Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT, 46948-46950 [2017-21773]
Download as PDF
46948
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules
Executive Order 12866. As a result this
rule was not reviewed by the Office of
Management and Budget.
X. Document Availability
In addition to publishing the full text
of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
From the Commission’s Home Page
on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
83. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
XI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
the publication of this proposed rule.
List of Subjects in 10 CFR Part 35
Electric power rates, electric utilities,
reporting and recordkeeping
requirements.
Issued in Washington, DC, on September
29, 2017.
Rick Perry,
Secretary of Energy.
Pmangrum on DSK3GDR082PROD with PROPOSALS
For the reasons stated in the
preamble, DOE proposes that FERC
amend part 35, chapter I of title 18,
subchapter B, Code of Federal
Regulations as set forth below:
PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
1. The authority citation for part 35
continues to read as follows:
■
Authority: 16 U.S.C. 791a–825r; 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
2. Section 35.28 is amended by adding
paragraph (g)(10) to read as follows:
■
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§ 35.28 Non-discriminatory open access
transmission tariff.
*
*
*
*
(g) * * *
(10) Pricing eligible grid reliability
and resiliency resources.
(i) Definition of eligible grid reliability
and resiliency resources. An eligible
grid reliability and resiliency resource is
any resource that:
(A) Is an electric generation resource
physically located within a
Commission-approved independent
system operator or regional transmission
organization;
(B) Is able to provide essential energy
and ancillary reliability services,
including but not limited to voltage
support, frequency services, operating
reserves, and reactive power;
(C) Has a 90-day fuel supply on site
enabling it to operate during an
emergency, extreme weather conditions,
or a natural or man-made disaster;
(D) Is compliant with all applicable
federal, state, and local environmental
laws, rules, and regulations; and
(E) Is not subject to cost of service rate
regulation by any state or local
regulatory authority.
(ii) Scope of application. The
requirements of this rule shall apply to
Commission-approved independent
system operators or regional
transmission organizations with energy
and capacity markets and a tariff that
contains a day-ahead and a real-time
market or the functional equivalent. The
application of this rule must be
consistent between the day-ahead and
real-time markets.
(iii) Reliability and resiliency rate. (A)
Each Commission-approved
independent system operator or regional
transmission organization shall
establish a tariff that provides a just and
reasonable rate for the—
(1) Purchase of electric energy from an
eligible reliability and resiliency
resource; and
(2) recovery of costs and a return on
equity for such resource dispatched
during grid operations.
(B) The just and reasonable rate shall
include pricing to ensure that each
eligible resource is fully compensated
for the benefits and services it provides
to grid operations, including reliability,
resiliency and on-site fuel-assurance,
and that each eligible resource recovers
its fully allocated costs and a fair return
on equity.
(iv) Reliability and resiliency costs.
Compensable costs shall include, but
not be limited to, operating and fuel
expenses, costs of capital and debt, and
a fair return on equity and investment.
DEPARTMENT OF HOMELAND
SECURITY
*
[FR Doc. 2017–21396 Filed 10–6–17; 8:45 am]
BILLING CODE 6717–01–P
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0750]
RIN 1625–AA09
Drawbridge Operation Regulation;
Pequonnock River, Bridgeport, CT
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify 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, has
submitted a request that vessels seeking
an opening of the draw submit a
minimum of four hours of advance
notice. It is expected this change to the
regulations will better serve the needs of
the public, particularly commuters and
commercial interests utilizing the
Northeast Corridor rail spur, while
continuing to meet the reasonable needs
of navigation.
DATES: Comments and related material
must reach the Coast Guard on or before
November 9, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0750 using Federal eRulemaking
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.
SUMMARY:
If
you have questions on this proposed
rule, call or email Mr. James Moore,
Project Officer, First Coast Guard
District, telephone 212–514–4334, email
James.M.Moore2@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
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
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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules
Pmangrum on DSK3GDR082PROD with PROPOSALS
the span is in the closed position.
Vertical clearance is 65 feet when the
draw is open. Horizontal clearance is
105 feet. Waterway users include
recreational and a limited number of
small commercial vessels.
