[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Proposed Rules]
[Pages 39636-39638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17208]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0926]
RIN 1625-AA09


Drawbridge Operation Regulation; Hudson River, Albany and 
Rensselaer, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the CSX Transportation Bridge across the Hudson River, mile 
146.2, between Albany and Rensselaer, New York. The bridge owner, 
National Railroad Passenger Corporation (Amtrak), submitted a request 
to allow the bridge to require four hours' notice for bridge openings. 
This proposed rule would extend the notice required for bridge opening 
during the summer months due to the infrequent number of requests, and 
reduce burden on the bridge tender.

DATES: Comments and related material must reach the Coast Guard on or 
before October 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0926 using Federal e-Rulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Miss Stephanie E. Lopez, Bridge Management 
Specialist, First Coast Guard District, telephone (212) 514-4335, email 
<a href="/cdn-cgi/l/email-protection#93c0e7f6e3fbf2fdfaf6bdd6bddffce3f6e9d3e6e0f0f4bdfefaff"><span class="__cf_email__" data-cfemail="184b6c7d68707976717d365d365477687d62586d6b7b7f36757174">[email protected]</span></a>.

[[Page 39637]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The CSX Transportation (Livingston Ave) Bridge at mile 146.2, 
across the Hudson River, between Albany and Rensselaer, New York, has a 
vertical clearance of 25 feet at mean high water and 32 feet at mean 
low water. Vertical clearance is unlimited when the draw is open. 
Horizontal clearance is approximately 98 feet. The waterway users 
include recreational and commercial vessels including tugboat/barge 
combinations as well as tour/dinner boats.
    The existing drawbridge operating regulation, 33 CFR 117.791(c), 
requires the draw of CSX Transportation Bridge to open on signal; 
except that, from December 16 through March 31, the draw shall open on 
signal if at least 24 hours' notice is given.
    The owner of the bridge, National Railroad Passenger Corporation, 
requested a change to the drawbridge operating regulations to allow the 
bridge owner to require 4 hours' notice before the draw opens on signal 
between April 1 and December 15, from 11 p.m. to 7 a.m., due to 
infrequent requests to open the bridge. This rule change will allow for 
more efficient and economical operation of the bridge while still 
meeting the reasonable needs of navigation.

III. Discussion of Proposed Rule

    Review of the bridge logs in the last three years shows that the 
bridge averages a total of 24 openings annually during the period from 
April 1 to December 15, between 11 p.m. and 7 a.m. A preliminary notice 
sent September 8, 2017, to various stakeholders and agencies indicated 
no objection to the proposed rule change from mariners or other 
stakeholders. The Coast Guard proposes to permanently change the 
drawbridge operating regulation 33 CFR 117.791(c).
    The proposed rule would provide that, from April 1 through December 
15, between the hours 7 a.m. and 11 p.m., the draw shall open on 
signal, and between the hours of 11 p.m. and 7 a.m., the draw shall 
open on signal if at least 4 hours notice is given. It is our opinion 
that this rule meets the reasonable needs of marine and rail traffic.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the Office of Management and Budget (OMB) has not 
reviewed the NPRM and pursuant to OMB guidance, it is exempt from the 
requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that 
vessels can still open the draw and transit the bridge given advanced 
notice. We believe that this proposed change to the drawbridge 
operation regulations at 33 CFR 117.791(c) 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 provides 25 feet of vertical clearance at mean high 
water that should accommodate all the present vessel traffic except 
deep draft vessels. The bridge will continue to open on signal for any 
vessel provided at least 4 hour advance notice is given. 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, 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

[[Page 39638]]

their discretionary regulatory actions. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector of 
$100,000,000 (adjusted for inflation) or more in any one year. Though 
this proposed rule will not result in such an expenditure, we do 
discuss the effects of this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally, such actions are categorically excluded from further review, 
under figure 2-1, paragraph (32)(e), of the instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed rule. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal e-
Rulemaking Portal at http://www.regulations.gov. If your material 
cannot be submitted using http://www.regulations.gov, contact the 
person in the FOR FURTHER INFORMATION CONTACT section of this document 
for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that 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. In Sec.  117.791, revise paragraph (c) to read as follows:


Sec.  117.791  Hudson River.

* * * * *
    (c) The draw of the CSX Transportation Bridge, mile 146.2, between 
Albany and Rensselaer, shall open on signal; except that, from April 1 
through December 15, from 11 p.m. to 7 a.m., the draw shall open on 
signal if at least 4 hours notice is given and, from December 16 
through March 31, the draw shall open on signal if at least 24 hours 
notice is given.
* * * * *

    Dated: July 26, 2018.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2018-17208 Filed 8-9-18; 8:45 am]
 BILLING CODE 9110-04-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>