[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Proposed Rules]
[Pages 5291-5293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01707]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0518]
RIN 1625-AA09
Drawbridge Operation Regulation; Saugatuck River, Westport, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Metro-North (SAGA) Bridge, across the Saugatuck River, mile
1.1, at Westport, CT. The bridge owner, Metro-North (MNR), submitted a
request on May 5, 2022 to modify the regulation to align with the
Metro-North ``WALK'' Bridge train schedule and avoid bridge openings
during peak transit hours. It is expected that this change to the
regulations will better serve the needs of the community while
continuing to meet the reasonable needs of navigation. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before February 27, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0518 using Federal Decision Making Portal at https://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 Ms. Stephanie E. Lopez, First Coast Guard District,
Project Officer, telephone 212-514-4335, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MNR Metro North
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Metro-North (SAGA) Bridge at mile 1.1, across the Saugutck
River, Westport, CT, has a vertical clearance of 13 feet at mean high
water and a horizontal clearance of 57 feet. Waterway users include
recreational and commercial vessels, including fishing vessels.
The existing drawbridge operating regulations are listed at 33 CFR
117.221(b).
MNR is requesting the modification of the requirements in 33 CFR
part 117.221(b) to align with the existing requirements for the Metro-
North ``WALK'' Bridge, across the Norwalk River, at mile 0.1.
The SAGA Bridge is located at one of the busiest rail segments in
the United States and the Northeast Corridor. Openings at the SAGA
Bridge, between the calendar years of 2019 and 2021, resulted in five
(5) delays to MNR train service. A delay due to a bridge opening has
cascading affects, resulting in multiple delayed and late trains.
Delays due to the openings of SAGA Bridge were notably high among the
drawbridges on MNR service territory. Aligning the SAGA Bridge
regulation with the WALK Bridge regulation 33
[[Page 5292]]
CFR 117.217(b), provides a balance between railroad operations and the
interest of waterway users.
III. Discussion of Proposed Rule
The proposed rule provides the draw to open on signal between 4:30
a.m. and 9 p.m. after at least a two-hour advance notice is given via
marine radio or telephone; except that from 5:45 through 9:45 a.m. and
from 4 through 8 p.m. 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 via marine
radio or telephone. 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. The reason for these changes
is to minimize train delays while balancing the needs of waterway
users.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. A summary of our analyses
based on these statutes and Executive Orders follows.
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. 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).
This regulatory action determination is based on the ability of
vessels to still transit the bridge given advanced notice.
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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A.
above, this proposed rule would not have 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
section. 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 Governments
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 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.
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 rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this 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
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document to which each comment applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit comments through the Federal Decision
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0518 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If your material
cannot be submitted using https://www.regulations.gov, contact the
person in the FOR FURTHER INFORMATION CONTACT section of this document
for alternate instructions.
To view documents mentioned in this proposed rule as being
available in the docket, find the docket as described in the previous
paragraph, and then select ``Supporting & Related Material'' in the
Document Type column. Public comments will also be placed in our online
docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the proposed rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive. 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 of any
posting or updates to the docket.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
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. 117.221 (b) to read as follows:
Sec. 117.221 Saugatuck River.
* * * * *
(b) The draw of the Metro-North ``SAGA'' bridge, mile 1.1 at
Saugatuck, 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 through 9:45 a.m. and from 4 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: January 8, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-01707 Filed 1-26-23; 8:45 am]
BILLING CODE 9110-04-P