[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35241-35243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15190]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2015-0218]
RIN 1625-AA09
Drawbridge Operation Regulation; Niantic River, Niantic, CT
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Amtrak Bridge, mile 0.0, at Niantic, Connecticut. The
bridge owner, National Railroad Passenger Company (Amtrak), submitted a
request to remove the special drawbridge operation regulation because
the bridge now opens on signal at all times. 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 June 19, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0218. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type in the
docket number in the ``Search.'' box and click ``SEARCH.'' Click Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District Bridge Branch, 212-514-4330, [email protected]. If you
have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory History and Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Amtrak Bridge, that once required
draw operations in 33 CFR 117.215(a), now opens on signal at all times;
therefore, the regulation is no longer applicable and shall be removed
from publication. It is unnecessary to publish an NPRM because this
regulatory action does not
[[Page 35242]]
purport to place any restrictions on mariners but rather removes a
restriction that has no further use or value.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been opening on
signal at all times for many years and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary. The
removal of the regulation will not affect mariners currently operating
on this waterway. Therefore, a delayed effective date is unnecessary.
A. Basis and Purpose
The Amtrak Bridge at mile 0.0, across the Niantic River, at
Niantic, Connecticut, has a vertical clearance of 16 feet at mean high
water and 19 feet at mean low water. The drawbridge operation
regulations are listed at 33 CFR 117.215(a).
The waterway users are commercial and seasonal recreational vessels
of various sizes.
The owner of the bridge, Amtrak, submitted a request to the Coast
Guard to change the drawbridge operating regulations that presently
allows the bridge to open on signal; except that, from April 1 through
October 31, from 8 p.m. to 4 a.m. and from November 1 through March 31
from 6 p.m. to 6 a.m., the draw shall open on signal if at least one
hour notice is given.
When a train is scheduled cross the bridge without stopping has
entered the drawbridge block, a delay in opening the draw may occur
until the train has cleared the block.
Under this final rule the Amtrak Bridge will open on signal at all
times; however, the paragraph that refers to any delay in opening the
draw should a train be within the drawbridge block shall remain in
effect.
B. Discussion of Final Rule
The Amtrak Bridge has been opening on signal at all times for many
years despite the requirement in the drawbridge operation regulation
listed at 33 CFR 117.215(a) to provide a one hour advance notice at
certain times of year.
The owner of the bridge requested the regulation for the Amtrak
Bridge be changed to reflect the present operation of the bridge, to
open on signal at all times.
C. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. We believe that this rule is not a
significant regulatory action because the changes to the regulation
will remove the advanced notice burden for mariners at all times.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The 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.
This rule will have no effect on small entities for the following
reason: The Amtrak Bridge will open on signal at all times.
3. Assistance for Small Entities
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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on 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 does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and
[[Page 35243]]
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
order 13211, Actions Concerns Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 concluded
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 rule is categorically excluded, 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.
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. In Sec. 33 CFR 117.215, revise paragraph (a) to read as follows:
Sec. 117.215 Niantic River.
(a) The draw of the Amtrak Bridge, mile 0.0, at Niantic, shall open
on signal at all times. When a train scheduled to cross the bridge
without stopping has entered the drawbridge block, a delay in opening
the draw may occur until the train has cleared the block. The delay
should not exceed 10 minutes.
* * * * *
Dated: June 9, 2015.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2015-15190 Filed 6-18-15; 8:45 am]
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