The existing drawbridge regulation in
33 CFR 117.219(b) has been in effect
since September 13, 2010. The owner of
the bridge, Metro-North Railroad,
requested a change to the drawbridge
operating regulations in order to better
facilitate the orderly flow of rail traffic
while still satisfying the reasonable
needs of navigation. Specifically, MetroNorth Railroad seeks to modify the
‘‘open on signal’’ requirement
associated with the existing regulation.
Under the proposed rule, mariners
would be expected to provide a
minimum four hours advance notice if
an opening is necessary. Additionally,
the bridge owner requested to extend
the allowable delay to an opening when
a train is approaching the bridge. The
bridge is a component of the Northeast
Corridor, which supports Metro-North,
Amtrak and freight rail service. Of note,
the bridge has not received any requests
for an opening in the past four years;
meanwhile, approximately 211 MetroNorth commuter trains alone proceed
across the bridge daily. It is reasoned
that rail traffic will be able to proceed
in a more expeditious and predictable
manner if the draw of the bridge is not
required to open on signal.
III. Discussion of Proposed Rule
Bridge logs submitted for review by
Metro North Railroad substantiate the
bulk of bridge openings since 2015 have
been undertaken for no more than test
purposes. Over the course of the past
decade the Pequonnock River has seen
a marked decrease in the volume of
commercial vessel traffic utilizing the
waterway. There are presently no
businesses located upstream of the
bridge hosting either vessels and/or
barges that would require an opening of
the draw as a routine matter. Nor does
it appear likely that planned
development of the City of Bridgeport’s
waterfront will involve ventures
requiring moorings for commercial
vessels. Based on this evidence as well
as discussion with the bridge owner, the
Coast Guard proposes to permanently
change the drawbridge operating
regulation 33 CFR 117.219(b).
The proposed rule at 33 CFR
117.219(b) would allow the Metro-North
Peck Bridge to open in the following
manner: ‘‘The draw of the Metro-North
Peck Bridge at mile 0.3, at Bridgeport,
shall operate as follows: The draw shall
open on signal between 5:45 a.m. to 9
p.m. if at least four hours advance
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14:57 Oct 06, 2017
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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. From 9 p.m. to 5:45
a.m., the draw shall open on signal if at
least an eight hour notice is given. 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. Requests for bridge openings may
be made by calling the telephone
number posted at the bridge.’’
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
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 13771 directs agencies
to control regulatory costs through a
budgeting process. 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) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
The Coast Guard believes this rule is
not a significant regulatory action.
Mariners have not requested an opening
of the draw for passage of a vessel
within the past four years. Revision of
the present regulation will allow for
more efficient and economical operation
of the span while still serving the
reasonable needs of navigation based on
present waterway usage trends. The
minimum 26 feet of vertical clearance at
mean high water when the bridge is in
the closed position is sufficient to allow
vessels utilizing the Pequonnock River
to safety and expeditiously pass through
the draw without 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
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46949
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.
For the reasons states and Sections III
and IV above, this proposed rule will
not pose 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, above. 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
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 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
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46950
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules
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 above.
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.
Pmangrum on DSK3GDR082PROD with PROPOSALS
F. Environment
We have analyzed this proposed 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 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 proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under figure 2–1, paragraph
(32)(e), of the Instruction.
A preliminary Record of
Environmental Consideration and a
Memorandum for the Record are not
required for this proposed 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.
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14:57 Oct 06, 2017
Jkt 244001
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
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. 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.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. 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.
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
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 § 117.219(b) to read as
follows:
■
§ 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.
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Sfmt 4702
(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: September 22, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2017–21773 Filed 10–6–17; 8:45 am]
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2017–13; Order No. 4141]
Periodic Reporting
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is noticing a
recent filing requesting that the
Commission initiate an informal
rulemaking proceeding to consider
changes to an analytical method for use
in periodic reporting (Proposal Nine).
This document informs the public of the
filing, invites public comment, and
takes other administrative steps.
