[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Rules and Regulations]
[Pages 70426-70428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27272]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0545]
RIN 1625-AA09


Drawbridge Operation Regulation; Niantic River, Niantic, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the S156 Bridge across the Niantic River, mile 0.1 at Niantic, 
CT. The bridge owner, the Connecticut Department of Transportation, 
submitted a request to allow six hours notice for night time transits 
during the months of November and April due to infrequent bridge 
openings. This final rule will approve the request and align the 
regulations for the S156 Bridge with other Connecticut Department of 
Transportation Bridges.

DATES: This rule is effective January 22, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0545 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, First Coast Guard District Bridge 
Management Specialist; telephone 617-223-8364, email 
Jeffrey.D.Stieb@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
CT DOT Connecticut Department of Transportation
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 Information and Regulatory History

    On August 20, 2019, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulation; Niantic River, 
Niantic, CT'' in the Federal Register (84 FR 43093). In the NPRM, 
incorrect clearances for the bridge were provided. The correct 
clearances are provided below in Section III. No comments were received 
in response to the NPRM and no comments were made concerning the more 
constrictive clearances in the NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 499. The S156 Bridge at mile 0.1 over the Niantic River at 
Niantic, Connecticut, has a vertical clearance of 32 feet at mean high 
water and 34 feet at mean low water. Vertical clearance is unlimited 
when the draw is open. Horizontal clearance is approximately 100 feet. 
Waterway users include recreational and small commercial vessels.
    The existing regulation, 33 CFR 117.215(b), requires that from 
December 1 through March 31, from 8 p.m. to 4 a.m., the draw shall open 
on signal if at least six hours notice is given. CT DOT requested that 
the start of the winter schedule begin one month sooner and end one 
month later than presently allowed by the regulation. This rule change 
will align the winter operation and staffing of the three CT DOT 
drawbridges located in the same operational area by extending the range 
of months during which six hours notice is required to include November 
and April. This rule change will allow for more efficient and economic 
operation of the bridge while meeting the reasonable needs of 
navigation.
    The bridge logs show that during the last three years only three 
requests to open occurred between 8 p.m. and 4 a.m. in November and no 
request to open were received between 8 p.m. and 4 a.m. in April. None 
of the requests were from commercial vessels. CT DOT and the Coast 
Guard conducted outreach to stakeholders with no objections received.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided 60 days for comment and no comments were 
received. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    The final rule provides that from November 1 through April 30, 
between the hours of 8:00 p.m. and 4:00 a.m., the draw shall open on 
signal if at least six hours notice is given. It is our opinion that 
the proposed rule meets the reasonable needs of marine traffic.

[[Page 70427]]

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that only 
three vessel transits would have been affected over the past three 
years. We believe that this change to the drawbridge operation 
regulation at 33 CFR 117.215(b) will meet the reasonable needs of 
navigation.

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 comment 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.
    The bridge will continue to open on signal with six hours notice 
between the hours of 8 p.m. and 4 a.m. during the months of November 
and April. Based on the last three years of records, an average of one 
vessel annually will be affected by the change. 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

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 and Environmental Planning 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). We have 
made a determination 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. This action is categorically excluded 
from further review, under paragraph L49, of Chapter 3, Table 3-1 of 
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for 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:

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 Department of 
Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  117.215(b) to read as follows:


Sec.  117.215  Niantic River.

* * * * *

[[Page 70428]]

    (b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall open 
on signal; except that, from 7 a.m. to 8 a.m., and 4 p.m. to 5 p.m., 
Monday through Friday, except holidays, the draw shall open only for 
the passage of commercial vessels. From November 1 through April 30, 
from 8 p.m. to 4 a.m., the draw shall open on signal if at least six 
hours notice is given by calling the number posted at the bridge.

    Dated: December 4, 2019.
R.W. Warren,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2019-27272 Filed 12-20-19; 8:45 am]
 BILLING CODE 9110-04-P


