Drawbridge Operation Regulation; Saugatuck River, Westport, CT, 5291-5293 [2023-01707]
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khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Proposed Rules
074°22′49″ W; thence southwest along
the shoreline to latititude 39°23′49″ N,
longitude 074°23′33″ W; thence across
the Bonita Tideway to the shoreline at
latitude 39°23′43″ N, longitude
074°23′33″ W; thence north along the
shoreline to the point of origin.
(b) Definitions. The following
definitions apply to this section:
Captain of the Port Representative or
COTP Representative means a
commissioned, warrant, or petty officer
of the Coast Guard designated by name
by the Captain of the Port to verify an
event’s compliance with the conditions
of its approved permit.
Event Patrol Commander or Event
PATCOM means any vessel assigned or
approved by the respective Captain of
the Port with a commissioned, warrant,
or petty officer on board and displaying
a Coast Guard ensign, or any state or
local law enforcement vessel approved
by the Captain of the Port in accordance
with current local agreements.
Non-participant means a person or a
vessel not registered with the event
sponsor either as a participant or an
official patrol vessel.
Official patrol vessel or official patrol
means any vessel assigned or approved
by the respective Captain of the Port
with a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign, or any state or local law
enforcement vessel approved by the
Captain of the Port in accordance with
current local agreements.
Participant means any person or
vessel registered with the event sponsor
as participating in the event or
otherwise designated by the event
sponsor as having a function tied to the
event.
(c) Patrol of the marine event. The
COTP may assign one or more official
patrol vessels, as described in § 100.40,
to the regulated event. The Event
PATCOM will be designated to oversee
the patrol. The patrol vessel and the
Event PATCOM may be contacted on
VHF–FM Channel 16. The Event
PATCOM may terminate the event, or
the operation of any vessel participating
in the marine event, at any time if
deemed necessary for the protection of
life or property.
(d) Special local regulations—(1)
Controls on vessel movement. The Event
PATCOM or official patrol vessel may
forbid and control the movement of all
persons and vessels in the regulated
area(s). When hailed or signaled by an
official patrol vessel, the person or
vessel being hailed must immediately
comply with all directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
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(2) Directions, instructions, and
minimum speed necessary. (i) The
operator of a vessel in the regulated area
must stop the vessel immediately when
directed to do so by an official patrol
vessel and then proceed only as
directed.
(ii) A person or vessel must comply
with all instructions of the Event
PATCOM or official patrol vessel.
(iii) A non-participant must contact
the Event PATCOM or an official patrol
vessel to request permission to either
enter or pass through the regulated area.
If permission is granted, the nonparticipant may enter or pass directly
through the regulated area as instructed
by the Event PATCOM or official patrol
vessel at a minimum speed necessary to
maintain a safe course that minimizes
wake and without loitering.
(3) Postponement or cancellation. The
COTP, or Event PATCOM may postpone
or cancel a marine event at any time if,
in the COTP’s sole discretion, the COTP
determines that cancellation is
necessary for the protection of life or
property.
(e) Enforcement periods. This section
is subject to enforcement from 4 to 6:30
p.m. on April 1, 2023, and from 8:30
a.m. to 12:30 p.m. on April 2, 2023.
Dated: January 23, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2023–01705 Filed 1–26–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0518]
RIN 1625–AA09
Drawbridge Operation Regulation;
Saugatuck River, Westport, CT
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Metro-North (SAGA) Bridge,
across the Saugatuck River, mile 1.1, at
Westport, CT. The bridge owner, MetroNorth (MNR), submitted a request on
May 5, 2022 to modify the regulation to
align with the Metro-North ‘‘WALK’’
Bridge train schedule and avoid bridge
openings during peak transit hours. It is
expected that this change to the
regulations will better serve the needs of
the community while continuing to
SUMMARY:
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5291
meet the reasonable needs of navigation.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
February 27, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0518 using Federal Decision
Making 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.
If
you have questions on this proposed
rule, call or email Ms. Stephanie E.
Lopez, First Coast Guard District,
Project Officer, telephone 212–514–
4335, email Stephanie.E.Lopez@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MNR Metro North
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Metro-North (SAGA) Bridge at
mile 1.1, across the Saugutck River,
Westport, CT, has a vertical clearance of
13 feet at mean high water and a
horizontal clearance of 57 feet.
Waterway users include recreational
and commercial vessels, including
fishing vessels.
The existing drawbridge operating
regulations are listed at 33 CFR
117.221(b).
MNR is requesting the modification of
the requirements in 33 CFR part
117.221(b) to align with the existing
requirements for the Metro-North
‘‘WALK’’ Bridge, across the Norwalk
River, at mile 0.1.
The SAGA Bridge is located at one of
the busiest rail segments in the United
States and the Northeast Corridor.
