Drawbridge Operation Regulation; Norwalk River, Norwalk, CT, 45020-45022 [2016-16226]

Download as PDF 45020 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations Docket No. USCG–2016–0073 USCG–2016–0075 USCG–2014–0293 USCG–2016–0071 USCG–2015–1128 USCG–2016–0055 USCG–2015–0530 USCG–2016–0069 USCG–2016–0091 USCG–2016–0101 USCG–2016–0001 USCG–2016–0108 USCG–2015–1077 USCG–2015–1025 USCG–2016–0079 USCG–2016–0030 USCG–2016–0107 USCG–2016–0068 USCG–2015–1130 USCG–2016–0042 USCG–2016–0149 USCG–2016–0105 USCG–2016–0146 USCG–2015–1092 USCG–2016–0059 USCG–2016–0166 USCG–2016–0197 USCG–2016–0089 USCG–2016–0216 USCG–2016–0223 USCG–2016–0006 USCG–2016–0211 USCG–2016–0234 USCG–2014–0797 USCG–2014–0798 USCG–2016–0231 Type ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... ................................... Location Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Special Local Regulation ........................ Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Security Zone .......................................... Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Drawbridges ............................................ Safety Zone ............................................. Safety Zone ............................................. Special Local Regulation ........................ Drawbridges ............................................ Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Security Zone .......................................... Lower Mississippi River .......................... Ventura, CA ............................................ Port Baltimore, MD ................................. Casmalia, CA .......................................... San Francisco, CA .................................. Alton, IL ................................................... Lake Michigan Zone ............................... Chicago, IL .............................................. Los Angeles, CA ..................................... Lower Mississippi River .......................... San Francisco, CA .................................. Los Angeles and San Pedro, CA ........... Brandenton, FL ....................................... Manhattan, NY ........................................ San Pedro, CA ........................................ San Francisco, CA .................................. Ventura, CA ............................................ North Shore Oahu, HI ............................. Santa Beach, FL ..................................... Lower Mississippi River .......................... Pascagoula, MS ...................................... Anaheim Bay, CA ................................... Harbor Ohau, HI ..................................... Nashville, TN ........................................... Sag Harbor, NY ...................................... Urbanna, VA ........................................... Lake Charles, LA .................................... Sacramento, CA ...................................... Orange, TX ............................................. Los Angeles, CA ..................................... Nashville, TN ........................................... San Francisco, CA .................................. Lower Mississippi River .......................... Cathlamnet, WA ...................................... Coos Bay, OR ......................................... Miami, FL ................................................ Dated: June 27, 2016. Rebecca Orban, Acting Chief, Office of Regulations and Administrative Law. [FR Doc. 2016–16345 Filed 7–11–16; 8:45 am] BILLING CODE 9110–04–P 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 Coast Guard, DHS. Final rule. AGENCY: mstockstill on DSK3G9T082PROD with RULES ACTION: 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 SUMMARY: VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 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 Christopher.j.bisignano@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive Order PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Effective date 1/21/2016 1/22/2016 1/22/2016 1/28/2016 1/28/2016 1/29/2016 1/30/2016 1/30/2016 1/31/2016 2/2/2016 2/3/2016 2/5/2016 2/6/2016 2/6/2016 2/6/2016 2/6/2016 2/9/2016 2/10/2016 2/11/2016 2/13/2016 2/13/2016 2/17/2016 2/20/2016 2/24/2016 2/28/2016 2/29/2016 3/8/2016 3/12/2016 3/13/2016 3/17/2016 3/19/2016 3/20/2016 3/22/2016 3/24/2016 3/24/2016 3/24/2016 FR Federal Register NPRM Notice of proposed rulemaking SNPRM Supplemental notice of proposed rulemaking Pub. L. Public Law § 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 E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations comments on the proposed rule, which will be addressed in Section IV, below. mstockstill on DSK3G9T082PROD with RULES 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 VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 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 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 45021 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. E:\FR\FM\12JYR1.SGM 12JYR1 45022 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations E. Unfunded Mandates Reform Act § 117.217 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. 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 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 G. Protest Activities [Docket Number USCG–2016–0462] 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. RIN 1625–AA00 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: mstockstill on DSK3G9T082PROD with RULES PART 117—DRAWBRIDGE OPERATION REGULATIONS 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. 2. Revise § 117.217, paragraph (b), to read as follows: ■ VerDate Sep<11>2014 17:56 Jul 11, 2016 Jkt 238001 Safety Zone; Hudson River, South Nyack and Tarrytown, NY Coast Guard, DHS. Temporary interim final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary moving safety zone for navigable waters of the Hudson River within a 200-yard radius of the LEFT COAST LIFTER crane barge during heavy lift operations. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by heavy lift operations conducted by the crane barge in the vicinity of the Tappan Zee Bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port. DATES: This rule is effective without actual notice from July 12, 2016 through December 31, 2018. For the purposes of enforcement, actual notice will be used SUMMARY: PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 from June 22, 2016 through July 12, 2016. Comments and related material must be received by the Coast Guard on or before August 11, 2016. ADDRESSES: You may submit comments identified by docket number USCG– 2016–0462 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MST1 Kristina Pundt, Waterways Management Division, U.S. Coast Guard; telephone 718–354–4352, email Kristina.H.Pundt@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations COTP Captain of the Port CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking NYSTA New York State Thruway Authority § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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)(B), the Coast Guard finds that good cause exists for not publishing a NPRM with respect to this rule because publishing a NPRM would be impracticable. A delay or cancellation of the currently ongoing bridge project in order to accommodate a full notice and comment period would delay necessary operations, result in increased costs, and delay the date when the bridge is expected to reopen for normal operations. For these reasons, the Coast Guard finds it impracticable to delay this regulation for purposes of a comment period. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable for the same reasons specified above. E:\FR\FM\12JYR1.SGM 12JYR1

Agencies

[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]


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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 Christopher.j.bisignano@uscg.mil.

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