of 1991 (Pub. L. 
102-241) determined that the Metro-North Railroad Bridge at mile 0.0 
across the Wappinger Creek provided for the reasonable needs of 
navigation in the closed to navigation position. As such, Public Law 
102-241 declared that the bridge need not be maintained as a movable 
structure and in 2004 was converted to a fixed bridge The governing 
regulation for this drawbridge was never removed subsequent to the 
completion of the fixed bridge that replaced it. The elimination of 
this drawbridge necessitates the removal of the drawbridge operation 
regulation in Sec.  117.813 that pertains to the former drawbridge.

IV. Discussion of Final Rule

    The Coast Guard is removing and reserving the regulation in Sec.  
117.813 related to the draw operations for this bridge because it is no 
longer a drawbridge. The Metro-North Railroad Bridge has been replaced 
with a fixed bridge. This change does not affect waterway or land 
traffic.

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. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, it has not been reviewed by the Office of Management and 
Budget (OMB).
    This regulatory action determination is based on the fact that 
under Public Law 102-241 SEC 36 the vertical clearance of the bridge in 
the closed to navigation position was sufficient for waterway traffic. 
Since the bridge no longer needed to open, it does not be maintained as 
a movable structure. The bridge owner converted the bridge to a fixed 
bridge and no longer operates as a drawbridge. The removal of the 
operating schedule from 33 CFR part 117, subpart B will have no effect 
on the movement of waterway or land traffic.

B. 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. 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above this final rule would not have a significant economic impact on 
any vessel owner or operator.
    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 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.
    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.

C. 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).

D. 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev.1, associated implementing 
instructions,

[[Page 82947]]

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; Department of Homeland 
Security Delegation No. 00170.1. Revision No. 01.3


Sec.  117.813   [Removed and Reserved]

0
2. Remove and reserve Sec.  117.813.

M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-23769 Filed 10-11-24; 8:45 am]
BILLING CODE 9110-04-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>