81_FR_19158 81 FR 19094 - Drawbridge Operation Regulation; Norwalk River, Norwalk, CT

81 FR 19094 - Drawbridge Operation Regulation; Norwalk River, Norwalk, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 64 (April 4, 2016)

Page Range19094-19097
FR Document2016-07662

The Coast Guard proposes to modify the operating schedule that governs the Metro-North WALK Bridge across the Norwalk River, mile 0.1, at Norwalk, Connecticut. The bridge owner submitted a request to require a greater advance notice for bridge openings and to increase time periods the bridge remains in the closed position during the weekday morning and evening rush hours. It is expected that this change to the regulations will create efficiency in drawbridge operations while continuing to meet the reasonable needs of navigation.

Federal Register, Volume 81 Issue 64 (Monday, April 4, 2016)
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Proposed Rules]
[Pages 19094-19097]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07662]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-1057]
RIN 1625-AA09


Drawbridge Operation Regulation; Norwalk River, Norwalk, CT

AGENCY: Coast Guard, DHS.

ACTION: Supplemental Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Metro-North WALK Bridge across the Norwalk River, mile 0.1, 
at Norwalk, Connecticut. The bridge owner submitted a request to 
require a greater advance notice for bridge openings and to increase 
time periods the bridge remains in the closed position during the 
weekday morning and evening rush hours. It is expected that this change 
to the regulations will create efficiency in drawbridge operations 
while continuing to meet the reasonable needs of navigation.

[[Page 19095]]


DATES: Comments and related material must reach the Coast Guard on or 
before May 4, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-1057 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
supplemental proposed rule, call or email Mr. Chris Bisignano, Project 
officer, First Coast Guard District, telephone 212-514-4331, email 
[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
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On August 31, 2015, we published a notice of proposed rulemaking 
(NPRM) entitled, Drawbridge Operation Regulation; Norwalk River, 
Norwalk, CT, in the Federal Register (80 FR 52423), soliciting comments 
on the proposed rule through October 30, 2015. In addition, Commander 
(dpb), First Coast Guard District published Public Notice 1-149 dated 
September 21, 2015. We received four submissions on the proposed rule, 
which will be addressed in Section III, below.
    The Metro-North WALK Bridge, mile 0.1, across the Norwalk River at 
Norwalk, Connecticut, has a vertical clearance in the closed position 
of 16 feet at mean high water and 23 feet at mean low water. The 
drawbridge operation regulations are listed at 33 CFR 117.217(b). The 
waterway users are seasonal recreational vessels and commercial vessels 
of various sizes.
    The owner of the bridge, Connecticut Department of Transportation 
(CDOT), requested a change to the Drawbridge Operation Regulations 
because the volume of train traffic across the bridge during the peak 
commuting hours makes bridge openings impractical under the current 
schedule. As a result, bridge openings that occur during peak commuter 
train hours cause significant delays to commuter rail traffic.
    The NPRM published in August 2015 would have permanently changed 
the operating hours during the Monday-Friday, excluding holidays, 
timeframes to operate as follows:
    (1) The draw shall open on signal between 4:30 a.m. and 9 p.m. 
after at least a two hour advance notice is given; except that, from 
4:30 a.m. through 9:30 a.m. and from 4 p.m. through 9 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. through 4:30 a.m. the draw shall open on signal 
after at least a four hour advance notice is given.
    In response to the comments received and after further review of 
bridge logs and train schedules, the Coast Guard now proposes to modify 
the NPRM by adjusting when the draw will be available to open Monday 
through Friday, excluding holidays as follows:
    (1) The draw shall open on signal between 4:30 a.m. and 9 p.m. 
after at least a two hour advance notice is given; except that, from 
5:45 a.m. through 9:45 a.m. and from 4 p.m. through 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. through 4:30 a.m. the draw shall open on signal 
after at least a four hour advance notice is given.