Openings at the SAGA Bridge, between
the calendar years of 2019 and 2021,
resulted in five (5) delays to MNR train
service. A delay due to a bridge opening
has cascading affects, resulting in
multiple delayed and late trains. Delays
due to the openings of SAGA Bridge
were notably high among the
drawbridges on MNR service territory.
Aligning the SAGA Bridge regulation
with the WALK Bridge regulation 33
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Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Proposed Rules
CFR 117.217(b), provides a balance
between railroad operations and the
interest of waterway users.
III. Discussion of Proposed Rule
The proposed rule provides the draw
to open on signal between 4:30 a.m. and
9 p.m. after at least a two-hour advance
notice is given via marine radio or
telephone; except that from 5:45
through 9:45 a.m. and from 4 through 8
p.m. From 9 p.m. through 4:30 a.m. the
draw shall open on signal after at least
a four-hour advance notice is given via
marine radio or telephone. A delay in
opening the draw not to exceed 10
minutes may occur when a train
scheduled to cross the bridge without
stopping has entered the drawbridge
lock. The reason for these changes is to
minimize train delays while balancing
the needs of waterway users.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
A summary of our analyses based on
these statutes and Executive Orders
follows.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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.
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).
This regulatory action determination
is based on the ability of vessels to still
transit the bridge given advanced notice.
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.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section IV.A. above, this
proposed rule would not have a
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16:09 Jan 26, 2023
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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 section. 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
Governments
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.
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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 rule under
Department of Homeland Security
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
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). The Coast Guard has determined
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule 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 the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this 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
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Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Proposed Rules
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal Decision
Making Portal at https://
www.regulations.gov. To do so, go to
https://www.regulations.gov, type
USCG–2022–0518 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. 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.
To view documents mentioned in this
proposed rule as being available in the
docket, find the docket as described in
the previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
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 of any
posting or updates to the docket.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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:
khammond on DSKJM1Z7X2PROD with PROPOSALS
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.221 (b) to read as
follows:
§ 117.221
*
*
Saugatuck River.
*
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*
*
16:09 Jan 26, 2023
Jkt 259001
Dated: January 8, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2023–01707 Filed 1–26–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0519]
RIN 1625–AA09
Drawbridge Operation Regulation;
Housatonic River, Stratford, CT
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Metro-North (Devon)
Bridge, across the Housatonic River,
mile 3.9, at Stratford, CT.
The bridge owner, Metro-North
(MNR), submitted a request on May 5,
2022 to modify the regulation by
aligning with the Metro-North ‘‘WALK’’
Bridge train schedule and avoid bridge
openings during peak transit hours. It is
expected that this change to the
regulations will better serve the needs of
the community while continuing to
meet the reasonable needs of navigation.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
February 27, 2023.
SUMMARY:
List of Subjects in 33 CFR Part 117
■
(b) The draw of the Metro-North
‘‘SAGA’’ bridge, mile 1.1 at Saugatuck,
shall operate as follows:
(1) The draw shall open on signal
between 4:30 a.m. and 9 p.m. after at
least a two-hour advance notice is given;
except that, from 5:45 through 9:45 a.m.
and from 4 through 8 p.m., Monday
through Friday excluding holidays, the
draw need not open for the passage of
vessel traffic unless an emergency
exists.
(2) From 9 p.m. through 4:30 a.m. the
draw shall open on signal after at least
a four-hour advance notice is given.
(3) A delay in opening the draw not
to exceed 10 minutes may occur when
a train scheduled to cross the bridge
without stopping has entered the
drawbridge lock.
(4) Requests for bridge openings may
be made by calling the bridge via marine
radio VHF FM Channel 13 or the
telephone number posted at the bridge.
*
*
*
*
*
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5293
You may submit comments
identified by docket number USCG–
2022–0519 using the Federal Decision
Making 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 Ms. Stephanie E.
Lopez, First Coast Guard District,
Project Officer, telephone 212–514–
4335, email Stephanie.E.Lopez@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MNR Metro North
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Metro-North (Devon) Bridge at
mile 3.9, across the Housatonic River,
Stratford, CT, has a vertical clearance of
19 feet at mean high water and a
horizontal clearance of approximately
83 feet. Waterway users include
recreational and commercial vessels,
including fishing vessels.
The existing drawbridge operating
regulations are listed at 33 CFR
117.207(b).
MNR is requesting the modification of
the requirements in 33 CFR part 117.207
to align with the existing requirements
for the Metro-North ‘‘WALK’’ Bridge,
across the Norwalk River, at mile 0.1.
The Devon Bridge is located at one of
the busiest rail segments in the United
States and the Northeast Corridor.
