82 FR 46948 - Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range		46948-46950
FR Document		2017-21773

The Coast Guard proposes to modify the operating schedule that governs the Metro-North Peck Bridge across the Pequonnock River, mile 0.3, at Bridgeport, Connecticut. The owner of the bridge, Metro-North Railroad, has submitted a request that vessels seeking an opening of the draw submit a minimum of four hours of advance notice. It is expected this change to the regulations will better serve the needs of the public, particularly commuters and commercial interests utilizing the Northeast Corridor rail spur, while continuing to meet the reasonable needs of navigation.

Federal Register, Volume 82 Issue 194 (Tuesday, October 10, 2017)

[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Proposed Rules]
[Pages 46948-46950]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21773]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Metro-North Peck Bridge across the Pequonnock River, mile 
0.3, at Bridgeport, Connecticut. The owner of the bridge, Metro-North 
Railroad, has submitted a request that vessels seeking an opening of 
the draw submit a minimum of four hours of advance notice. It is 
expected this change to the regulations will better serve the needs of 
the public, particularly commuters and commercial interests utilizing 
the Northeast Corridor rail spur, while continuing to meet the 
reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before November 9, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0750 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 proposed 
rule, call or email Mr. James Moore, Project Officer, First Coast Guard 
District, telephone 212-514-4334, 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Metro-North Peck Bridge, mile 0.3, across the Pequonnock River 
at Bridgeport, Connecticut, has a vertical clearance of 26 feet at Mean 
High Water and 32 feet at Mean Low Water when

[[Page 46949]]

the span is in the closed position. Vertical clearance is 65 feet when 
the draw is open. Horizontal clearance is 105 feet. Waterway users 
include recreational and a limited number of small commercial vessels.
    The existing drawbridge regulation in 33 CFR 117.219(b) has been in 
effect since September 13, 2010. The owner of the bridge, Metro-North 
Railroad, requested a change to the drawbridge operating regulations in 
order to better facilitate the orderly flow of rail traffic while still 
satisfying the reasonable needs of navigation. Specifically, Metro-
North Railroad seeks to modify the ``open on signal'' requirement 
associated with the existing regulation. Under the proposed rule, 
mariners would be expected to provide a minimum four hours advance 
notice if an opening is necessary. Additionally, the bridge owner 
requested to extend the allowable delay to an opening when a train is 
approaching the bridge. The bridge is a component of the Northeast 
Corridor, which supports Metro-North, Amtrak and freight rail service. 
Of note, the bridge has not received any requests for an opening in the 
past four years; meanwhile, approximately 211 Metro-North commuter 
trains alone proceed across the bridge daily. It is reasoned that rail 
traffic will be able to proceed in a more expeditious and predictable 
manner if the draw of the bridge is not required to open on signal.

III. Discussion of Proposed Rule

    Bridge logs submitted for review by Metro North Railroad 
substantiate the bulk of bridge openings since 2015 have been 
undertaken for no more than test purposes. Over the course of the past 
decade the Pequonnock River has seen a marked decrease in the volume of 
commercial vessel traffic utilizing the waterway. There are presently 
no businesses located upstream of the bridge hosting either vessels 
and/or barges that would require an opening of the draw as a routine 
matter. Nor does it appear likely that planned development of the City 
of Bridgeport's waterfront will involve ventures requiring moorings for 
commercial vessels. Based on this evidence as well as discussion with 
the bridge owner, the Coast Guard proposes to permanently change the 
drawbridge operating regulation 33 CFR 117.219(b).
    The proposed rule at 33 CFR 117.219(b) would allow the Metro-North 
Peck Bridge to open in the following manner: ``The draw of the Metro-
North Peck Bridge at mile 0.3, at Bridgeport, shall operate as follows: 
The draw shall open on signal between 5:45 a.m. to 9 p.m. if at least 
four hours advance notice is given; except that, from 5:45 a.m. to 9:45 
a.m., and 4 p.m. to 8 p.m., Monday through Friday excluding holidays, 
the draw need not open for the passage of vessel traffic unless an 
emergency exists. From 9 p.m. to 5:45 a.m., the draw shall open on 
signal if at least an eight hour notice is given. A delay in opening 
the draw not to exceed 15 minutes may occur when a train scheduled to 
cross the bridge without stopping has entered the drawbridge block. 
Requests for bridge openings may be made by calling the telephone 
number posted at the bridge.''