III. Discussion of Comments and Change

    We received four submissions commenting on the NPRM. Three 
submissions opposed and one submission supported the proposed changes. 
Some submissions commented on multiple aspects of the proposed 
regulation. The Coast Guard considered all comments and the responses 
from CDOT in creation of this supplemental alternative proposal.
    One comment suggested a meeting to deliberate the changes proposed 
in this rulemaking. The Coast Guard met with all parties that expressed 
interest in this rulemaking on May 11, 2015. The Coast Guard does not 
see a need to hold additional public meetings at this time.
    One comment requested that any modification to the existing rule 
should not be extended past the initiation of construction of a new 
replacement bridge. The Coast Guard disagrees. A replacement bridge is 
only in the planning stage at CDOT. Design and construction of a 
replacement project for a bridge of this scale typically takes several 
years. As the timeline of a potential bridge replacement is uncertain, 
the Coast Guard cannot consider it within this rulemaking.
    One comment suggested that any change in the operating regulations 
for the Metro-North WALK bridge should take into consideration the 
operating rule of the downstream SR136 (Washington Street) Bridge to 
facilitate the movement of waterborne commerce. The Coast Guard agrees 
that the operating schedule of the SR136 Bridge is relevant and 
considered the operating schedule for SR136 when drafting this 
supplemental rulemaking.
    One comment recommended that the Coast Guard consider revising the 
4:30 a.m. to 9:30 a.m. opening schedule, Monday through Friday, as only 
two trains cross the bridge from 9 a.m. to 9:30 a.m. In response to 
this comment, the Coast Guard expanded its analysis of train traffic 
densities; this analysis contributed to the adjustments made in this 
supplemental rule compared to the proposed rule. These adjustments 
shorten from five to four hours the a.m. and p.m. periods provided for 
in the ``except that'' language in paragraph (b)(1) of the regulation, 
but also shifts the a.m. period to end later in the day.
    Two commenters noted that the added restrictions to opening times 
of the bridge would negatively impact aggregate deliveries and require 
alternative deliveries by truck, thereby stressing the road system in 
the area. Even under the more restrictive test deviation conducted from 
January 1, 2015, to June 28, 2015, as discussed in the NPRM, Metro-
North was able to accommodate all of the requests for bridge openings. 
Further, review of the bridge logs revealed that in 2014, prior to the 
aforementioned test deviation and NPRM, as compared to 2015 during the 
test deviation and the NPRM, the difference in the number of requested 
bridge openings was negligible. The Coast Guard also reviewed tidal 
data for this area in consideration of the types of commercial traffic 
known to use this waterway. The combination of these factors 
contributed to the adjustments made in this supplemental rule compared 
to the proposed rule.
    The Coast Guard believes the supplemental changes balance the needs 
of rail and vessel traffic. The proposed changes enhance rail traffic 
without significantly affecting vessel traffic.
    In review of the proposed rule and stakeholder comments, the Coast 
Guard noted that the term ``emergency,'' as used within the existing 
and proposed regulation, was not specifically discussed. The term and 
associated required actions by the bridge owner are as defined within 
33 CFR 117.31. This proposed rule makes no changes to regulations under 
that section. However, the Coast Guard notes that there may be

[[Page 19096]]

instances in which emergent conditions beyond those explicitly listed 
therein could merit a special opening of the bridge for draft 
constrained vessels when tides and the bridge schedule interfere. For 
example, if the inventory of seasonally critical home heating oil or 
road salt at a facility upstream of the bridge that serves as the 
primary supply within the local area is or will soon be exhausted, and 
a commercial vessel transit to replenish inventory must occur during an 
allowed-closed period of the bridge, this condition may also reasonably 
be expected to require a special opening of the bridge to support 
public safety. In such cases, the Coast Guard expects that the bridge 
owner, and involved local municipality or commercial entity can make 
special arrangements as needed.

IV. Discussion of Proposed Rule

    Based on further review of bridge logs and scheduled train 
crossings, the Coast Guard now proposes to modify the NPRM, 
specifically changing the ``except that'' language in paragraph (b)(1) 
of the regulation as indicated above in Section II. This slight 
modification would better serve the freedom of navigation without 
significantly impacted rail traffic.

V. 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 and discuss First 
Amendment rights of protestors.

1. 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 proposed rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the proposed rule has not been reviewed by the 
Office of Management and Budget.
    This regulatory action determination is based on the fact that 
vessels can still transit the bridge given advanced notice. The 
vertical clearance under the bridge in the closed position is 
relatively high enough to accommodate most vessel traffic during the 
time periods the draw is closed during the morning and evening commuter 
rush hours.

2. 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 
proposed rule would 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 proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    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 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. 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.

3. 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.).

4. 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 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 above.

5. 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.

6. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.1D, 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 proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further review, 
under figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination 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 proposed rule.

7. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

[[Page 19097]]

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.

VI. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. In Sec.  117.217, revise paragraph (b) to read as follows:


Sec.  117.217  Norwalk River.

* * * * *
    (b) The draw of the Metro-North ``WALK'' Bridge, mile 0.1, at 
Norwalk, shall operate as follows:
    (1) The draw shall open on signal between 4:30 a.m. and 9 p.m. 
after at least a two hour advance notice is given; except that, from 
5:45 a.m. through 9:45 a.m. and from 4 p.m. through 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. through 4:30 a.m. the draw shall open on signal 
after at least a four hour advance notice is given.
    (3) A delay in opening the draw not to exceed 10 minutes may occur 
when a train scheduled to cross the bridge without stopping has entered 
the drawbridge lock.
    (4) Requests for bridge openings may be made by calling the bridge 
via marine radio VHF FM Channel 13 or the telephone number posted at 
the bridge.

