Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT, 3961-3963 [2018-01605]
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Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations
On
December 16, 2017 the California
Department of Transportation reported
that the California Route 160
Drawbridge over Three Mile Slough,
mile 0.1, near Rio Vista, CA suffered a
mechanical failure. The drawspan was
secured in the closed-to-navigation
position due to damaged uphaul/
downhaul wire ropes, wire rope drums
and sheaves. The drawbridge navigation
span provides a vertical clearance of 12
feet above Mean High Water in the
closed-to-navigation position. The draw
opens on signal as required by 33 CFR
117.5. Navigation on the waterway is
commercial and recreational.
The drawspan will be secured in the
closed-to-navigation position from 10:30
a.m. on December 16, 2017, through 11
p.m. on February 23, 2018, to allow the
bridge owner to conduct emergency
repairs. This temporary deviation has
not been coordinated with waterway
users.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
to open for emergencies. The
Sacramento River and San Joaquin River
can be used as alternate routes for
vessels unable to pass through the
bridge in the closed position. The Coast
Guard will also inform the users of the
waterway through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: January 24, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2018–01634 Filed 1–26–18; 8:45 am]
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BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
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,
submitted a request that vessels seeking
an opening of the draw provide a
minimum of four hours advance notice.
It is expected this change to the
regulations will better serve the needs of
the community while satisfying the
reasonable needs of navigation.
DATES: This rule is effective February
28, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0750. 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. Jeffrey Stieb, Project Officer,
First Coast Guard District, telephone,
617–223–8364, Jeffrey.D.Stieb@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On October 10, 2017, we published a
NPRM entitled ‘‘Drawbridge Operation
Regulation; Pequonnock River,
Bridgeport, Connecticut,’’ in the Federal
Register (82 FR 46948). We received
three comments on this rule that are
discussed in Section IV.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The Metro-North Peck Bridge, mile
0.3, across the Pequonnock River at
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Bridgeport, Connecticut, has a vertical
clearance of 26 feet at Mean High Water
and 32 feet at Mean Low Water when
the span is in the closed position.
Vertical clearance is 65 feet when draw
is open. Horizontal clearance is 105 feet.
Waterway users include recreational
and a limited number of small
commercial vessels. The drawbridge
operating regulations are listed at 33
CFR 117.219(b).
The bridge is a component of the
Northeast Corridor, which supports
Metro-North, Amtrak, and freight rail
service. 211 Metro-North commuter
trains alone cross the bridge daily. The
owner of the bridge, the Metro-North
Railroad, requested a change to require
a minimum of four hours of advance
notice to better facilitate the orderly
flow of rail traffic while satisfying the
reasonable needs of navigation. The
Metro-North Railroad also requested to
increase the number of hours the bridge
need not open, except for emergencies,
from 2 hours and 40 minutes to a total
of 8 hours per day with exceptions for
weekends, holidays, and emergencies,
and to extend the allowable delay to an
opening when a train is approaching the
bridge from seven to fifteen minutes.
Allowing the bridge owner to require
such notice will allow for more efficient
and economical operation of the bridge.
The bridge has not received any
requests for an opening in the past four
years.
The Coast Guard believes this change
balances the needs of land-based and
marine traffic as it will enhance railroad
traffic flow without significantly
impacting vessel traffic.
IV. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received three
comments in response to the NPRM. No
changes in the regulatory text were
made in response to the comments. One
comment inquired whether the phone
number for the bridge will be available
other than by viewing the number
posted as the bridge. Bridge openings
can be requested by calling the MetroNorth 24 hour Operations Control
Center (OCC) at 212–340–2050. MetroNorth will contact local waterway users
directly to advise them of the number
and the amended regulation.
A second comment asked how the
amended regulation will be
communicated to the maritime
community. Metro-North will contact
local waterway users directly and the
Coast Guard will publish notice of the
amended regulation and the phone
number for the bridge in the Coast
Guard’s Local Notice to Mariners.
