[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Rules and Regulations]
[Pages 3961-3963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01605]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0750]
RIN 1625-AA09


Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Metro-North Peck Bridge across the Pequonnock River, mile 
0.3, at Bridgeport, Connecticut. The owner of the Bridge, Metro-North 
Railroad, submitted a request that vessels seeking an opening of the 
draw provide a minimum of four hours advance notice. It is expected 
this change to the regulations will better serve the needs of the 
community while satisfying the reasonable needs of navigation.

DATES: This rule is effective February 28, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0750. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeffrey Stieb, Project Officer, First Coast Guard 
District, telephone, 617-223-8364, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On October 10, 2017, we published a NPRM entitled ``Drawbridge 
Operation Regulation; Pequonnock River, Bridgeport, Connecticut,'' in 
the Federal Register (82 FR 46948). We received three comments on this 
rule that are discussed in Section IV.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Metro-North Peck Bridge, mile 0.3, across the Pequonnock River 
at Bridgeport, Connecticut, has a vertical clearance of 26 feet at Mean 
High Water and 32 feet at Mean Low Water when the span is in the closed 
position. Vertical clearance is 65 feet when draw is open. Horizontal 
clearance is 105 feet. Waterway users include recreational and a 
limited number of small commercial vessels. The drawbridge operating 
regulations are listed at 33 CFR 117.219(b).
    The bridge is a component of the Northeast Corridor, which supports 
Metro-North, Amtrak, and freight rail service. 211 Metro-North commuter 
trains alone cross the bridge daily. The owner of the bridge, the 
Metro-North Railroad, requested a change to require a minimum of four 
hours of advance notice to better facilitate the orderly flow of rail 
traffic while satisfying the reasonable needs of navigation. The Metro-
North Railroad also requested to increase the number of hours the 
bridge need not open, except for emergencies, from 2 hours and 40 
minutes to a total of 8 hours per day with exceptions for weekends, 
holidays, and emergencies, and to extend the allowable delay to an 
opening when a train is approaching the bridge from seven to fifteen 
minutes. Allowing the bridge owner to require such notice will allow 
for more efficient and economical operation of the bridge. The bridge 
has not received any requests for an opening in the past four years.
    The Coast Guard believes this change balances the needs of land-
based and marine traffic as it will enhance railroad traffic flow 
without significantly impacting vessel traffic.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received three comments in response to the NPRM. No 
changes in the regulatory text were made in response to the comments. 
One comment inquired whether the phone number for the bridge will be 
available other than by viewing the number posted as the bridge. Bridge 
openings can be requested by calling the Metro-North 24 hour Operations 
Control Center (OCC) at 212-340-2050. Metro-North will contact local 
waterway users directly to advise them of the number and the amended 
regulation.
    A second comment asked how the amended regulation will be 
communicated to the maritime community. Metro-North will contact local 
waterway users directly and the Coast Guard will publish notice of the 
amended regulation and the phone number for the bridge in the Coast 
Guard's Local Notice to Mariners.

[[Page 3962]]

    A third comment noted that, with exceptions for weekends, holidays 
and emergencies, the time that the bridge need not open daily, except 
for emergencies, has increased from 2 hours and 40 minutes to a total 
of 8 hours. This comment asked whether this increase will have any 
impact. The additional 5 hours and 20 minutes that the bridge need not 
open daily is not expected to have a significant impact. The bridge has 
not received any requests for an opening in the past four years and 
there are no businesses located upstream of the bridge hosting either 
vessels or barges that would need an opening of the draw as a routine 
matter. Metro-North will continue to fully maintain and open the bridge 
as needed to keep the bridge in operable condition.

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, and we 
discuss First Amendment rights of protesters.

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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard has determined this rule is not a significant 
regulatory action. There have been no requested openings for vessel for 
the past four years. The 26 foot vertical clearance available at Mean 
High Water when the bridge is in the closed position is sufficient to 
allow a majority of traffic to pass without an opening.

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 received no comments from the Small Business 
Administration on this rule. 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 rule will 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, 
above.
    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 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, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321-4370f), and have made a preliminary determination that this action 
is one of a category of actions which do not individually or 
cumulatively have a significant effect on the human environment. This 
rule simply promulgates the operating regulations or procedures for 
drawbridges. Normally such actions are categorically excluded from 
further review, under Table 1, L49 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A preliminary Record of Environmental Consideration 
and a Memorandum for the Record are not required for this rule. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

G. 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.

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:

[[Page 3963]]

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.


0
2. In Sec.  117.219, paragraph (b) is revised to read as follows:


Sec.  117.219   Pequonnock River.

* * * * *
    (b) The draw of the Metro-North Peck Bridge at mile 0.3, at 
Bridgeport shall operate as follows:
    (1) The draw shall open on signal between 5:45 a.m. to 9 p.m. if at 
least four hours advance notice is given; except that, from 5:45 a.m. 
to 9:45 a.m., and 4 p.m. to 8 p.m., Monday through Friday excluding 
holidays, the draw need not open for the passage of vessel traffic 
unless an emergency exists.
    (2) From 9 p.m. to 5:45 a.m., the draw shall open on signal if at 
least an eight hour notice is given.
    (3) A delay in opening the draw not to exceed 15 minutes may occur 
when a train scheduled to cross the bridge without stopping has entered 
the drawbridge block.
    (4) Requests for bridge openings may be made by calling the 
telephone number posted at the bridge.
* * * * *

    Dated: January 16, 2018.
S.D. Poulin,
Rear Admiral, U. S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2018-01605 Filed 1-26-18; 8:45 am]
 BILLING CODE 9110-04-P


