Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 4551 

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. 

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; 

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 

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.’’ 


ddrumheller on DSK120RN23PROD with RULES1
4552 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 

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 

Stephanie.E.Lopez@uscg.mil. 

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) 

§ 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 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. 

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. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 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 

■ 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: 

§ 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 

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) 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Updated waivers and 

modifications of statutory and 

regulatory requirements. 

SUMMARY: 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 

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 


ddrumheller on DSK120RN23PROD with RULES1