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Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations
A third comment noted that, with
exceptions for weekends, holidays and
emergencies, the time that the bridge
need not open daily, except for
emergencies, has increased from 2 hours
and 40 minutes to a total of 8 hours.
This comment asked whether this
increase will have any impact. The
additional 5 hours and 20 minutes that
the bridge need not open daily is not
expected to have a significant impact.
The bridge has not received any
requests for an opening in the past four
years and there are no businesses
located upstream of the bridge hosting
either vessels or barges that would need
an opening of the draw as a routine
matter. Metro-North will continue to
fully maintain and open the bridge as
needed to keep the bridge in operable
condition.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protesters.
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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 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 Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The Coast Guard has determined this
rule is not a significant regulatory
action. There have been no requested
openings for vessel for the past four
years. The 26 foot vertical clearance
available at Mean High Water when the
bridge is in the closed position is
sufficient to allow a majority of traffic
to pass without an 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
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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 rule
will 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 Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
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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. 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, 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 rule simply
promulgates the operating regulations or
procedures for drawbridges. Normally
such actions are categorically excluded
from further review, under Table 1, L49
of DHS Instruction Manual 023–01–
001–01, Rev. 01. A preliminary Record
of Environmental Consideration and a
Memorandum for the Record are not
required for this rule. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from 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:
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Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations
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. In § 117.219, paragraph (b) is
revised 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.
(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: January 16, 2018.
S.D. Poulin,
Rear Admiral, U. S. Coast Guard,
Commander, First Coast Guard District.
[FR Doc. 2018–01605 Filed 1–26–18; 8:45 am]
2018. This rulemaking will prohibit
persons and vessels from entering the
safety zone unless authorized by the
Captain of the Port Sector New Orleans
(COTP) or a designated representative.
DATES: This rule is effective from 10
p.m. through 11:20 p.m. on February 3,
2018.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2018–0022. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number 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 about this
rulemaking, call or email Lieutenant
Commander (LCDR) Howard K. Vacco,
Sector New Orleans, Waterways
Management Division Chief, U.S. Coast
Guard; telephone 504–365–2281, email
Howard.K.Vacco@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AHP Above Head of Passes
BNM Broadcast Notice of Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector New
Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM Mile Marker
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
BILLING CODE 9110–04–P
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
The Coast Guard is issuing this
temporary final 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
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone by February 3, 2018 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
It is also contrary to the public interest
as it would delay the safety measures
necessary to protect life and property
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0022]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
New Orleans, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters on the Lower
Mississippi River between mile marker
(MM) 95.6 and MM 96.6 Above Head of
Passes (AHP). This safety zone is
necessary to protect persons and vessels
from potential safety hazards associated
with a fireworks display on February 3,
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SUMMARY:
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3963
from the possible hazards associated
with the fireworks display launched
from the waterway. The impacts on
navigation are expected to be minimal
as the safety zone will only be in effect
for a short duration. The Coast Guard
will notify the public and maritime
community that the safety zone will be
in effect and of its enforcement periods
via Broadcast Notice to Mariners (BNM)
and Marine Safety Information Bulletin
(MSIB).
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because the safety zone is
necessary to respond to potential
hazards associated with a fireworks
display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector New Orleans
(COTP) has determined that a temporary
safety zone is necessary to provide for
the safety of life and vessels transiting
the area where the fireworks will be
launched. The fireworks display is
scheduled to take place from 10 p.m.
through 11:20 p.m. on February 3, 2018,
on the navigable waters of the Lower
Mississippi River at New Orleans, LA.
IV. Discussion of the Rule
This rule establishes a safety zone
from 10 p.m. to 11:20 p.m. on February
3, 2018. The safety zone would cover all
navigable waters of the Lower
Mississippi River (LMR) between Mile
Marker (MM) 95.6 and MM 96.6 Above
Head of Passes (AHP) in New Orleans,
LA. The duration of the zone is
intended to ensure the safety of vessels
on these navigable waters before,
during, and after the scheduled
fireworks display. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans. Vessels requiring entry into
this safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67. Persons
and vessels permitted to enter this
safety zone must transit at their slowest
safe speed and comply with all lawful
directions issued by the COTP or the
designated representative.