Openings at Devon Bridge, between the
calendar years of 2019 and 2021,
resulted in twenty-one (21) delays to
MNR train service. A delay due to a
bridge opening has cascading affects,
resulting in multiple delayed and late
trains. Delays due to the openings of
Devon Bridge were notably high among
the drawbridges on MNR service
territory. Aligning the Devon Bridge
regulation with the WALK Bridge
regulation 33 CFR 117.217 (b), provides
a balance between railroad operations
and the interest of waterway users.
III. Discussion of Proposed Rule
The proposed rule provides the draw
to open on signal between 4:30 a.m. and
9 p.m. after at least a two-hour advance
E:\FR\FM\27JAP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Proposed Rules]
[Pages 5291-5293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01707]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0518]
RIN 1625-AA09
Drawbridge Operation Regulation; Saugatuck River, Westport, 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 (SAGA) Bridge, across the Saugatuck River, mile
1.1, at Westport, CT. The bridge owner, Metro-North (MNR), submitted a
request on May 5, 2022 to modify the regulation to align with the
Metro-North ``WALK'' Bridge train schedule and avoid bridge openings
during peak transit hours. It is expected that this change to the
regulations will better serve the needs of the community while
continuing to meet the reasonable needs of navigation. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before February 27, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0518 using Federal Decision Making 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 Ms. Stephanie E. Lopez, First Coast Guard District,
Project Officer, telephone 212-514-4335, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MNR Metro North
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Metro-North (SAGA) Bridge at mile 1.1, across the Saugutck
River, Westport, CT, has a vertical clearance of 13 feet at mean high
water and a horizontal clearance of 57 feet. Waterway users include
recreational and commercial vessels, including fishing vessels.
The existing drawbridge operating regulations are listed at 33 CFR
117.221(b).
MNR is requesting the modification of the requirements in 33 CFR
part 117.221(b) to align with the existing requirements for the Metro-
North ``WALK'' Bridge, across the Norwalk River, at mile 0.1.
The SAGA Bridge is located at one of the busiest rail segments in
the United States and the Northeast Corridor. Openings at the SAGA
Bridge, between the calendar years of 2019 and 2021, resulted in five
(5) delays to MNR train service. A delay due to a bridge opening has
cascading affects, resulting in multiple delayed and late trains.
Delays due to the openings of SAGA Bridge were notably high among the
drawbridges on MNR service territory. Aligning the SAGA Bridge
regulation with the WALK Bridge regulation 33
[[Page 5292]]
CFR 117.217(b), provides a balance between railroad operations and the
interest of waterway users.
III. Discussion of Proposed Rule
The proposed rule provides the draw to open on signal between 4:30
a.m. and 9 p.m. after at least a two-hour advance notice is given via
marine radio or telephone; except that from 5:45 through 9:45 a.m. and
from 4 through 8 p.m. From 9 p.m. through 4:30 a.m. the draw shall open
on signal after at least a four-hour advance notice is given via marine
radio or telephone. A delay in opening the draw not to exceed 10
minutes may occur when a train scheduled to cross the bridge without
stopping has entered the drawbridge lock. The reason for these changes
is to minimize train delays while balancing the needs of waterway
users.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. A summary of our analyses
based on these statutes and Executive Orders follows.
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. 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).
This regulatory action determination is based on the ability of
vessels to still transit the bridge given advanced notice.
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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A.
above, this proposed rule would not have 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
section. 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 Governments
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.
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 rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy 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). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule 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 the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this 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
[[Page 5293]]
document to which each comment applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit comments through the Federal Decision
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0518 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. 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.
To view documents mentioned in this proposed rule as being
available in the docket, find the docket as described in the previous
paragraph, and then select ``Supporting & Related Material'' in the
Document Type column. Public comments will also be placed in our online
docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the proposed rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive. 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 of any
posting or updates to the docket.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
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. 117.221 (b) to read as follows:
Sec. 117.221 Saugatuck River.
* * * * *
(b) The draw of the Metro-North ``SAGA'' bridge, mile 1.1 at
Saugatuck, shall operate as follows:
(1) The draw shall open on signal between 4:30 a.m. and 9 p.m.
after at least a two-hour advance notice is given; except that, from
5:45 through 9:45 a.m. and from 4 through 8 p.m., Monday through Friday
excluding holidays, the draw need not open for the passage of vessel
traffic unless an emergency exists.
(2) From 9 p.m. through 4:30 a.m. the draw shall open on signal
after at least a four-hour advance notice is given.
(3) A delay in opening the draw not to exceed 10 minutes may occur
when a train scheduled to cross the bridge without stopping has entered
the drawbridge lock.
(4) Requests for bridge openings may be made by calling the bridge
via marine radio VHF FM Channel 13 or the telephone number posted at
the bridge.
* * * * *
Dated: January 8, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-01707 Filed 1-26-23; 8:45 am]
BILLING CODE 9110-04-P