DATES: Comments are due: November
21, 2017.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Proposal Nine
III. Notice and Comment
IV. Ordering Paragraphs
I. Introduction
On September 29, 2017, the Postal
Service filed a petition pursuant to 39
CFR 3050.11 requesting that the
Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to periodic
reports and compliance
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Agencies
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Proposed Rules]
[Pages 46948-46950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21773]
=======================================================================
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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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify 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, has submitted a request that vessels seeking an opening of
the draw submit a minimum of four hours of advance notice. It is
expected this change to the regulations will better serve the needs of
the public, particularly commuters and commercial interests utilizing
the Northeast Corridor rail spur, while continuing to meet the
reasonable needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before November 9, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0750 using Federal eRulemaking 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 Mr. James Moore, Project Officer, First Coast Guard
District, telephone 212-514-4334, email James.M.Moore2@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
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
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
[[Page 46949]]
the span is in the closed position. Vertical clearance is 65 feet when
the draw is open. Horizontal clearance is 105 feet. Waterway users
include recreational and a limited number of small commercial vessels.
The existing drawbridge regulation in 33 CFR 117.219(b) has been in
effect since September 13, 2010. The owner of the bridge, Metro-North
Railroad, requested a change to the drawbridge operating regulations in
order to better facilitate the orderly flow of rail traffic while still
satisfying the reasonable needs of navigation. Specifically, Metro-
North Railroad seeks to modify the ``open on signal'' requirement
associated with the existing regulation. Under the proposed rule,
mariners would be expected to provide a minimum four hours advance
notice if an opening is necessary. Additionally, the bridge owner
requested to extend the allowable delay to an opening when a train is
approaching the bridge. The bridge is a component of the Northeast
Corridor, which supports Metro-North, Amtrak and freight rail service.
Of note, the bridge has not received any requests for an opening in the
past four years; meanwhile, approximately 211 Metro-North commuter
trains alone proceed across the bridge daily. It is reasoned that rail
traffic will be able to proceed in a more expeditious and predictable
manner if the draw of the bridge is not required to open on signal.
III. Discussion of Proposed Rule
Bridge logs submitted for review by Metro North Railroad
substantiate the bulk of bridge openings since 2015 have been
undertaken for no more than test purposes. Over the course of the past
decade the Pequonnock River has seen a marked decrease in the volume of
commercial vessel traffic utilizing the waterway. There are presently
no businesses located upstream of the bridge hosting either vessels
and/or barges that would require an opening of the draw as a routine
matter. Nor does it appear likely that planned development of the City
of Bridgeport's waterfront will involve ventures requiring moorings for
commercial vessels. Based on this evidence as well as discussion with
the bridge owner, the Coast Guard proposes to permanently change the
drawbridge operating regulation 33 CFR 117.219(b).
The proposed rule at 33 CFR 117.219(b) would allow the Metro-North
Peck Bridge to open in the following manner: ``The draw of the Metro-
North Peck Bridge at mile 0.3, at Bridgeport, shall operate as follows:
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. From 9 p.m. to 5:45 a.m., the draw shall open on
signal if at least an eight hour notice is given. 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.
Requests for bridge openings may be made by calling the telephone
number posted at the bridge.''
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
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 13771 directs agencies to control
regulatory costs through a budgeting process. 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) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
The Coast Guard believes this rule is not a significant regulatory
action. Mariners have not requested an opening of the draw for passage
of a vessel within the past four years. Revision of the present
regulation will allow for more efficient and economical operation of
the span while still serving the reasonable needs of navigation based
on present waterway usage trends. The minimum 26 feet of vertical
clearance at mean high water when the bridge is in the closed position
is sufficient to allow vessels utilizing the Pequonnock River to safety
and expeditiously pass through the draw without 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 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.
For the reasons states and Sections III and IV above, this proposed
rule will not pose 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, above. 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 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 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
[[Page 46950]]
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 above.
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 proposed 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 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 proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
Normally such actions are categorically excluded from further review,
under figure 2-1, paragraph (32)(e), of the Instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this proposed 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 document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. 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.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. 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.
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. 117.219(b) 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: September 22, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-21773 Filed 10-6-17; 8:45 am]
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