81_FR_45153 81 FR 45020 - Drawbridge Operation Regulation; Norwalk River, Norwalk, CT

81 FR 45020 - Drawbridge Operation Regulation; Norwalk River, Norwalk, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 133 (July 12, 2016)

Page Range45020-45022
FR Document2016-16226

The Coast Guard is modifying 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 133 (Tuesday, July 12, 2016)
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45020-45022]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16226]


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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: Final rule.

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

SUMMARY: The Coast Guard is modifying 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.

DATES: This rule is effective August 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type ``USCG-
2014-1057'' 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. Christopher J. Bisignano, Supervisory Bridge 
Management Specialist, First Coast Guard District, Coast Guard; 
telephone (212) 514-4331 or 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 Information and Regulatory History

    The Coast Guard twice published a notice of proposed rulemaking to 
adjust when the draw of the Metro-North WALK Bridge will be available 
to open Monday through Friday, excluding holidays. In response to 
comments received to the notice of proposed rulemaking (NPRM), 
published in August 2015 (80 FR 52423), the Coast Guard conducted 
further review of tidal data, bridge logs and train schedules.
    On April 4, 2016, we published a supplemental notice of proposed 
rulemaking (SNPRM) entitled Drawbridge Operation Regulation; Norwalk 
River, Norwalk, CT, in the Federal Register (81 FR 19094), soliciting 
comments on the proposed rule through May 4, 2016. In addition, 
Commander (dpb), First Coast Guard District published Public Notice 1-
150 dated April 4, 2016. We received two

[[Page 45021]]

comments on the proposed rule, which will be addressed in Section IV, 
below.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    The Metro-North WALK Bridge, mile 0.1, across the Norwalk River at 
Norwalk, CT, 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 Coast Guard believes these final changes balance the needs of 
rail and vessel traffic. The proposed changes enhance rail traffic 
without significantly impacting vessel traffic.

IV. Discussion of Comments, Changes and the Final Rule

    We received two submissions commenting on the SNPRM. 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 the Coast Guard consider revising the AM peak 
window to end at 8:45 a.m. and revising the PM peak window to begin at 
4:15 p.m. and end at 8:20 p.m. to better accommodate commuters. The 
Coast Guard believes that the proposed rule offers greater 
consideration to peak commuter train traffic by restricting bridge 
openings until 9:45 a.m. The Coast Guard also believes that the PM peak 
revision of the proposed rule more adequately addresses the concerns in 
the comment by offering an additional 15 minutes on the front end by 
restricting bridge openings starting at 4 p.m. In addition, while the 
train schedules do adjust twice annually, only one train crosses the 
bridge between 8 p.m. and 8:20 p.m. Therefore, the Coast Guard believes 
ending the restriction to bridge openings at 8 p.m. is sufficient. The 
proposed changes balance the needs of rail and vessel traffic, 
enhancing rail traffic without significant adverse impact to vessel 
traffic.
    The Coast Guard amends 33 CFR 117.217(b) as proposed in the SNPRM 
of April 4, 2016.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protesters.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the ability 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.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section V.A above this final rule would not have a 
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
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 E.O. 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.

[[Page 45022]]

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
determination that this action is one of a category of actions which do 
not individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is 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.

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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.217, 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: June 23, 2016.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2016-16226 Filed 7-11-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                45020               Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations

                                                                 Docket No.                                                           Type                                                       Location                                Effective date

                                                USCG–2016–0073        ...................................    Safety Zone .............................................   Lower Mississippi River ..........................                  1/21/2016
                                                USCG–2016–0075        ...................................    Safety Zone .............................................   Ventura, CA ............................................            1/22/2016
                                                USCG–2014–0293        ...................................    Safety Zone .............................................   Port Baltimore, MD .................................                1/22/2016
                                                USCG–2016–0071        ...................................    Safety Zone .............................................   Casmalia, CA ..........................................             1/28/2016
                                                USCG–2015–1128        ...................................    Safety Zone .............................................   San Francisco, CA ..................................                1/28/2016
                                                USCG–2016–0055        ...................................    Safety Zone .............................................   Alton, IL ...................................................       1/29/2016
                                                USCG–2015–0530        ...................................    Safety Zone .............................................   Lake Michigan Zone ...............................                  1/30/2016
                                                USCG–2016–0069        ...................................    Safety Zone .............................................   Chicago, IL ..............................................          1/30/2016
                                                USCG–2016–0091        ...................................    Safety Zone .............................................   Los Angeles, CA .....................................               1/31/2016
                                                USCG–2016–0101        ...................................    Safety Zone .............................................   Lower Mississippi River ..........................                   2/2/2016
                                                USCG–2016–0001        ...................................    Safety Zone .............................................   San Francisco, CA ..................................                 2/3/2016
                                                USCG–2016–0108        ...................................    Safety Zone .............................................   Los Angeles and San Pedro, CA ...........                            2/5/2016
                                                USCG–2015–1077        ...................................    Special Local Regulation ........................           Brandenton, FL .......................................               2/6/2016
                                                USCG–2015–1025        ...................................    Safety Zone .............................................   Manhattan, NY ........................................               2/6/2016
                                                USCG–2016–0079        ...................................    Safety Zone .............................................   San Pedro, CA ........................................               2/6/2016
                                                USCG–2016–0030        ...................................    Safety Zone .............................................   San Francisco, CA ..................................                 2/6/2016
                                                USCG–2016–0107        ...................................    Safety Zone .............................................   Ventura, CA ............................................             2/9/2016
                                                USCG–2016–0068        ...................................    Safety Zone .............................................   North Shore Oahu, HI .............................                  2/10/2016
                                                USCG–2015–1130        ...................................    Safety Zone .............................................   Santa Beach, FL .....................................               2/11/2016
                                                USCG–2016–0042        ...................................    Safety Zone .............................................   Lower Mississippi River ..........................                  2/13/2016
                                                USCG–2016–0149        ...................................    Safety Zone .............................................   Pascagoula, MS ......................................               2/13/2016
                                                USCG–2016–0105        ...................................    Security Zone ..........................................    Anaheim Bay, CA ...................................                 2/17/2016
                                                USCG–2016–0146        ...................................    Safety Zone .............................................   Harbor Ohau, HI .....................................               2/20/2016
                                                USCG–2015–1092        ...................................    Safety Zone .............................................   Nashville, TN ...........................................           2/24/2016
                                                USCG–2016–0059        ...................................    Safety Zone .............................................   Sag Harbor, NY ......................................               2/28/2016
                                                USCG–2016–0166        ...................................    Safety Zone .............................................   Urbanna, VA ...........................................             2/29/2016
                                                USCG–2016–0197        ...................................    Safety Zone .............................................   Lake Charles, LA ....................................                3/8/2016
                                                USCG–2016–0089        ...................................    Drawbridges ............................................    Sacramento, CA ......................................               3/12/2016
                                                USCG–2016–0216        ...................................    Safety Zone .............................................   Orange, TX .............................................            3/13/2016
                                                USCG–2016–0223        ...................................    Safety Zone .............................................   Los Angeles, CA .....................................               3/17/2016
                                                USCG–2016–0006        ...................................    Special Local Regulation ........................           Nashville, TN ...........................................           3/19/2016
                                                USCG–2016–0211        ...................................    Drawbridges ............................................    San Francisco, CA ..................................                3/20/2016
                                                USCG–2016–0234        ...................................    Safety Zone .............................................   Lower Mississippi River ..........................                  3/22/2016
                                                USCG–2014–0797        ...................................    Safety Zone .............................................   Cathlamnet, WA ......................................               3/24/2016
                                                USCG–2014–0798        ...................................    Safety Zone .............................................   Coos Bay, OR .........................................              3/24/2016
                                                USCG–2016–0231        ...................................    Security Zone ..........................................    Miami, FL ................................................          3/24/2016



