Drawbridge Operation Regulation; Niantic River, Niantic, CT, 43093-43095 [2019-17937]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Proposed Rules]
[Pages 43093-43095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17937]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0545]
RIN 1625-AA09


Drawbridge Operation Regulation; Niantic River, Niantic, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to modify the operating schedule 
that governs the S156 Bridge across the Niantic River, mile 0.1 at 
Niantic, CT. The bridge owner, the Connecticut Department of 
Transportation, submitted a request to allow six hours' notice for 
night time transits during the months of November and April due to 
infrequent bridge openings. This proposed rule would align the 
regulations for the S156 Bridge with other Connecticut Department of 
Transportation bridges.

DATES: Comments and related material must reach the Coast Guard on or 
before October 21, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0545 using the 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. Jeffrey Stieb, First Coast Guard District 
Bridge Management Specialist; telephone 617-223-8364, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
CT DOT Connecticut Department of Transportation
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The S156 Bridge at mile 0.1 over the Niantic River at Niantic, 
Connecticut, has a vertical clearance of 9 feet at mean high water and 
12 feet at mean low water. Vertical clearance is unlimited when the 
draw is open. Horizontal clearance is approximately 65 feet. Waterway 
users include recreational and small commercial vessels.
    The existing regulation, 33 CFR 117.215(b), requires that from 
December 1 through March 31, from 8 p.m. to 4 a.m. the draw shall open 
on signal if at least six hours' notice is given. CT DOT has requested 
that the start of the winter schedule begin one month sooner and end 
one month later than presently allowed by the regulation. This rule 
change will align the winter operation and staffing of the three CT DOT 
drawbridges located in the same operational area by extending the range 
of months during which six hours' notice is required to include 
November and April. This rule change will allow for more efficient and 
economic operation of the bridge while meeting the reasonable needs of 
navigation.

III. Discussion of Proposed Rule

    The bridge logs show that during the last three years only three 
requests to open occurred between 8 p.m. and 4 a.m. in November and no 
request to open were received between 8 p.m. and 4 a.m. in April. None 
of the requests were from commercial vessels. CT DOT and the Coast 
Guard have conducted outreach to stakeholders with no objections 
received. The Coast Guard proposes to permanently modify the operating 
regulation.
    The proposed rule would provide that, from November 1 through April 
30, between the hours of 8:00 p.m. and 4:00 a.m., the draw shall open 
on signal if at least six hours' notice is given. It is our opinion 
that the proposed rule meets reasonable needs of marine traffic.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses

[[Page 43094]]

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.
    This regulatory action determination is based on the fact that only 
three vessel transits would have been affected over the past three 
years. We believe that this proposed change to the drawbridge operation 
regulation at 33 CFR 117.215(b) will meet the reasonable needs of 
navigation.

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.
    The bridge will continue to open on signal with six hours' notice 
between the hours of 8 p.m. and 4 a.m. during the months of November 
and April. Based on the last three years of records, an average of one 
vessel annually will be affected by the proposed change.
    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 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 Environmental Planning 
COMDTINST 5090.1 (series), which guide the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321-4370f), 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 paragraph L49 of Chapter 3, Table 
3-1 of U.S. Coast Guard Environmental Planning Implementing Procedures 
5090.1A 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.

[[Page 43095]]

    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 website'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.  117.215(b) to read as follows:


Sec.  117.215  Niantic River.

* * * * *
    (b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall open 
on signal; except that, from 7 a.m. to 8 a.m., and 4 p.m. to 5 p.m., 
Monday through Friday, except holidays, the draw shall open only for 
the passage of commercial vessels. From November 1 through April 30, 
from 8 p.m. to 4 a.m., the draw shall open on signal if at least six 
hours' notice is given by calling the number posted at the bridge.

    Dated: July 26, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-17937 Filed 8-19-19; 8:45 am]
 BILLING CODE 9110-04-P