83 FR 3961 - Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 19 (January 29, 2018)

Page Range		3961-3963
FR Document		2018-01605

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

Federal Register, Volume 83 Issue 19 (Monday, January 29, 2018)

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


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

DATES: This rule is effective February 28, 2018.

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

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

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

III. Legal Authority and Need for Rule

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

IV. Discussion of Comments, Changes and the Final Rule

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

[[Page 3962]]

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

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

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

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321-4370f), and have made a preliminary determination that this action 
is one of a category of actions which do not individually or 
cumulatively have a significant effect on the human environment. This 
rule simply promulgates the operating regulations or procedures for 
drawbridges. Normally such actions are categorically excluded from 
further review, under Table 1, L49 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A preliminary Record of Environmental Consideration 
and a Memorandum for the Record are not required for this rule. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

[[Page 3963]]

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


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


Sec.  117.219   Pequonnock River.

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

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

3962 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations

A third comment noted that, with with populations of less than 50,000. with Indian Tribal Governments,
exceptions for weekends, holidays and The Coast Guard received no comments because it does not have a substantial
emergencies, the time that the bridge from the Small Business Administration direct effect on one or more Indian
need not open daily, except for on this rule. The Coast Guard certifies tribes, on the relationship between the
emergencies, has increased from 2 hours under 5 U.S.C. 605(b) that this rule will Federal Government and Indian tribes,
and 40 minutes to a total of 8 hours. not have a significant economic impact or on the distribution of power and
This comment asked whether this on a substantial number of small responsibilities between the Federal
increase will have any impact. The entities. Government and Indian tribes.
additional 5 hours and 20 minutes that While some owners or operators of
the bridge need not open daily is not vessels intending to transit the bridge E. Unfunded Mandates Reform Act
expected to have a significant impact. may be small entities, for the reasons
The Unfunded Mandates Reform Act
The bridge has not received any stated in section V.A above, this rule
of 1995 (2 U.S.C. 1531–1538) requires
requests for an opening in the past four will not have a significant economic
impact on any vessel owner or operator. Federal agencies to assess the effects of
years and there are no businesses
Under section 213(a) of the Small their discretionary regulatory actions. In
located upstream of the bridge hosting
Business Regulatory Enforcement particular, the Act addresses actions
either vessels or barges that would need
Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a
an opening of the draw as a routine
we want to assist small entities in State, local, or tribal government, in the
matter. Metro-North will continue to
fully maintain and open the bridge as understanding this rule. If the rule aggregate, or by the private sector of
needed to keep the bridge in operable would affect your small business, $100,000,000 (adjusted for inflation) or
condition. organization, or governmental more in any one year. Though this rule
jurisdiction and you have questions will not result in such expenditure, we
V. Regulatory Analyses concerning its provisions or options for do discuss the effects of this rule
We developed this rule after compliance, please contact the person elsewhere in this preamble.
considering numerous statutes and listed in the FOR FURTHER INFORMATION F. Environment
Executive Orders related to rulemaking. CONTACT, above.
Below we summarize our analyses Small businesses may send comments We have analyzed this rule under
based on a number of these statutes and on the actions of Federal employees Department of Homeland Security
Executive Orders, and we discuss First who enforce, or otherwise determine Management Directive 023–01, which
Amendment rights of protesters. compliance with, Federal regulations to guides the Coast Guard in complying
the Small Business and Agriculture with the National Environmental Policy
A. Regulatory Planning and Review
Regulatory Enforcement Ombudsman Act of 1969 (NEPA) (42 U.S.C. 4321–
Executive Orders 12866 and 13563 and the Regional Small Business 4370f), and have made a preliminary
direct agencies to assess the costs and Regulatory Fairness Boards. The determination that this action is one of
benefits of available regulatory Ombudsman evaluates these actions a category of actions which do not
alternatives and, if regulation is annually and rates each agency’s individually or cumulatively have a
necessary, to select regulatory responsiveness to small business. If you significant effect on the human
approaches that maximize net benefits. wish to comment on actions by environment. This rule simply
Executive Order 13563 emphasizes the employees of the Coast Guard, call 1– promulgates the operating regulations or
importance of quantifying both costs 888–REG–FAIR (1–888–734–3247). The procedures for drawbridges. Normally
and benefits, of reducing costs, of Coast Guard will not retaliate against such actions are categorically excluded
harmonizing rules, and of promoting small entities that question or complain from further review, under Table 1, L49
flexibility. This rule has not been about this rule or any policy or action of DHS Instruction Manual 023–01–
designated a ‘‘significant regulatory of the Coast Guard. 001–01, Rev. 01. A preliminary Record
action,’’ under Executive Order 12866.
C. Collection of Information of Environmental Consideration and a
Accordingly, it has not been reviewed
Memorandum for the Record are not
by the Office of Management and This rule calls for no new collection
required for this rule. We seek any
Budget. of information under the Paperwork
The Coast Guard has determined this comments or information that may lead
Reduction Act of 1995 (44 U.S.C. 3501–
rule is not a significant regulatory to the discovery of a significant
3520).
action. There have been no requested environmental impact from this rule.
openings for vessel for the past four D. Federalism and Indian Tribal
Government G. Protest Activities
years. The 26 foot vertical clearance
available at Mean High Water when the A rule has implications for federalism The Coast Guard respects the First
bridge is in the closed position is under Executive Order 13132, Amendment rights of protesters.
sufficient to allow a majority of traffic Federalism, if it has a substantial direct Protesters are asked to contact the
to pass without an opening. effect on the States, on the relationship person listed in the FOR FURTHER
between the national government and INFORMATION CONTACT section to
B. Impact on Small Entities the States, or on the distribution of coordinate protest activities so that your
The Regulatory Flexibility Act of 1980 power and responsibilities among the message can be received without
(RFA), 5 U.S.C. 601–612, as amended, various levels of government. We have jeopardizing the safety or security of
requires federal agencies to consider the analyzed this rule under that Order and people, places or vessels.
sradovich on DSK3GMQ082PROD with RULES

potential impact of regulations on small have determined that it is consistent
entities during rulemaking. The term with the fundamental federalism List of Subjects in 33 CFR Part 117
‘‘small entities’’ comprises small principles and preemption requirements Bridges.
businesses, not-for-profit organizations described in Executive Order 13132.
that are independently owned and Also, this rule does not have tribal For the reasons discussed in the
operated and are not dominant in their implications under Executive Order preamble, the Coast Guard amends 33
fields, and governmental jurisdictions 13175, Consultation and Coordination CFR part 117 as follows:

VerDate Sep<11>2014 16:12 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1

Document Created: 2018-01-27 00:57:39
Document Modified: 2018-01-27 00:57:39

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		Rules and Regulations
Action		Final rule.
Dates		This rule is effective February 28, 2018.
Contact		If you have questions on this rule, call or email Mr. Jeffrey Stieb, Project Officer, First Coast Guard District, telephone, 617-223-8364, [email protected]
FR Citation		83 FR 3961
RIN Number		1625-AA09

83 FR 3961 - Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 19 (January 29, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard