[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45020-45022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16226]
-----------------------------------------------------------------------
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