    Dated: March 24, 2016.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-07662 Filed 4-1-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                    19094                     Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Proposed Rules

                                                    intermediaries that are currently                       § 1010.100        General definitions.                  PART 1023—RULES FOR BROKERS
                                                    registered with the SEC may choose to                   *      *    *     *     *                               OR DEALERS IN SECURITIES
                                                    register as brokers to act as                             (h) Broker or dealer in securities. A
                                                    intermediaries for transactions made in                                                                         ■ 4. The authority citation for part 1023
                                                                                                            broker or dealer in securities means:                   continues to read as follows:
                                                    reliance on section 4(a)(6). In addition,
                                                                                                              (1) A person registered, or required to
                                                    approximately 50 intermediaries per                                                                                Authority: 12 U.S.C. 1829b and 1951–
                                                                                                            be registered, as a broker or dealer with
                                                    year that are registered as brokers with                                                                        1959; 31 U.S.C. 5311–5314, 5316–5332; title
                                                                                                            the Securities and Exchange                             III, section 314, Pub. L. 107–56, 115 Stat. 307.
                                                    the SEC would choose to add to their
                                                                                                            Commission under the Securities
                                                    service offerings by also becoming                                                                              ■ 5. Amend § 1023.100 by revising
                                                                                                            Exchange Act of 1934 (15 U.S.C. 78a et
                                                    crowdfunding intermediaries or funding                                                                          paragraph (b) to read as follows:
                                                                                                            seq.), except persons who register
                                                    portals.
                                                                                                            pursuant to section 15(b)(11) of the                    § 1023.100   Definitions.
                                                    3. Estimated Average Annual Burden                      Securities Exchange Act of 1934 (15                     *      *    *     *    *
                                                    Hours Per Affected Financial                            U.S.C. 78o(b)(11)); or                                    (b) Broker or dealer in securities or
                                                    Institutions, Estimated Total Annual                      (2) A person registered, or required to               broker-dealer means:
                                                    Burden                                                  be registered, as a funding portal with                   (1) A person registered, or required to
                                                      As this is a new requirement, the                     the Securities and Exchange                             be registered, as a broker or dealer with
                                                    estimated average burden associated                     Commission under section 4(a)(6) of the                 the Securities and Exchange
                                                    with the recordkeeping requirement in                   Securities Act of 1933 (15 U.S.C.                       Commission under the Securities
                                                    this proposed rule is three hours for                   77d(a)(6));                                             Exchange Act of 1934 (15 U.S.C. 78a et
                                                    development of a written program. A                     *      *    *     *     *                               seq.), except persons who register
                                                    one hour per year burden is recognized                  ■ 3. Amend § 1010.605 by revising                       pursuant to section 15(b)(11) of the
                                                    for annual maintenance and update.                      paragraphs (e)(1)(viii) and (e)(2)(viii) to             Securities Exchange Act of 1934 (15
                                                    FinCEN believes funding portals would                   read as follows:                                        U.S.C. 78o(b)(11)); or
                                                    establish policies and procedures to                                                                              (2) A person registered, or required to
                                                    achieve compliance with the BSA                         § 1010.605        Definitions.                          be registered, as a funding portal with
                                                    requirements at the same time as it is                  *      *    *     *    *                                the Securities and Exchange
                                                    establishing policies and procedures to                   (e) * * *                                             Commission under section 4(a)(6) of the
                                                    comply with the JOBS Act. This would                                                                            Securities Act of 1933 (15 U.S.C.
                                                                                                              (1) * * *                                             77d(a)(6)).
                                                    reduce the overall burden on funding
                                                    portals as all issues concerning the                      (viii) A broker or dealer in securities
                                                                                                            means:                                                  Jennifer Shasky Calvery,
                                                    establishment of policies and                                                                                   Director, Financial Crimes Enforcement
                                                    procedures could be addressed                             (A) A person registered, or required to               Network.
                                                    simultaneously. Nevertheless, the                       be registered, as a broker or dealer with
                                                                                                                                                                    [FR Doc. 2016–07345 Filed 4–1–16; 8:45 am]
                                                    proposed rules would not impose any                     the Securities and Exchange
                                                                                                                                                                    BILLING CODE 4810–02–P
                                                    additional burden on funding portals to                 Commission under the Securities
                                                    those currently imposed on brokers or                   Exchange Act of 1934 (15 U.S.C. 78a et
                                                    dealers. Therefore, the burden on                       seq.), except persons who register
                                                                                                            pursuant to section 15(b)(11) of the                    DEPARTMENT OF HOMELAND
                                                    funding portals would be the same as
                                                                                                            Securities Exchange Act of 1934 (15                     SECURITY
                                                    the existing burden for broker-dealers,
                                                    and would be included within those                      U.S.C. 78o(b)(11)); or
                                                                                                                                                                    Coast Guard
                                                    estimates FinCEN provided to OMB for                      (B) A person registered, or required to
                                                    brokers or dealers.                                     be registered, as a funding portal with                 33 CFR Part 117
                                                                                                            the Securities and Exchange
                                                    List of Subjects in 31 CFR Parts 1010                                                                           [Docket No. USCG–2014–1057]
                                                                                                            Commission under section 4(a)(6) of the
                                                    and 1023
                                                                                                            Securities Act of 1933 (15 U.S.C.                       RIN 1625–AA09
                                                      Authority delegations (Government                     77d(a)(6));
                                                    agencies), Banks and banking, Currency,                 *      *    *     *    *                                Drawbridge Operation Regulation;
                                                    Investigations, Law enforcement,                                                                                Norwalk River, Norwalk, CT
                                                                                                              (2) * * *
                                                    Reporting and recordkeeping
                                                                                                              (viii) A broker or dealer in securities               AGENCY: Coast Guard, DHS.
                                                    requirements.
                                                                                                            means:                                                  ACTION:Supplemental Notice of
                                                    Authority and Issuance                                    (A) A person registered, or required to               proposed rulemaking.
                                                      For the reasons set forth in the                      be registered, as a broker or dealer with               SUMMARY:   The Coast Guard proposes to
                                                    preamble, parts 1010 and 1023 of                        the Securities and Exchange                             modify the operating schedule that
                                                    Chapter X of title 31 of the Code of                    Commission under the Securities                         governs the Metro-North WALK Bridge
                                                    Federal Regulations are proposed to be                  Exchange Act of 1934 (15 U.S.C. 78a et                  across the Norwalk River, mile 0.1, at
                                                    amended as follows:                                     seq.), except persons who register                      Norwalk, Connecticut. The bridge
                                                                                                            pursuant to section 15(b)(11) of the                    owner submitted a request to require a
                                                    PART 1010—GENERAL PROVISIONS                            Securities Exchange Act of 1934 (15                     greater advance notice for bridge
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                            U.S.C. 78o(b)(11)); or                                  openings and to increase time periods
                                                    ■ 1. The authority citation for part 1010                 (B) A person registered, or required to
                                                    continues to read as follows:                                                                                   the bridge remains in the closed
                                                                                                            be registered, as a funding portal with                 position during the weekday morning
                                                       Authority: 12 U.S.C. 1829b and 1951–                 the Securities and Exchange                             and evening rush hours. It is expected
                                                    1959; 31 U.S.C. 5311–5314, 5316–5332; title             Commission under section 4(a)(6) of the                 that this change to the regulations will
                                                    III, section 314, Pub. L. 107–56, 115 Stat. 307.        Securities Act of 1933 (15 U.S.C.                       create efficiency in drawbridge
                                                    ■ 2. Amend § 1010.100 by revising                       77d(a)(6)).                                             operations while continuing to meet the
                                                    paragraph (h) to read as follows:                       *      *    *     *    *                                reasonable needs of navigation.


