Drawbridge Operation Regulation; Saugatuck River, Westport, CT, 4551-4553 [2024-01358]

Download as PDF Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 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 section. 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. ddrumheller on DSK120RN23PROD with RULES1 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 VerDate Sep<11>2014 16:06 Jan 23, 2024 Jkt 262001 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 an 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, 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 rule promulgates the operating regulations or procedures for drawbridges and is categorically excluded from further review, under paragraph L49, of Chapter 3, Table3–1 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. 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: 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; and DHS Delegation No. 00170.1, Revision No. 01.3. ■ 2. Revise § 117.209 to read as follows: § 117.209 Mianus River. The draw of the Metro-North (Cos Cob) bridge, mile 1.0 at Greenwich, will operate as follows: (a) The draw will open on signal between 4:30 a.m. and 9 p.m. after at least a two-hour advance notice is given; PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 4551 except that, from 5:45 a.m. through 9:45 a.m. and from 4 p.m. through 8 p.m., Monday through Friday excluding holidays, the draw need not open for the passage of vessel traffic unless an emergency exists. (b) From 9 p.m. through 4:30 a.m. the draw will open on signal after at least a four-hour advance notice is given. (c) 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. (d) 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: December 13, 2023. J.W. Mauger, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2024–01360 Filed 1–23–24; 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, Department of Homeland Security (DHS). ACTION: Final rule. AGENCY: The Coast Guard is altering 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. DATES: This rule is effective February 23, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov. Type the docket number (USCG–2022–0518) in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. In the Document Type column, select ‘‘Supporting & Related Material.’’ SUMMARY: E:\FR\FM\24JAR1.SGM 24JAR1 4552 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations If you have questions on this 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: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget NPRM Notice of Proposed Rulemaking (Advance, Supplemental) § Section U.S.C. United States Code MNR Metro North Railroad II. Background Information and Regulatory History On January 27, 2023, the Coast Guard published an NPRM, with a request for comments, entitled ‘‘Drawbridge Operation Regulation; Saugatuck River, Westport, CT’’ in the Federal Register (88 FR 5291). There we stated why we issued the NPRM and invited comments on our proposed regulatory action related to this regulatory change. During the comment period that ended February 27, 2023, we received no comments. ddrumheller on DSK120RN23PROD with RULES1 III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under 33 U.S.C. 499. The Metro-North (SAGA) Bridge at mile 1.1, across the Saugatuck 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 MetroNorth ‘‘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 CFR 117.217(b), provides a balance between railroad operations and the interest of waterway users. VerDate Sep<11>2014 16:06 Jan 23, 2024 Jkt 262001 IV. Discussion of Comments, Changes, and the Final Rule The Coast Guard provided a comment period of 30 days and no comments were received. 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. 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 rule has not been designated a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, it 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 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 CONTACT section. 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. E:\FR\FM\24JAR1.SGM 24JAR1 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 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 rule promulgates the operating regulations or procedures for drawbridges and is categorically excluded from further review, under paragraph L49, of Chapter 3, Table3–1 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. 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: 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and DHS Delegation No. 00170.1, Revision No. 01.3. 2. Revise § 117.221 (b) to read as follows: ■ Saugatuck River. ddrumheller on DSK120RN23PROD with RULES1 * * * * * (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 a.m. through 9:45 a.m. and from 4 p.m. 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 VerDate Sep<11>2014 16:06 Jan 23, 2024 Jkt 262001 Dated: December 13, 2023. J.W. Mauger, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2024–01358 Filed 1–23–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Parts 668, 674, 682, and 685 Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and the Federal Direct Loan Program) Office of Postsecondary Education, Department of Education. ACTION: Updated waivers and modifications of statutory and regulatory requirements. AGENCY: The Secretary is issuing updates of longstanding waivers and modifications of statutory and regulatory requirements governing the Federal student financial aid programs under the authority of the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). The HEROES Act requires the Secretary to publish a document in the Federal Register providing notice of the waivers or modifications of statutory or regulatory requirements applicable to the student financial assistance programs under title IV of the Higher Education Act of 1965, as amended (HEA), to assist individuals who are performing qualifying military service, and individuals who are affected by a disaster, war or other military operation, or national emergency, as described in the SUPPLEMENTARY INFORMATION section of this document. DATES: Effective January 24, 2024. The waivers and modifications in this document expire on January 24, 2029. FOR FURTHER INFORMATION CONTACT: For provisions related to the Federal Perkins Loan Program, Federal Family Education Loan (FFEL) Program, and Federal Direct Loan (Direct Loan) Program: Brian Smith, Telephone: (202) 987–1327. Email: Brian.Smith@ed.gov. For other provisions: Aaron Washington, Telephone: (202) 453– 7241. Email: Aaron.Washington@ed.gov. The mailing address for both individuals is U.S. Department of Education, Office of Postsecondary SUMMARY: PART 117—DRAWBRIDGE OPERATION REGULATIONS § 117.221 radio VHF FM Channel 13 or the telephone number posted at the bridge. * * * * * PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 4553 Education, 400 Maryland Ave. SW, 2nd Floor, Washington, DC 20202. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7–1–1. SUPPLEMENTARY INFORMATION: The Secretary is issuing updated waivers and modifications of statutory and regulatory requirements governing the Federal student financial aid programs under the authority of the HEROES Act. As described below, these waivers and modifications primarily focus on servicemembers who are called for active duty. We note below where there is overlap between the waivers and modifications issued in this document and the waivers and modifications related to the Fresh Start Initiative, which is described below. In a document published in the Federal Register on December 12, 2003 (68 FR 69312), the Secretary first exercised the authority under the HEROES Act (Pub. L. 108–76, 20 U.S.C. 1098bb(b)) and announced waivers and modifications of statutory and regulatory provisions designed to assist ‘‘affected individuals.’’ Under 20 U.S.C. 1098ee(2), the term ‘‘affected individual’’ means an individual who— • Is serving on active duty during a war or other military operation or national emergency; • Is performing qualifying National Guard duty during a war or other military operation or national emergency; • Resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with a national emergency; or • Suffered direct economic hardship as a direct result of a war or other military operation or national emergency, as determined by the Secretary. Please note that these waivers and modifications do not apply to an individual who resides or is employed in an area declared a disaster area by any Federal, State, or local official unless that declaration has been made in connection with a national emergency. In a document published in the Federal Register on September 29, 2017 (82 FR 45465), the Secretary updated the waivers and modifications to reflect statutory and regulatory changes that had occurred since the most recent prior waiver and modification document was published. The 2017 waivers and modifications expired on September 30, 2022. The Secretary is updating the waivers and modifications to reflect statutory E:\FR\FM\24JAR1.SGM 24JAR1

Agencies

[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Rules and Regulations]
[Pages 4551-4553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01358]


-----------------------------------------------------------------------

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, Department of Homeland Security (DHS).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is altering 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.

DATES: This rule is effective February 23, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number (USCG-2022-0518) in the ``SEARCH'' box and click 
``SEARCH''. In the Document Type column, select ``Supporting & Related 
Material.''

[[Page 4552]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this 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
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
MNR Metro North Railroad

II. Background Information and Regulatory History

    On January 27, 2023, the Coast Guard published an NPRM, with a 
request for comments, entitled ``Drawbridge Operation Regulation; 
Saugatuck River, Westport, CT'' in the Federal Register (88 FR 5291). 
There we stated why we issued the NPRM and invited comments on our 
proposed regulatory action related to this regulatory change. During 
the comment period that ended February 27, 2023, we received no 
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under 33 U.S.C. 499. The 
Metro-North (SAGA) Bridge at mile 1.1, across the Saugatuck 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 CFR 117.217(b), provides 
a balance between railroad operations and the interest of waterway 
users.

IV. Discussion of Comments, Changes, and the Final Rule

    The Coast Guard provided a comment period of 30 days and no 
comments were received.

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.

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 rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, it 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 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 
section. 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

[[Page 4553]]

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 rule promulgates the operating 
regulations or procedures for drawbridges and is categorically excluded 
from further review, under paragraph L49, of Chapter 3, Table3-1 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.

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:

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; and DHS Delegation No. 
00170.1, Revision No. 01.3.

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 a.m. through 9:45 a.m. and from 4 p.m. 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: December 13, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-01358 Filed 1-23-24; 8:45 am]
BILLING CODE 9110-04-P
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