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 (http:// 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: ■ VerDate Sep<11>2014 14:57 Oct 06, 2017 Jkt 244001 § 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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 http://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 E:\FR\FM\10OCP1.SGM 10OCP1 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 VerDate Sep<11>2014 14:57 Oct 06, 2017 Jkt 244001 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 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 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 E:\FR\FM\10OCP1.SGM 10OCP1 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. VerDate Sep<11>2014 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 http:// www.regulations.gov. If your material cannot be submitted using http:// 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 http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// 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 http://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. PO 00000 Frm 00014 Fmt 4702 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 http:// 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 E:\FR\FM\10OCP1.SGM 10OCP1

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 http://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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://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]
 BILLING CODE 9110-04-P