                                               VerDate Sep<11>2014   18:23 Apr 01, 2016   Jkt 238001   PO 00000   Frm 00035    Fmt 4702   Sfmt 4702   E:\FR\FM\04APP1.SGM   04APP1


                                                                              Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Proposed Rules                                            19095

                                                    DATES:  Comments and related material                      The NPRM published in August 2015                      One comment suggested that any
                                                    must reach the Coast Guard on or before                 would have permanently changed the                     change in the operating regulations for
                                                    May 4, 2016.                                            operating hours during the Monday–                     the Metro-North WALK bridge should
                                                    ADDRESSES: You may submit comments                      Friday, excluding holidays, timeframes                 take into consideration the operating
                                                    identified by docket number USCG–                       to operate as follows:                                 rule of the downstream SR136
                                                    2014–1057 using Federal eRulemaking                        (1) The draw shall open on signal                   (Washington Street) Bridge to facilitate
                                                    Portal at http://www.regulations.gov.                   between 4:30 a.m. and 9 p.m. after at                  the movement of waterborne commerce.
                                                       See the ‘‘Public Participation and                   least a two hour advance notice is given;              The Coast Guard agrees that the
                                                    Request for Comments’’ portion of the                   except that, from 4:30 a.m. through 9:30               operating schedule of the SR136 Bridge
                                                    SUPPLEMENTARY INFORMATION section                       a.m. and from 4 p.m. through 9 p.m.,                   is relevant and considered the operating
                                                    below for instructions on submitting                    Monday through Friday excluding                        schedule for SR136 when drafting this
                                                    comments.                                               holidays, the draw need not open for the               supplemental rulemaking.
                                                                                                            passage of vessel traffic unless an                       One comment recommended that the
                                                    FOR FURTHER INFORMATION CONTACT: If
                                                                                                            emergency exists.                                      Coast Guard consider revising the 4:30
                                                    you have questions on this                                 (2) From 9 p.m. through 4:30 a.m. the               a.m. to 9:30 a.m. opening schedule,
                                                    supplemental proposed rule, call or                     draw shall open on signal after at least               Monday through Friday, as only two
                                                    email Mr. Chris Bisignano, Project                      a four hour advance notice is given.                   trains cross the bridge from 9 a.m. to
                                                    officer, First Coast Guard District,                       In response to the comments received                9:30 a.m. In response to this comment,
                                                    telephone 212–514–4331, email                           and after further review of bridge logs                the Coast Guard expanded its analysis of
                                                    Christopher.j.bisignano@uscg.mil.                       and train schedules, the Coast Guard                   train traffic densities; this analysis
                                                    SUPPLEMENTARY INFORMATION:                              now proposes to modify the NPRM by                     contributed to the adjustments made in
                                                    I. Table of Abbreviations                               adjusting when the draw will be                        this supplemental rule compared to the
                                                                                                            available to open Monday through                       proposed rule. These adjustments
                                                    CFR Code of Federal Regulations                         Friday, excluding holidays as follows:                 shorten from five to four hours the a.m.
                                                    DHS Department of Homeland Security                        (1) The draw shall open on signal                   and p.m. periods provided for in the
                                                    E.O. Executive order
                                                                                                            between 4:30 a.m. and 9 p.m. after at                  ‘‘except that’’ language in paragraph
                                                    FR Federal Register
                                                    NPRM Notice of proposed rulemaking                      least a two hour advance notice is given;              (b)(1) of the regulation, but also shifts
                                                    SNPRM Supplemental notice of proposed                   except that, from 5:45 a.m. through 9:45               the a.m. period to end later in the day.
                                                      rulemaking                                            a.m. and from 4 p.m. through 8 p.m.,                      Two commenters noted that the
                                                    Pub. L. Public Law                                      Monday through Friday excluding                        added restrictions to opening times of
                                                    § Section                                               holidays, the draw need not open for the               the bridge would negatively impact
                                                    U.S.C. United States Code                               passage of vessel traffic unless an                    aggregate deliveries and require
                                                                                                            emergency exists.                                      alternative deliveries by truck, thereby
                                                    II. Background, Purpose, and Legal
                                                                                                               (2) From 9 p.m. through 4:30 a.m. the               stressing the road system in the area.
