4550 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 

(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. 2024–01359 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–2022–0520] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Mianus River, Greenwich, 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 (Cos Cob) Bridge, across 

Mianus River, mile 1.0, at Greenwich, 

CT. The bridge owner, Metro-North 

Railroad (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–2022–0520) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

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 August 25, 2023, the Coast Guard 

published a supplemental notice of 

proposed rulemaking (SNPRM), with a 

request for comments, entitled 

‘‘Drawbridge Operation Regulation; 

Housatonic River, Stratford, CT’’ in the 

Federal Register (88 FR 58174). There 

we stated why we issued the SNPRM 

and invited comments on our proposed 

regulatory action related to this 

regulatory change. During the comment 

period that ended September 25, 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 

(Cos Cob) Bridge at mile 1.0, across 

Mianus River, Greenwich, CT, has a 

vertical clearance of 20 feet at mean 

high water and a horizontal clearance of 

approximately 67 feet. Waterway users 

include recreational and commercial 

vessels, including fishing vessels. 

The existing drawbridge operating 

regulations are listed at 33 CFR 117.209. 

Under the current regulation, the draw 

shall open on signal from 5 a.m. to 9 

p.m. but no later than 20 minutes after 

the signal to open unless a train is 

scheduled to cross. Once the train 

scheduled to cross has passed the 

Greenwich or Riverside stations, the 

bridge will open once the train has 

made passage. From April 1 through 

October 31, from 9 p.m. to 5 a.m., the 

bridge will open after at least a fourhour advance notice is given. From 

November 1 through March 30, from 9 

p.m. to 5 a.m., the bridge will open after 

at least a twenty-four-hour advance 

notice is given. 

MNR requested the modification to 

the requirements in 33 CFR part 117.209 

to align with the existing requirements 

for the Metro-North ‘‘WALK’’ Bridge, 

across the Norwalk River, at mile 0.1. 

The Cos Cob Bridge is located at one 

of the busiest rail segments in the 

United States and the Northeast 

Corridor. Openings at Cos Cob Bridge, 

between the calendar years of 2019 and 

2021, resulted in seventy-one (71) 

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 Cos Cob Bridge were 

notably high among the drawbridges on 

MNR service territory. Aligning the Cos 

Cob 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 

During the comment period that 

ended on September 23, 2023, no 

comments were received. Accordingly, 

no changes were made to the regulatory 

text. 

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. 

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 


ddrumheller on DSK120RN23PROD with RULES1
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