                                                  Dated: June 27, 2016.                                             remains in the closed position during                                FR Federal Register
                                                Rebecca Orban,                                                      the weekday morning and evening rush                                 NPRM Notice of proposed rulemaking
                                                                                                                    hours. It is expected that this change to                            SNPRM Supplemental notice of proposed
                                                Acting Chief, Office of Regulations and
                                                                                                                    the regulations will create efficiency in                              rulemaking
                                                Administrative Law.
                                                                                                                                                                                         Pub. L. Public Law
                                                [FR Doc. 2016–16345 Filed 7–11–16; 8:45 am]                         drawbridge operations while continuing                               § Section
                                                BILLING CODE 9110–04–P                                              to meet the reasonable needs of                                      U.S.C. United States Code
                                                                                                                    navigation.
                                                                                                                    DATES: This rule is effective August 11,                             II. Background Information and
                                                DEPARTMENT OF HOMELAND                                              2016.                                                                Regulatory History
                                                SECURITY                                                            ADDRESSES: To view documents                                            The Coast Guard twice published a
                                                Coast Guard                                                         mentioned in this preamble as being                                  notice of proposed rulemaking to adjust
                                                                                                                    available in the docket, go to http://                               when the draw of the Metro-North
                                                33 CFR Part 117                                                     www.regulations.gov, type ‘‘USCG–                                    WALK Bridge will be available to open
                                                                                                                    2014–1057’’ in the ‘‘SEARCH’’ box and                                Monday through Friday, excluding
                                                [Docket No. USCG–2014–1057]                                         click ‘‘SEARCH.’’ Click on Open Docket                               holidays. In response to comments
                                                                                                                    Folder on the line associated with this                              received to the notice of proposed
                                                RIN 1625–AA09                                                       rulemaking.                                                          rulemaking (NPRM), published in
                                                                                                                    FOR FURTHER INFORMATION CONTACT: If                                  August 2015 (80 FR 52423), the Coast
                                                Drawbridge Operation Regulation;
                                                Norwalk River, Norwalk, CT                                          you have questions on this rule, call or                             Guard conducted further review of tidal
                                                                                                                    email Mr. Christopher J. Bisignano,                                  data, bridge logs and train schedules.
                                                AGENCY:    Coast Guard, DHS.                                        Supervisory Bridge Management                                           On April 4, 2016, we published a
                                                ACTION:   Final rule.                                               Specialist, First Coast Guard District,                              supplemental notice of proposed
                                                                                                                    Coast Guard; telephone (212) 514–4331                                rulemaking (SNPRM) entitled
                                                SUMMARY:   The Coast Guard is modifying                             or email                                                             Drawbridge Operation Regulation;
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                                                the operating schedule that governs the                             Christopher.j.bisignano@uscg.mil.                                    Norwalk River, Norwalk, CT, in the
                                                Metro-North WALK Bridge across the                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                                         Federal Register (81 FR 19094),
                                                Norwalk River, mile 0.1, at Norwalk,                                                                                                     soliciting comments on the proposed
                                                Connecticut. The bridge owner                                       I. Table of Abbreviations                                            rule through May 4, 2016. In addition,
                                                submitted a request to require a greater                            CFR Code of Federal Regulations                                      Commander (dpb), First Coast Guard
                                                advance notice for bridge openings and                              DHS Department of Homeland Security                                  District published Public Notice 1–150
                                                to increase time periods the bridge                                 E.O. Executive Order                                                 dated April 4, 2016. We received two


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                                                                    Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations                                         45021

                                                comments on the proposed rule, which                     between 8 p.m. and 8:20 p.m. Therefore,               final rule would not have a significant
                                                will be addressed in Section IV, below.                  the Coast Guard believes ending the                   economic impact on any vessel owner
                                                                                                         restriction to bridge openings at 8 p.m.              or operator.
                                                III. Legal Authority and Need for Rule
                                                                                                         is sufficient. The proposed changes                      Under section 213(a) of the Small
                                                   The Coast Guard is issuing this rule                  balance the needs of rail and vessel
                                                under authority in 33 U.S.C. 499.                                                                              Business Regulatory Enforcement
                                                                                                         traffic, enhancing rail traffic without               Fairness Act of 1996 (Pub. L. 104–121),
                                                   The Metro-North WALK Bridge, mile                     significant adverse impact to vessel
                                                0.1, across the Norwalk River at                                                                               we want to assist small entities in
                                                                                                         traffic.
                                                Norwalk, CT, has a vertical clearance in                    The Coast Guard amends 33 CFR                      understanding this rule. If the rule
                                                the closed position of 16 feet at mean                   117.217(b) as proposed in the SNPRM of                would affect your small business,
                                                high water and 23 feet at mean low                       April 4, 2016.                                        organization, or governmental
                                                water. The drawbridge operation                                                                                jurisdiction and you have questions
                                                regulations are listed at 33 CFR                         V. Regulatory Analyses                                concerning its provisions or options for
                                                117.217(b). The waterway users are                         We developed this rule after                        compliance, please contact the person
                                                seasonal recreational vessels and                        considering numerous statutes and                     listed in the FOR FURTHER INFORMATION
                                                commercial vessels of various sizes. The                 executive orders (E.O.s) related to                   CONTACT, above.
                                                owner of the bridge, Connecticut                         rulemaking. Below we summarize our                       Small businesses may send comments
                                                Department of Transportation (CDOT),                     analyses based on a number of these                   on the actions of Federal employees
                                                requested a change to the Drawbridge                     statutes and E.O.s, and we discuss First              who enforce, or otherwise determine
                                                Operation Regulations because the                        Amendment rights of protesters.                       compliance with, Federal regulations to
                                                volume of train traffic across the bridge                                                                      the Small Business and Agriculture
                                                during the peak commuting hours                          A. Regulatory Planning and Review
                                                                                                                                                               Regulatory Enforcement Ombudsman
                                                makes bridge openings impractical                           E.O.s 12866 and 13563 direct agencies              and the Regional Small Business
                                                under the current schedule. As a result,                 to assess the costs and benefits of                   Regulatory Fairness Boards. The
                                                bridge openings that occur during peak                   available regulatory alternatives and, if
                                                                                                                                                               Ombudsman evaluates these actions
                                                commuter train hours cause significant                   regulation is necessary, to select
                                                                                                                                                               annually and rates each agency’s
                                                delays to commuter rail traffic.                         regulatory approaches that maximize
                                                                                                                                                               responsiveness to small business. If you
                                                   The Coast Guard believes these final                  net benefits. E.O. 13563 emphasizes the
                                                                                                                                                               wish to comment on actions by
                                                changes balance the needs of rail and                    importance of quantifying both costs
                                                                                                                                                               employees of the Coast Guard, call 1–
                                                vessel traffic. The proposed changes                     and benefits, of reducing costs, of
                                                                                                                                                               888–REG–FAIR (1–888–734–3247). The
                                                enhance rail traffic without significantly               harmonizing rules, and of promoting
                                                                                                                                                               Coast Guard will not retaliate against
                                                impacting vessel traffic.                                flexibility. This rule has not been
                                                                                                                                                               small entities that question or complain
                                                                                                         designated a ‘‘significant regulatory
                                                IV. Discussion of Comments, Changes                                                                            about this rule or any policy or action
                                                                                                         action,’’ under E.O. 12866. Accordingly,
                                                and the Final Rule                                                                                             of the Coast Guard.
                                                                                                         it has not been reviewed by the Office
                                                  We received two submissions                            of Management and Budget.                             C. Collection of Information
                                                commenting on the SNPRM. One                                This regulatory action determination
                                                comment requested that any                               is based on the ability that vessels can                This rule calls for no new collection
                                                modification to the existing rule should                 still transit the bridge given advanced               of information under the Paperwork
                                                not be extended past the initiation of                   notice. The vertical clearance under the              Reduction Act of 1995 (44 U.S.C. 3501–
                                                construction of a new replacement                        bridge in the closed position is                      3520).
                                                bridge. The Coast Guard disagrees. A                     relatively high enough to accommodate
                                                replacement bridge is only in the                                                                              D. Federalism and Indian Tribal
                                                                                                         most vessel traffic during the time
                                                planning stage at CDOT. Design and                                                                             Government
                                                                                                         periods the draw is closed during the
                                                construction of a replacement project for                morning and evening commuter rush                        A rule has implications for federalism
                                                a bridge of this scale typically takes                   hours.                                                under Executive Order 13132,
                                                several years. As the timeline of a                                                                            Federalism, if it has a substantial direct
                                                potential bridge replacement is                          B. Impact on Small Entities
                                                                                                                                                               effect on the States, on the relationship
                                                uncertain, the Coast Guard cannot                           The Regulatory Flexibility Act of 1980
                                                                                                                                                               between the national government and
                                                consider it within this rulemaking.                      (RFA), 5 U.S.C. 601–612, as amended,
                                                                                                                                                               the States, or on the distribution of
                                                  One comment suggested the Coast                        requires federal agencies to consider the
                                                                                                                                                               power and responsibilities among the
                                                Guard consider revising the AM peak                      potential impact of regulations on small
                                                                                                                                                               various levels of government. We have
                                                window to end at 8:45 a.m. and revising                  entities during rulemaking. The term
                                                                                                                                                               analyzed this rule under that Order and
                                                the PM peak window to begin at 4:15                      ‘‘small entities’’ comprises small
                                                                                                         businesses, not-for-profit organizations              have determined that it is consistent
                                                p.m. and end at 8:20 p.m. to better
                                                accommodate commuters. The Coast                         that are independently owned and                      with the fundamental federalism
                                                Guard believes that the proposed rule                    operated and are not dominant in their                principles and preemption requirements
                                                offers greater consideration to peak                     fields, and governmental jurisdictions                described in E.O. 13132.
                                                commuter train traffic by restricting                    with populations of less than 50,000.                    Also, this rule does not have tribal
                                                bridge openings until 9:45 a.m. The                      The Coast Guard received no comments                  implications under Executive Order
                                                Coast Guard also believes that the PM                    from the Small Business Administration                13175, Consultation and Coordination
                                                peak revision of the proposed rule more                  on this rule. The Coast Guard certifies               with Indian Tribal Governments,
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                                                adequately addresses the concerns in                     under 5 U.S.C. 605(b) that this rule will             because it does not have a substantial
                                                the comment by offering an additional                    not have a significant economic impact                direct effect on one or more Indian
                                                15 minutes on the front end by                           on a substantial number of small                      tribes, on the relationship between the
                                                restricting bridge openings starting at 4                entities. While some owners or                        Federal Government and Indian tribes,
                                                p.m. In addition, while the train                        operators of vessels intending to transit             or on the distribution of power and
                                                schedules do adjust twice annually,                      the bridge may be small entities, for the             responsibilities between the Federal
                                                only one train crosses the bridge                        reasons stated in section V.A above this              Government and Indian tribes.


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                                                45022               Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations

                                                E. Unfunded Mandates Reform Act                          § 117.217    Norwalk River.                           from June 22, 2016 through July 12,
                                                  The Unfunded Mandates Reform Act                       *      *    *     *     *                             2016. Comments and related material
                                                of 1995 (2 U.S.C. 1531–1538) requires                       (b) The draw of the Metro-North                    must be received by the Coast Guard on
                                                Federal agencies to assess the effects of                ‘‘WALK’’ Bridge, mile 0.1, at Norwalk,                or before August 11, 2016.
                                                their discretionary regulatory actions. In               shall operate as follows:                             ADDRESSES: You may submit comments
                                                particular, the Act addresses actions                       (1) The draw shall open on signal                  identified by docket number USCG–
                                                that may result in the expenditure by a                  between 4:30 a.m. and 9 p.m. after at                 2016–0462 using the Federal e-
                                                State, local, or tribal government, in the               least a two hour advance notice is given;             Rulemaking Portal at http://
                                                aggregate, or by the private sector of                   except that, from 5:45 a.m. through 9:45              www.regulations.gov. See the ‘‘Public
                                                $100,000,000 (adjusted for inflation) or                 a.m. and from 4 p.m. through 8 p.m.,                  Participation and Request for
                                                more in any one year. Though this rule                   Monday through Friday excluding                       Comments’’ portion of the
                                                will not result in such expenditure, we                  holidays, the draw need not open for the              SUPPLEMENTARY INFORMATION section for
                                                do discuss the effects of this rule                      passage of vessel traffic unless an                   further instructions on submitting
                                                elsewhere in this preamble.                              emergency exists.                                     comments.
                                                                                                            (2) From 9 p.m. through 4:30 a.m. the              FOR FURTHER INFORMATION CONTACT: If
                                                F. Environment                                           draw shall open on signal after at least              you have questions on this rule, call or
                                                   We have analyzed this rule under                      a four hour advance notice is given.                  email MST1 Kristina Pundt, Waterways
                                                Department of Homeland Security                             (3) A delay in opening the draw not
                                                                                                                                                               Management Division, U.S. Coast
                                                Management Directive 023–01 and                          to exceed 10 minutes may occur when
                                                                                                                                                               Guard; telephone 718–354–4352, email
                                                Commandant Instruction M16475.lD,                        a train scheduled to cross the bridge
                                                                                                                                                               Kristina.H.Pundt@uscg.mil.
                                                which guides the Coast Guard in                          without stopping has entered the
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                complying with the National                              drawbridge lock.
                                                Environmental Policy Act of 1969                            (4) Requests for bridge openings may               I. Table of Abbreviations
                                                (NEPA) (42 U.S.C. 4321–4370f), and                       be made by calling the bridge via marine
                                                                                                                                                               COTP Captain of the Port
                                                have made a determination that this                      radio VHF FM Channel 13 or the                        CFR Code of Federal Regulations
                                                action is one of a category of actions                   telephone number posted at the bridge.                DHS Department of Homeland Security
                                                which do not individually or                               Dated: June 23, 2016.                               FR Federal Register
                                                cumulatively have a significant effect on                S.D. Poulin,                                          NPRM Notice of proposed rulemaking
                                                                                                                                                               NYSTA New York State Thruway Authority
                                                the human environment. This rule                         Rear Admiral, U.S. Coast Guard Commander,             § Section
                                                simply promulgates the operating                         First Coast Guard District.                           U.S.C. United States Code
                                                regulations or procedures for                            [FR Doc. 2016–16226 Filed 7–11–16; 8:45 am]
                                                drawbridges. This action is categorically                BILLING CODE 9110–04–P
                                                                                                                                                               II. Background Information and
                                                excluded from further review, under                                                                            Regulatory History
                                                figure 2–1, paragraph (32)(e), of the                                                                             The Coast Guard is issuing this
                                                Instruction.                                             DEPARTMENT OF HOMELAND                                temporary rule without prior notice and
                                                   Under figure 2–1, paragraph (32)(e), of               SECURITY                                              opportunity to comment pursuant to
                                                the Instruction, an environmental                                                                              authority under section 4(a) of the
                                                analysis checklist and a categorical                     Coast Guard                                           Administrative Procedure Act (APA) (5
                                                exclusion determination are not                                                                                U.S.C. 553(b)). This provision
                                                required for this rule.                                  33 CFR Part 165                                       authorizes an agency to issue a rule
                                                G. Protest Activities                                    [Docket Number USCG–2016–0462]                        without prior notice and opportunity to
                                                                                                                                                               comment when the agency for good
                                                  The Coast Guard respects the First                     RIN 1625–AA00                                         cause finds that those procedures are
                                                Amendment rights of protesters.                                                                                ‘‘impracticable, unnecessary, or contrary
                                                Protesters are asked to contact the                      Safety Zone; Hudson River, South
                                                                                                         Nyack and Tarrytown, NY                               to the public interest.’’ Under 5 U.S.C.
                                                person listed in the FOR FURTHER                                                                               553(b)(B), the Coast Guard finds that
                                                INFORMATION CONTACT section to                           AGENCY:    Coast Guard, DHS.                          good cause exists for not publishing a
                                                coordinate protest activities so that your               ACTION:   Temporary interim final rule.               NPRM with respect to this rule because
                                                message can be received without                                                                                publishing a NPRM would be
                                                jeopardizing the safety or security of                   SUMMARY:    The Coast Guard is                        impracticable. A delay or cancellation of
                                                people, places or vessels.                               establishing a temporary moving safety                the currently ongoing bridge project in
                                                                                                         zone for navigable waters of the Hudson               order to accommodate a full notice and
                                                List of Subjects in 33 CFR Part 117
                                                                                                         River within a 200-yard radius of the                 comment period would delay necessary
                                                  Bridges.                                               LEFT COAST LIFTER crane barge                         operations, result in increased costs,
                                                  For the reasons discussed in the                       during heavy lift operations. The safety              and delay the date when the bridge is
                                                preamble, the Coast Guard amends 33                      zone is needed to protect personnel,                  expected to reopen for normal
                                                CFR part 117 as follows:                                 vessels, and the marine environment                   operations. For these reasons, the Coast
                                                                                                         from potential hazards created by heavy               Guard finds it impracticable to delay
                                                PART 117—DRAWBRIDGE                                      lift operations conducted by the crane                this regulation for purposes of a
                                                OPERATION REGULATIONS                                    barge in the vicinity of the Tappan Zee               comment period.
                                                                                                         Bridge. Entry of vessels or persons into                 We are issuing this rule, and under 5
                                                ■ 1. The authority citation for part 117
mstockstill on DSK3G9T082PROD with RULES




                                                                                                         this zone is prohibited unless                        U.S.C. 553(d)(3), the Coast Guard finds
                                                continues to read as follows:                            specifically authorized by the Captain of             that good cause exists for making it
                                                  Authority: 33 U.S.C. 499; 33 CFR 1.05–1;               the Port.                                             effective less than 30 days after
                                                Department of Homeland Security Delegation               DATES: This rule is effective without                 publication in the Federal Register.
                                                No. 0170.1.                                              actual notice from July 12, 2016 through              Delaying the effective date of this rule
                                                ■ 2. Revise § 117.217, paragraph (b), to                 December 31, 2018. For the purposes of                would be impracticable for the same
                                                read as follows:                                         enforcement, actual notice will be used               reasons specified above.


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Document Created: 2016-07-12 01:59:22
Document Modified: 2016-07-12 01:59:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective August 11, 2016.
ContactIf you have questions on this rule, call or email Mr. Christopher J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District, Coast Guard; telephone (212) 514-4331 or email [email protected]
FR Citation81 FR 45020 
RIN Number1625-AA09

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