                                                    Basis
                                                                                                            draw shall open on signal after at least               Even under the more restrictive test
                                                       On August 31, 2015, we published a                   a four hour advance notice is given.                   deviation conducted from January 1,
                                                    notice of proposed rulemaking (NPRM)                                                                           2015, to June 28, 2015, as discussed in
                                                    entitled, Drawbridge Operation                          III. Discussion of Comments and                        the NPRM, Metro-North was able to
                                                    Regulation; Norwalk River, Norwalk,                     Change                                                 accommodate all of the requests for
                                                    CT, in the Federal Register (80 FR                         We received four submissions                        bridge openings. Further, review of the
                                                    52423), soliciting comments on the                      commenting on the NPRM. Three                          bridge logs revealed that in 2014, prior
                                                    proposed rule through October 30, 2015.                 submissions opposed and one                            to the aforementioned test deviation and
                                                    In addition, Commander (dpb), First                     submission supported the proposed                      NPRM, as compared to 2015 during the
                                                    Coast Guard District published Public                   changes. Some submissions commented                    test deviation and the NPRM, the
                                                    Notice 1–149 dated September 21, 2015.                  on multiple aspects of the proposed                    difference in the number of requested
                                                    We received four submissions on the                     regulation. The Coast Guard considered                 bridge openings was negligible. The
                                                    proposed rule, which will be addressed                  all comments and the responses from                    Coast Guard also reviewed tidal data for
                                                    in Section III, below.                                  CDOT in creation of this supplemental                  this area in consideration of the types of
                                                       The Metro-North WALK Bridge, mile                    alternative proposal.                                  commercial traffic known to use this
                                                    0.1, across the Norwalk River at                           One comment suggested a meeting to                  waterway. The combination of these
                                                    Norwalk, Connecticut, has a vertical                    deliberate the changes proposed in this                factors contributed to the adjustments
                                                    clearance in the closed position of 16                  rulemaking. The Coast Guard met with                   made in this supplemental rule
                                                    feet at mean high water and 23 feet at                  all parties that expressed interest in this            compared to the proposed rule.
                                                    mean low water. The drawbridge                          rulemaking on May 11, 2015. The Coast                     The Coast Guard believes the
                                                    operation regulations are listed at 33                  Guard does not see a need to hold                      supplemental changes balance the needs
                                                    CFR 117.217(b). The waterway users are                  additional public meetings at this time.               of rail and vessel traffic. The proposed
                                                    seasonal recreational vessels and                          One comment requested that any                      changes enhance rail traffic without
                                                    commercial vessels of various sizes.                    modification to the existing rule should               significantly affecting vessel traffic.
                                                       The owner of the bridge, Connecticut                 not be extended past the initiation of                    In review of the proposed rule and
                                                    Department of Transportation (CDOT),                    construction of a new replacement                      stakeholder comments, the Coast Guard
                                                    requested a change to the Drawbridge                    bridge. The Coast Guard disagrees. A                   noted that the term ‘‘emergency,’’ as
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                                                    Operation Regulations because the                       replacement bridge is only in the                      used within the existing and proposed
                                                    volume of train traffic across the bridge               planning stage at CDOT. Design and                     regulation, was not specifically
                                                    during the peak commuting hours                         construction of a replacement project for              discussed. The term and associated
                                                    makes bridge openings impractical                       a bridge of this scale typically takes                 required actions by the bridge owner are
                                                    under the current schedule. As a result,                several years. As the timeline of a                    as defined within 33 CFR 117.31. This
                                                    bridge openings that occur during peak                  potential bridge replacement is                        proposed rule makes no changes to
                                                    commuter train hours cause significant                  uncertain, the Coast Guard cannot                      regulations under that section. However,
                                                    delays to commuter rail traffic.                        consider it within this rulemaking.                    the Coast Guard notes that there may be


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                                                    19096                     Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Proposed Rules

                                                    instances in which emergent conditions                  2. Impact on Small Entities                            federalism principles and preemption
                                                    beyond those explicitly listed therein                     The Regulatory Flexibility Act of 1980              requirements described in Executive
                                                    could merit a special opening of the                    (RFA), 5 U.S.C. 601–612, as amended,                   Order 13132.
                                                    bridge for draft constrained vessels                                                                              Also, this proposed rule does not have
                                                                                                            requires federal agencies to consider the
                                                    when tides and the bridge schedule                                                                             tribal implications under Executive
                                                                                                            potential impact of regulations on small
                                                    interfere. For example, if the inventory                                                                       Order 13175, Consultation and
                                                                                                            entities during rulemaking. The term
                                                    of seasonally critical home heating oil or                                                                     Coordination with Indian Tribal
                                                                                                            ‘‘small entities’’ comprises small
                                                    road salt at a facility upstream of the                                                                        Governments, because it would not have
                                                                                                            businesses, not-for-profit organizations
                                                    bridge that serves as the primary supply                                                                       a substantial direct effect on one or
                                                                                                            that are independently owned and
                                                    within the local area is or will soon be                                                                       more Indian tribes, on the relationship
                                                                                                            operated and are not dominant in their
                                                    exhausted, and a commercial vessel                                                                             between the Federal Government and
                                                                                                            fields, and governmental jurisdictions
                                                    transit to replenish inventory must                                                                            Indian tribes, or on the distribution of
                                                                                                            with populations of less than 50,000.
                                                    occur during an allowed-closed period                                                                          power and responsibilities between the
                                                                                                            The Coast Guard certifies under 5 U.S.C.
                                                    of the bridge, this condition may also                                                                         Federal Government and Indian tribes.
                                                                                                            605(b) that this proposed rule would not
                                                    reasonably be expected to require a                                                                            If you believe this proposed rule has
                                                                                                            have a significant economic impact on
                                                    special opening of the bridge to support                                                                       implications for federalism or Indian
                                                                                                            a substantial number of small entities.
                                                    public safety. In such cases, the Coast                                                                        tribes, please contact the person listed
                                                                                                            While some owners or operators of
                                                    Guard expects that the bridge owner,                                                                           in the FOR FURTHER INFORMATION
                                                                                                            vessels intending to transit the bridge
                                                    and involved local municipality or                                                                             CONTACT section above.
                                                                                                            may be small entities, for the reasons
                                                    commercial entity can make special
                                                                                                            stated in section V.A above, this                      5. Unfunded Mandates Reform Act
                                                    arrangements as needed.
                                                                                                            proposed rule would not have a                            The Unfunded Mandates Reform Act
                                                    IV. Discussion of Proposed Rule                         significant economic impact on any                     of 1995 (2 U.S.C. 1531–1538) requires
                                                       Based on further review of bridge logs               vessel owner or operator.                              Federal agencies to assess the effects of
                                                    and scheduled train crossings, the Coast                   If you think that your business,                    their discretionary regulatory actions. In
                                                    Guard now proposes to modify the                        organization, or governmental                          particular, the Act addresses actions
                                                    NPRM, specifically changing the                         jurisdiction qualifies as a small entity               that may result in the expenditure by a
                                                    ‘‘except that’’ language in paragraph                   and that this rule would have a                        State, local, or tribal government, in the
                                                    (b)(1) of the regulation as indicated                   significant economic impact on it,                     aggregate, or by the private sector of
                                                    above in Section II. This slight                        please submit a comment (see                           $100,000,000 (adjusted for inflation) or
                                                    modification would better serve the                     ADDRESSES) explaining why you think it                 more in any one year. Though this
                                                    freedom of navigation without                           qualifies and how and to what degree                   proposed rule will not result in such an
                                                    significantly impacted rail traffic.                    this rule would economically affect it.                expenditure, we do discuss the effects of
                                                                                                               Under section 213(a) of the Small                   this proposed rule elsewhere in this
                                                    V. Regulatory Analyses                                  Business Regulatory Enforcement                        preamble.
                                                       We developed this proposed rule after                Fairness Act of 1996 (Pub. L. 104–121),
                                                    considering numerous statutes and                       we want to assist small entities in                    6. Environment
                                                    Executive Orders related to rulemaking.                 understanding this proposed rule. If the                  We have analyzed this proposed rule
                                                    Below we summarize our analyses                         rule would affect your small business,                 under Department of Homeland
                                                    based on these statutes and Executive                   organization, or governmental                          Security Management Directive 023–01
                                                    Orders and discuss First Amendment                      jurisdiction and you have questions                    and Commandant Instruction
                                                    rights of protestors.                                   concerning its provisions or options for               M16475.1D, which guides the Coast
                                                                                                            compliance, please contact the person                  Guard in complying with the National
                                                    1. Regulatory Planning and Review                       listed in the FOR FURTHER INFORMATION                  Environmental Policy Act of 1969
                                                       Executive Orders 12866 and 13563                     CONTACT, above. The Coast Guard will                   (NEPA) (42 U.S.C. 4321–4370f), and
                                                    direct agencies to assess the costs and                 not retaliate against small entities that              have made a preliminary determination
                                                    benefits of available regulatory                        question or complain about this                        that this action is one of a category of
                                                    alternatives and, if regulation is                      proposed rule or any policy or action of               actions which do not individually or
                                                    necessary, to select regulatory                         the Coast Guard.                                       cumulatively have a significant effect on
                                                    approaches that maximize net benefits.                                                                         the human environment. This proposed
                                                    Executive Order 13563 emphasizes the                    3. Collection of Information
                                                                                                                                                                   rule simply promulgates the operating
                                                    importance of quantifying both costs                      This proposed rule would call for no                 regulations or procedures for
                                                    and benefits, of reducing costs, of                     new collection of information under the                drawbridges. Normally such actions are
                                                    harmonizing rules, and of promoting                     Paperwork Reduction Act of 1995 (44                    categorically excluded from further
                                                    flexibility. This proposed rule has not                 U.S.C. 3501–3520.).                                    review, under figure 2–1, paragraph
                                                    been designated a ‘‘significant                                                                                (32)(e), of the Instruction.
                                                                                                            4. Federalism and Indian Tribal
                                                    regulatory action,’’ under Executive                                                                              Under figure 2–1, paragraph (32)(e), of
                                                                                                            Government
                                                    Order 12866. Accordingly, the proposed                                                                         the Instruction, an environmental
                                                    rule has not been reviewed by the Office                   A rule has implications for federalism              analysis checklist and a categorical
                                                    of Management and Budget.                               under Executive Order 13132,                           exclusion determination are not
                                                       This regulatory action determination                 Federalism, if it has a substantial direct
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                                                                                                                                                                   required for this rule. We seek any
                                                    is based on the fact that vessels can still             effect on the States, on the relationship              comments or information that may lead
                                                    transit the bridge given advanced notice.               between the national government and                    to the discovery of a significant
                                                    The vertical clearance under the bridge                 the States, or on the distribution of                  environmental impact from this
                                                    in the closed position is relatively high               power and responsibilities among the                   proposed rule.
                                                    enough to accommodate most vessel                       various levels of government. We have
                                                    traffic during the time periods the draw                analyzed this proposed rule under that                 7. Protest Activities
                                                    is closed during the morning and                        Order and have determined that it is                      The Coast Guard respects the First
                                                    evening commuter rush hours.                            consistent with the fundamental                        Amendment rights of protesters.


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                                                                              Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Proposed Rules                                                  19097

                                                    Protesters are asked to contact the                     § 117.217    Norwalk River.                            Comments’’ portion of the
                                                    person listed in the FOR FURTHER                        *      *    *     *     *                              SUPPLEMENTARY INFORMATION    section for
                                                    INFORMATION CONTACT section to                             (b) The draw of the Metro-North                     further instructions on submitting
                                                    coordinate protest activities so that your              ‘‘WALK’’ Bridge, mile 0.1, at Norwalk,                 comments.
                                                    message can be received without                         shall operate as follows:
                                                    jeopardizing the safety or security of                                                                         FOR FURTHER INFORMATION CONTACT:    If
                                                                                                               (1) The draw shall open on signal
                                                    people, places or vessels.                                                                                     you have questions about this rule, call
                                                                                                            between 4:30 a.m. and 9 p.m. after at
                                                                                                                                                                   or email Mr. Edward G. LeBlanc, Chief
                                                    VI. Public Participation and Request for                least a two hour advance notice is given;
                                                                                                                                                                   of the Waterways Management Division
                                                    Comments                                                except that, from 5:45 a.m. through 9:45
                                                                                                                                                                   at Coast Guard Sector Southeastern New
                                                                                                            a.m. and from 4 p.m. through 8 p.m.,
                                                       We view public participation as                                                                             England, telephone 401–435–2351,
                                                                                                            Monday through Friday excluding
                                                    essential to effective rulemaking, and                                                                         email Edward.G.LeBlanc@uscg.mil.
                                                                                                            holidays, the draw need not open for the
                                                    will consider all comments and material                 passage of vessel traffic unless an                    SUPPLEMENTARY INFORMATION:     On
                                                    received during the comment period.                     emergency exists.                                      February 16, 2016, the Coast Guard
                                                    Your comment can help shape the                            (2) From 9 p.m. through 4:30 a.m. the               published the proposed rule ‘‘Safety
                                                    outcome of this rulemaking. If you                      draw shall open on signal after at least               Zone, Block Island Wind Farm’’ in the
                                                    submit a comment, please include the                    a four hour advance notice is given.                   Federal Register (81 FR 7718). The
                                                    docket number for this rulemaking,                         (3) A delay in opening the draw not                 Coast Guard proposes to establish a 500-
                                                    indicate the specific section of this                   to exceed 10 minutes may occur when                    yard safety zone around each of five
                                                    document to which each comment                                                                                 locations where the Block Island Wind
                                                                                                            a train scheduled to cross the bridge
                                                    applies, and provide a reason for each                                                                         Farm (BIWF) wind turbine generator
                                                                                                            without stopping has entered the
                                                    suggestion or recommendation.                                                                                  (WTG) towers, nacelles, blades and
                                                       We encourage you to submit                           drawbridge lock.
                                                                                                               (4) Requests for bridge openings may                subsea cables will be installed in the
                                                    comments through the Federal
                                                                                                            be made by calling the bridge via marine               navigable waters of the Rhode Island
                                                    eRulemaking Portal at http://
                                                                                                            radio VHF FM Channel 13 or the                         Sound, RI, from April 1 to October 31,
                                                    www.regulations.gov. If your material
                                                                                                            telephone number posted at the bridge.                 2016. These safety zones are intended to
                                                    cannot be submitted using http://
                                                                                                              Dated: March 24, 2016.
                                                                                                                                                                   safeguard mariners from the hazards
                                                    www.regulations.gov, contact the person
                                                                                                                                                                   associated with construction of the
                                                    in the FOR FURTHER INFORMATION                          L.L. Fagan,
                                                                                                                                                                   BIWF. Vessels would be prohibited from
                                                    CONTACT section of this document for                    Rear Admiral, U.S. Coast Guard, Commander,             entering into, transiting through,
                                                    alternate instructions.                                 First Coast Guard District.
                                                       We accept anonymous comments. All                                                                           mooring, or anchoring within these
                                                                                                            [FR Doc. 2016–07662 Filed 4–1–16; 8:45 am]
                                                    comments received will be posted                                                                               safety zones while construction vessels
                                                                                                            BILLING CODE 9110–04–P                                 and associated equipment are present at
                                                    without change to http://
                                                    www.regulations.gov and will include                                                                           any of the BIWF WTG sites, unless
                                                    any personal information you have                                                                              authorized by the Captain of the Port
                                                                                                            DEPARTMENT OF HOMELAND
                                                    provided. For more about privacy and                                                                           (COTP), Southeastern New England or
                                                                                                            SECURITY
                                                    the docket, you may review a Privacy                                                                           the COTP’s designated representative.
                                                    Act notice regarding the Federal Docket                 Coast Guard                                              The original deadline to submit
                                                    Management System in the March 24,                                                                             comments was March 17, 2016. This
                                                    2005, issue of the Federal Register (70                 33 CFR Part 165                                        action extends the deadline for 30 days.
                                                    FR 15086).                                                                                                     Written comments must now be
                                                                                                            [Docket No. USCG–2016–0026]                            received by April 17, 2016.
                                                       Documents mentioned in this notice,
                                                    and all public comments, are in our                     RIN 1625–AA00                                            Dated: March 22, 2016.
                                                    online docket at http://                                                                                       J.T. Kondratowicz,
                                                    www.regulations.gov and can be viewed                   Safety Zone, Block Island Wind Farm;
                                                                                                            Rhode Island Sound, RI                                 Captain, U.S. Coast Guard, Captain of the
                                                    by following that Web site’s                                                                                   Port Southeastern New England.
                                                    instructions. Additionally, if you go to                AGENCY:Coast Guard, DHS.                               [FR Doc. 2016–07659 Filed 4–1–16; 8:45 am]
                                                    the online docket and sign up for email
                                                    alerts, you will be notified when                             Proposed rule; reopening of
                                                                                                            ACTION:                                                BILLING CODE 9110–04–P

                                                    comments are posted or a final rule is                  comment period.
                                                    published.                                              SUMMARY:   The Coast Guard is extending
                                                    List of Subjects in 33 CFR Part 117                     the comment period for the proposed                    ENVIRONMENTAL PROTECTION
                                                                                                            safety zone. In response to public                     AGENCY
                                                      Bridges.
                                                                                                            requests, the Coast Guard is extending
                                                      For the reasons discussed in the                      the comment period until April 17,                     40 CFR Part 52
                                                    preamble, the Coast Guard proposes to                   2016.
                                                    amend 33 CFR part 117 as follows:                                                                              [EPA–R06–OAR–2015–0189; FRL–9944–42–
                                                                                                            DATES:  The comment period for the
                                                                                                            proposed rule published in the Federal                 Region 6]
                                                    PART 117—DRAWBRIDGE
                                                    OPERATION REGULATIONS                                   Register on February 16, 2016 (81 FR
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                                                                                                                                                                   Promulgation of Implementation Plans;
                                                                                                            7718) is reopened. Comments must be                    Arkansas; Regional Haze and
                                                    ■ 1. The authority citation for part 117                received on or before April 17, 2016.
                                                    continues to read as follows:                                                                                  Interstate Visibility Transport Federal
                                                                                                            ADDRESSES: You may submit comments                     Implementation Plan; Reopening of
                                                      Authority: 33 U.S.C. 499; 33 CFR 1.05–1;              identified by docket number USCG–                      Comment Period and Notice of
                                                    Department of Homeland Security Delegation              2016–0026 using the Federal e-                         Availability
                                                    No. 0170.1.                                             Rulemaking Portal at http://
                                                    ■ 2. In § 117.217, revise paragraph (b) to              www.regulations.gov. See the ‘‘Public                  AGENCY: Environmental Protection
                                                    read as follows:                                        Participation and Request for                          Agency (EPA).


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Document Created: 2016-04-02 03:53:01
Document Modified: 2016-04-02 03:53:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental Notice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before May 4, 2016.
ContactIf you have questions on this supplemental proposed rule, call or email Mr. Chris Bisignano, Project officer, First Coast Guard District, telephone 212-514-4331, email [email protected]
FR Citation81 FR 19094 
RIN Number1625-AA09

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