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]]>Agencies
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Rules and Regulations]
[Pages 3961-3963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01605]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing 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, submitted a request that vessels seeking an opening of the
draw provide a minimum of four hours advance notice. It is expected
this change to the regulations will better serve the needs of the
community while satisfying the reasonable needs of navigation.
DATES: This rule is effective February 28, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0750. 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. Jeffrey Stieb, Project Officer, First Coast Guard
District, telephone, 617-223-8364, [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On October 10, 2017, we published a NPRM entitled ``Drawbridge
Operation Regulation; Pequonnock River, Bridgeport, Connecticut,'' in
the Federal Register (82 FR 46948). We received three comments on this
rule that are discussed in Section IV.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
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 the span is in the closed
position. Vertical clearance is 65 feet when draw is open. Horizontal
clearance is 105 feet. Waterway users include recreational and a
limited number of small commercial vessels. The drawbridge operating
regulations are listed at 33 CFR 117.219(b).
The bridge is a component of the Northeast Corridor, which supports
Metro-North, Amtrak, and freight rail service. 211 Metro-North commuter
trains alone cross the bridge daily. The owner of the bridge, the
Metro-North Railroad, requested a change to require a minimum of four
hours of advance notice to better facilitate the orderly flow of rail
traffic while satisfying the reasonable needs of navigation. The Metro-
North Railroad also requested to increase the number of hours the
bridge need not open, except for emergencies, from 2 hours and 40
minutes to a total of 8 hours per day with exceptions for weekends,
holidays, and emergencies, and to extend the allowable delay to an
opening when a train is approaching the bridge from seven to fifteen
minutes. Allowing the bridge owner to require such notice will allow
for more efficient and economical operation of the bridge. The bridge
has not received any requests for an opening in the past four years.
The Coast Guard believes this change balances the needs of land-
based and marine traffic as it will enhance railroad traffic flow
without significantly impacting vessel traffic.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard received three comments in response to the NPRM. No
changes in the regulatory text were made in response to the comments.
One comment inquired whether the phone number for the bridge will be
available other than by viewing the number posted as the bridge. Bridge
openings can be requested by calling the Metro-North 24 hour Operations
Control Center (OCC) at 212-340-2050. Metro-North will contact local
waterway users directly to advise them of the number and the amended
regulation.
A second comment asked how the amended regulation will be
communicated to the maritime community. Metro-North will contact local
waterway users directly and the Coast Guard will publish notice of the
amended regulation and the phone number for the bridge in the Coast
Guard's Local Notice to Mariners.
[[Page 3962]]
A third comment noted that, with exceptions for weekends, holidays
and emergencies, the time that the bridge need not open daily, except
for emergencies, has increased from 2 hours and 40 minutes to a total
of 8 hours. This comment asked whether this increase will have any
impact. The additional 5 hours and 20 minutes that the bridge need not
open daily is not expected to have a significant impact. The bridge has
not received any requests for an opening in the past four years and
there are no businesses located upstream of the bridge hosting either
vessels or barges that would need an opening of the draw as a routine
matter. Metro-North will continue to fully maintain and open the bridge
as needed to keep the bridge in operable condition.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
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 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 Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The Coast Guard has determined this rule is not a significant
regulatory action. There have been no requested openings for vessel for
the past four years. The 26 foot vertical clearance available at Mean
High Water when the bridge is in the closed position is sufficient to
allow a majority of traffic to pass without an 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 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 rule will 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 Executive Order
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. 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, 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
rule simply promulgates the operating regulations or procedures for
drawbridges. Normally such actions are categorically excluded from
further review, under Table 1, L49 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A preliminary Record of Environmental Consideration
and a Memorandum for the Record are not required for this rule. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from 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:
[[Page 3963]]
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. In Sec. 117.219, paragraph (b) is revised 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: January 16, 2018.
S.D. Poulin,
Rear Admiral, U. S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2018-01605 Filed 1-26-18; 8:45 am]
BILLING CODE 9110-04-P