IV. 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 we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Coast Guard believes this rule is not a significant regulatory 
action. Mariners have not requested an opening of the draw for passage 
of a vessel within the past four years. Revision of the present 
regulation will allow for more efficient and economical operation of 
the span while still serving the reasonable needs of navigation based 
on present waterway usage trends. The minimum 26 feet of vertical 
clearance at mean high water when the bridge is in the closed position 
is sufficient to allow vessels utilizing the Pequonnock River to safety 
and expeditiously pass through the draw without opening.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard 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.
    For the reasons states and Sections III and IV above, this proposed 
rule will not pose 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.

C. 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.).

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 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

[[Page 46950]]

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.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 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.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed rule. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed 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.

V. 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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be 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. Revise Sec.  117.219(b) to read as follows:


Sec.  117.219  Pequonnock River.

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

    Dated: September 22, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-21773 Filed 10-6-17; 8:45 am]
 BILLING CODE 9110-04-P

46948 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules

Executive Order 12866. As a result this § 35.28 Non-discriminatory open access DEPARTMENT OF HOMELAND
rule was not reviewed by the Office of transmission tariff. SECURITY
Management and Budget. * * * * *
(g) * * * Coast Guard
X. Document Availability (10) Pricing eligible grid reliability
In addition to publishing the full text and resiliency resources. 33 CFR Part 117
of this document in the Federal (i) Definition of eligible grid reliability
[Docket No. USCG–2017–0750]
Register, the Commission provides all and resiliency resources. An eligible
interested persons an opportunity to grid reliability and resiliency resource is RIN 1625–AA09
view and/or print the contents of this any resource that:
(A) Is an electric generation resource Drawbridge Operation Regulation;
document via the Internet through the
physically located within a Pequonnock River, Bridgeport, CT
Commission’s Home Page (http://
www.ferc.gov) and in the Commission’s Commission-approved independent AGENCY: Coast Guard, DHS.
Public Reference Room during normal system operator or regional transmission
organization; ACTION: Notice of proposed rulemaking.
business hours (8:30 a.m. to 5:00 p.m.
(B) Is able to provide essential energy SUMMARY: The Coast Guard proposes to
Eastern time) at 888 First Street NE.,
and ancillary reliability services, modify the operating schedule that
Room 2A, Washington, DC 20426.
including but not limited to voltage governs the Metro-North Peck Bridge
From the Commission’s Home Page support, frequency services, operating
on the Internet, this information is across the Pequonnock River, mile 0.3,
reserves, and reactive power; at Bridgeport, Connecticut. The owner
available on eLibrary. The full text of (C) Has a 90-day fuel supply on site
this document is available on eLibrary of the bridge, Metro-North Railroad, has
enabling it to operate during an submitted a request that vessels seeking
in PDF and Microsoft Word format for emergency, extreme weather conditions,
viewing, printing, and/or downloading. an opening of the draw submit a
or a natural or man-made disaster; minimum of four hours of advance
To access this document in eLibrary, (D) Is compliant with all applicable
type the docket number excluding the notice. It is expected this change to the
federal, state, and local environmental
last three digits of this document in the regulations will better serve the needs of
laws, rules, and regulations; and
docket number field. (E) Is not subject to cost of service rate the public, particularly commuters and
regulation by any state or local commercial interests utilizing the
83. User assistance is available for
regulatory authority. Northeast Corridor rail spur, while
eLibrary and the Commission’s Web site
(ii) Scope of application. The continuing to meet the reasonable needs
during normal business hours from the
requirements of this rule shall apply to of navigation.
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676) Commission-approved independent DATES: Comments and related material
or email at ferconlinesupport@ferc.gov, system operators or regional must reach the Coast Guard on or before
or the Public Reference Room at (202) transmission organizations with energy November 9, 2017.
502–8371, TTY (202) 502–8659. Email and capacity markets and a tariff that ADDRESSES: You may submit comments
the Public Reference Room at contains a day-ahead and a real-time identified by docket number USCG–
public.referenceroom@ferc.gov. market or the functional equivalent. The 2017–0750 using Federal eRulemaking
application of this rule must be Portal at http://www.regulations.gov.
XI. Approval of the Office of the consistent between the day-ahead and See the ‘‘Public Participation and
Secretary real-time markets. Request for Comments’’ portion of the
The Secretary of Energy has approved (iii) Reliability and resiliency rate. (A) SUPPLEMENTARY INFORMATION section
the publication of this proposed rule. Each Commission-approved below for instructions on submitting
independent system operator or regional comments.
List of Subjects in 10 CFR Part 35 transmission organization shall FOR FURTHER INFORMATION CONTACT: If
establish a tariff that provides a just and you have questions on this proposed
Electric power rates, electric utilities,
reasonable rate for the— rule, call or email Mr. James Moore,
reporting and recordkeeping
(1) Purchase of electric energy from an
requirements. Project Officer, First Coast Guard
eligible reliability and resiliency
Issued in Washington, DC, on September District, telephone 212–514–4334, email
resource; and
29, 2017. (2) recovery of costs and a return on James.M.Moore2@uscg.mil.
Rick Perry, equity for such resource dispatched SUPPLEMENTARY INFORMATION:
Secretary of Energy. during grid operations. I. Table of Abbreviations
(B) The just and reasonable rate shall
For the reasons stated in the include pricing to ensure that each CFR Code of Federal Regulations
preamble, DOE proposes that FERC DHS Department of Homeland Security
eligible resource is fully compensated
amend part 35, chapter I of title 18, E.O. Executive order
for the benefits and services it provides FR Federal Register
subchapter B, Code of Federal to grid operations, including reliability,
Regulations as set forth below: NPRM Notice of proposed rulemaking
resiliency and on-site fuel-assurance, Pub. L. Public Law
and that each eligible resource recovers § Section
PART 35—FILING OF RATE
its fully allocated costs and a fair return U.S.C. United States Code
Pmangrum on DSK3GDR082PROD with PROPOSALS

SCHEDULES AND TARIFFS
on equity.
(iv) Reliability and resiliency costs. II. Background, Purpose and Legal
■ 1. The authority citation for part 35 Basis
Compensable costs shall include, but
continues to read as follows:
not be limited to, operating and fuel The Metro-North Peck Bridge, mile
Authority: 16 U.S.C. 791a–825r; 2601– expenses, costs of capital and debt, and
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
0.3, across the Pequonnock River at
a fair return on equity and investment. Bridgeport, Connecticut, has a vertical
■ 2. Section 35.28 is amended by adding [FR Doc. 2017–21396 Filed 10–6–17; 8:45 am] clearance of 26 feet at Mean High Water
paragraph (g)(10) to read as follows: BILLING CODE 6717–01–P and 32 feet at Mean Low Water when

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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules 46949

the span is in the closed position. notice is given; except that, from 5:45 operated and are not dominant in their
Vertical clearance is 65 feet when the a.m. to 9:45 a.m., and 4 p.m. to 8 p.m., fields, and governmental jurisdictions
draw is open. Horizontal clearance is Monday through Friday excluding with populations of less than 50,000.
105 feet. Waterway users include holidays, the draw need not open for the The Coast Guard certifies under 5 U.S.C.
recreational and a limited number of passage of vessel traffic unless an 605(b) that this proposed rule would not
small commercial vessels. emergency exists. From 9 p.m. to 5:45 have a significant economic impact on
The existing drawbridge regulation in a.m., the draw shall open on signal if at a substantial number of small entities.
33 CFR 117.219(b) has been in effect least an eight hour notice is given. A For the reasons states and Sections III
since September 13, 2010. The owner of delay in opening the draw not to exceed and IV above, this proposed rule will
the bridge, Metro-North Railroad, 15 minutes may occur when a train not pose a significant economic impact
requested a change to the drawbridge scheduled to cross the bridge without on any vessel owner or operator.
operating regulations in order to better stopping has entered the drawbridge If you think that your business,
facilitate the orderly flow of rail traffic block. Requests for bridge openings may organization, or governmental
while still satisfying the reasonable be made by calling the telephone jurisdiction qualifies as a small entity
needs of navigation. Specifically, Metro- number posted at the bridge.’’ and that this rule would have a
North Railroad seeks to modify the significant economic impact on it,
‘‘open on signal’’ requirement IV. Regulatory Analyses please submit a comment (see
associated with the existing regulation. We developed this proposed rule after ADDRESSES) explaining why you think it
Under the proposed rule, mariners considering numerous statutes and qualifies and how and to what degree
would be expected to provide a Executive Orders related to rulemaking. this rule would economically affect it.
minimum four hours advance notice if Below we summarize our analyses Under section 213(a) of the Small
an opening is necessary. Additionally, based on these statutes and Executive Business Regulatory Enforcement
the bridge owner requested to extend Orders and we discuss First Fairness Act of 1996 (Pub. L. 104–121),
the allowable delay to an opening when Amendment rights of protestors. we want to assist small entities in
a train is approaching the bridge. The understanding this proposed rule. If the
A. Regulatory Planning and Review
bridge is a component of the Northeast rule would affect your small business,
Corridor, which supports Metro-North, Executive Orders 12866 and 13563 organization, or governmental
Amtrak and freight rail service. Of note, direct agencies to assess the costs and jurisdiction and you have questions
the bridge has not received any requests benefits of available regulatory concerning its provisions or options for
for an opening in the past four years; alternatives and, if regulation is compliance, please contact the person
meanwhile, approximately 211 Metro- necessary, to select regulatory listed in the FOR FURTHER INFORMATION
North commuter trains alone proceed approaches that maximize net benefits. CONTACT, above. The Coast Guard will
across the bridge daily. It is reasoned Executive Order 13771 directs agencies not retaliate against small entities that
that rail traffic will be able to proceed to control regulatory costs through a question or complain about this
in a more expeditious and predictable budgeting process. This NPRM has not proposed rule or any policy or action of
manner if the draw of the bridge is not been designated a ‘‘significant the Coast Guard.
required to open on signal. regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM C. Collection of Information
III. Discussion of Proposed Rule has not been reviewed by the Office of This proposed rule would call for no
Bridge logs submitted for review by Management and Budget (OMB) and new collection of information under the
Metro North Railroad substantiate the pursuant to OMB guidance it is exempt Paperwork Reduction Act of 1995 (44
bulk of bridge openings since 2015 have from the requirements of Executive U.S.C. 3501–3520.).
been undertaken for no more than test Order 13771.
purposes. Over the course of the past The Coast Guard believes this rule is D. Federalism and Indian Tribal
decade the Pequonnock River has seen not a significant regulatory action. Government
a marked decrease in the volume of Mariners have not requested an opening A rule has implications for federalism
commercial vessel traffic utilizing the of the draw for passage of a vessel under Executive Order 13132,
waterway. There are presently no within the past four years. Revision of Federalism, if it has a substantial direct
businesses located upstream of the the present regulation will allow for effect on the States, on the relationship
bridge hosting either vessels and/or more efficient and economical operation between the national government and
barges that would require an opening of of the span while still serving the the States, or on the distribution of
the draw as a routine matter. Nor does reasonable needs of navigation based on power and responsibilities among the
it appear likely that planned present waterway usage trends. The various levels of government. We have
development of the City of Bridgeport’s minimum 26 feet of vertical clearance at analyzed this proposed rule under that
waterfront will involve ventures mean high water when the bridge is in Order and have determined that it is
requiring moorings for commercial the closed position is sufficient to allow consistent with the fundamental
vessels. Based on this evidence as well vessels utilizing the Pequonnock River federalism principles and preemption
as discussion with the bridge owner, the to safety and expeditiously pass through requirements described in Executive
Coast Guard proposes to permanently the draw without opening. Order 13132.
change the drawbridge operating Also, this proposed rule does not have
B. Impact on Small Entities
Pmangrum on DSK3GDR082PROD with PROPOSALS

regulation 33 CFR 117.219(b). tribal implications under Executive
The proposed rule at 33 CFR The Regulatory Flexibility Act of 1980 Order 13175, Consultation and
117.219(b) would allow the Metro-North (RFA), 5 U.S.C. 601–612, as amended, Coordination with Indian Tribal
Peck Bridge to open in the following requires federal agencies to consider the Governments, because it would not have
manner: ‘‘The draw of the Metro-North potential impact of regulations on small a substantial direct effect on one or
Peck Bridge at mile 0.3, at Bridgeport, entities during rulemaking. The term more Indian tribes, on the relationship
shall operate as follows: The draw shall ‘‘small entities’’ comprises small between the Federal Government and
open on signal between 5:45 a.m. to 9 businesses, not-for-profit organizations Indian tribes, or on the distribution of
p.m. if at least four hours advance that are independently owned and power and responsibilities between the

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Document Created: 2017-10-07 10:32:23
Document Modified: 2017-10-07 10:32:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must reach the Coast Guard on or before November 9, 2017.
Contact		If you have questions on this proposed rule, call or email Mr. James Moore, Project Officer, First Coast Guard District, telephone 212-514-4334, email [email protected]
FR Citation		82 FR 46948
RIN Number		1625-AA09

82 FR 46948 - Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 194 (October 10, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard