2 Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Rules and Regulations 

unnecessary, and we are issuing this 

regulation as a final rule. 

In addition, for the reasons cited 

above, we find good cause for 

dispensing with the 30-day delay in the 

effective date of this final rule. 5 U.S.C. 

553(d)(3). We are not making any 

substantive changes to the listings in 

these body systems. Without an 

extension of the expiration dates for 

these listings, we will not have the 

criteria we need to assess medical 

impairments in these body systems at 

step three of the sequential evaluation 

processes. We therefore find it is in the 

public interest to make this final rule 

effective on the publication date. 

Executive Order 12866, as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as supplemented by Executive 

Order 13563. Therefore, OMB did not 

review it. We also determined that this 

final rule meets the plain language 

requirement of Executive Order 12866. 

Regulatory Flexibility Act 

We certify that this final rule does not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only individuals. 

Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Paperwork Reduction Act 

This rule does not create any new or 

affect any existing collections, and 

therefore does not require OMB 

approval under the Paperwork 

Reduction Act. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social Security— 

Disability Insurance; 96.002, Social 

Security—Retirement Insurance; 96.004, 

Social Security—Survivors Insurance; 

96.006, Supplemental Security Income) 

List of Subjects in 20 CFR Part 404 

Administrative practice and 

procedure, Blind, Disability benefits, 

Old-Age, Survivors and Disability 

Insurance, Reporting and recordkeeping 

requirements, Social Security. 

Carolyn W. Colvin, 

Acting Commissioner of Social Security. 

For the reasons set out in the 

preamble, we are amending appendix 1 

to subpart P of part 404 of chapter III of 

title 20 of the Code of Federal 

Regulations as set forth below. 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE 

(1950– ) 

Subpart P—[Amended] 

■ 1. The authority citation for subpart P 

of part 404 continues to read as follows: 

Authority: Secs. 202, 205(a)–(b) and (d)– 

(h), 216(i), 221(a), (i), and (j), 222(c), 223, 

225, and 702(a)(5) of the Social Security Act 

(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i), 

421(a), (i), and (j), 422(c), 423, 425, and 

902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 

Stat. 2105, 2189; sec. 202, Pub. L. 108–203, 

118 Stat. 509 (42 U.S.C. 902 note). 

■ 2. Amend appendix 1 to subpart P of 

part 404 by revising items 1, 2, 4, 5, 6, 

8, 9, 12, and 13 of the introductory text 

before Part A to read as follows: 

Appendix 1 to Subpart P of Part 404— 

Listing of Impairments 

* * * * * 

1. Growth Impairment (100.00): January 27, 

2017. 

2. Musculoskeletal System (1.00 and 

101.00): January 27, 2017. 

* * * * * 

4. Respiratory System (3.00 and 103.00): 

January 27, 2017. 

5. Cardiovascular System (4.00 and 

104.00): January 27, 2017. 

6. Digestive System (5.00 and 105.00): 

January 27, 2017. 

* * * * * 

8. Hematological Disorders (7.00 and 

107.00): January 27, 2017. 

9. Skin Disorders (8.00 and 108.00): 

January 27, 2017. 

* * * * * 

12. Neurological (11.00 and 111.00): 

January 27, 2017. 

* * * * * 

13. Mental Disorders (12.00 and 112.00): 

January 27, 2017. 

* * * * * 

[FR Doc. 2014–30739 Filed 12–31–14; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0983] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Thames River, New London, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

Amtrak Bridge across the Thames River 

at mile 3.0, at New London, 

Connecticut. The bridge owner, 

National Passenger Railroad Corporation 

(Amtrak), submitted a request to allow 

the Amtrak Bridge to open to 75 feet 

above mean high water instead of the 

full bridge opening at 135.3 feet above 

mean high water, unless a full bridge 

opening is requested. It is expected that 

this change to the regulations will create 

more efficiency in drawbridge 

operations while continuing to meet the 

reasonable needs of navigation. 

DATES: This rule is effective February 2, 

2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2013–0983. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type in the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click Open Docket Folder 

on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District Bridge 

Branch, 212–514–4330, judu.k.leungyee@uscg.mil. If you have questions on 

viewing the docket, call Cheryl Collins, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

A. Regulatory History and Information 

On September 11, 2014, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Drawbridge Operation 

Regulation; Thames River, New London, 

CT’’ in the Federal Register (79 FR 

54244). We received two comments 

regarding the proposed rule. No public 

meeting was requested, and none was 

held. 

B. Basis and Purpose 

The Amtrak Bridge across the Thames 

River, mile 3.0, at New London, 

Connecticut, has a vertical clearance in 

the closed position of 29.4 feet at mean 

high water and 31.8 feet at mean low 

water. The drawbridge operation 

regulations are listed at 33 CFR 117.224. 

The waterway users are both 

recreational and commercial vessels. 

The owner of the bridge, National 

Passenger Railroad Corporation 

(Amtrak), requested an exception to the 


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Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Rules and Regulations 3 

requirement to fully open the bridge to 

its full 135.3 foot height above mean 

high water when not required for a 

vessel to pass under safely. Amtrak 

submitted the request to the Coast 

Guard to change the drawbridge 

operation regulations to allow the 

Amtrak Bridge to open to 75 feet above 

mean high water for smaller vessels 

which comprise the majority of the 

requested openings. The Amtrak Bridge 

will perform a full bridge opening of 

135.3 feet above mean high water when 

requested to do so. 

The existing regulations require the 

bridge to open immediately on signal for 

public vessels of the United States and 

commercial vessels; except that, when a 

train scheduled to cross the bridge 

without stopping has passed the 

Midway, Groton, or New London 

stations and is in motion toward the 

bridge, the bridge must not be opened 

for the passage of any vessel until the 

train has crossed the bridge. The bridge 

shall open as soon as practicable for all 

other vessels but no later than 20 

minutes after the signal to open is given. 

We analyzed the bridge opening data 

for the Amtrak Railroad Bridge during 

calendar year 2013, comparing the 

number of bridge openings to 135.3 feet 

and the number of bridge openings to 75 

feet for each month of the year. 

The bridge opening breakdown for 

2013 is as follows: 

Month Total openings Openings to 

135 feet 

Openings to 

75 feet 

January ........................................................................................................................................ 98 17 81 

February ....................................................................................................................................... 58 8 50 

March ........................................................................................................................................... 62 2 60 

April .............................................................................................................................................. 83 12 71 

May .............................................................................................................................................. 220 40 180 

June ............................................................................................................................................. 255 38 217 

July ............................................................................................................................................... 257 42 215 

August .......................................................................................................................................... 243 34 209 

September ................................................................................................................................... 227 26 201 

October ........................................................................................................................................ 216 25 191 

November .................................................................................................................................... 84 8 76 

December .................................................................................................................................... 97 6 91 

Totals .................................................................................................................................... 1,900 258 1,642 

Out of the total 1900 bridge openings, 

only 13.57% were to the 135.3 foot 

elevation and the remaining 86.43% 

were to the 75 foot elevation. 

As a result, the Coast Guard believes 

that allowing the Amtrak Railroad 

Bridge to open to 75 feet, except when 

a request to open to 135.3 feet is 

received, is reasonable based on the low 

number of requests to open to 135 feet 

and to match actual operations. 

The Coast Guard will also alter the 

navigation lighting requirements to 

better meet the needs of navigation at 

this drawbridge as a result of this final 

rule. 

In accordance with 33 CFR 118.85, 

the center of the navigational channel 

under the operable span will be marked 

by a range of two green lights when the 

vertical span is open to navigation. 

The Coast Guard will allow one solid 

green light and one flashing green light 

when the bridge is at the 75 foot mark 

and two solid green lights when the 

bridge is fully opened to 135.3 feet. 

We believe this final rule will 

continue to meet the reasonable needs 

of navigation while also improving 

drawbridge efficiency of operation. 

Under this final rule, the draw will 

open on signal to 75 feet above mean 

high water, except when a full opening 

to 135.3 feet above mean high water is 

requested. The bridge tender is aware of 

the vertical clearance from the low steel 

chord of the bridge to the water level by 

a sensor displaying distance on the 

Operator Control Panel housed in the 

Drawbridge Control Room at the bridge. 

A selector switch is placed in the 75 

foot position or full lift (135.3 feet) 

position by the bridge tender prior to 

operations depending on the vessel 

requirements.’’ 

Discussion of Comments, Changes and 

the Final Rule 

The Coast Guard received two 

comments in response to the notice of 

proposed rulemaking. One of the two 

comment letters was submitted in error 

for another bridge located in Florida. 

The second comment letter questioned 

if the regulation change was considered 

not a ‘‘significant energy action’’ 

because it saves time or saves energy by 

opening to 75 feet instead of 135.3 feet. 

Executive Order 13211 defines 

‘‘significant energy action.’’ One prong 

of the definition is that the regulatory 

action needs to be significant per 

Executive Order 12866. This regulation 

does not meet the threshold for a 

significant regulatory action and 

therefore cannot be considered a 

‘‘significant energy action.’’ While the 

change in opening levels will save both 

time and energy, the analysis for a 

‘‘significant energy action’’ is based on 

definition in E.O. 13211. 

The single comment letter pertinent to 

the Amtrak Bridge was not an objection 

or in favor of the rule change, as a 

result, no changes have been made to 

this final rule. 

C. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes or executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. We believe that this rule is not 

a significant regulatory action because 

the Amtrak Bridge will continue to open 

fully for any vessel upon request. 

2. 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. 


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4 Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Rules and Regulations 

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. 

This rule will have no effect on small 

entities for the following reason: The 

Amtrak Bridge will open fully for all 

vessel traffic at all times upon request. 

3. Assistance for Small Entities 

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, above. 

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. 

4. 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). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on 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 does not have 

implications for federalism. 

6. 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. 

7. 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. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

11. Indian Tribal Governments 

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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerns Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 rule simply 

promulgates the operating regulations or 

procedures for drawbridges. This rule is 

categorically excluded, under figure 

2–1, paragraph (32)(e), of the 

Commandant Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Commandant Instruction, an 

environmental analysis checklist and a 

categorical exclusion determination are 

not 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; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.224 to read as follows: 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Rules and Regulations 5 

§ 117.224 Thames River. 

The draw of the Amtrak Bridge, mile 

3.0, at New London, shall operate as 

follows: 

(a) The draw shall open on signal to 

75 feet above mean high water for all 

vessel traffic unless a full bridge 

opening to 135.3 feet above mean high 

water is requested. 

(b) The 75 foot opening will be 

signified by a range light display with 

one solid green light and one flashing 

green light and the full 135.3 foot 

opening will be signified with two solid 

green range lights. 

(c) The draw shall open on signal for 

public vessels of the United States and 

commercial vessels; except that, when a 

train scheduled to cross the bridge 

without stopping has passed the 

Midway, Groton, or New London 

stations and is in motion toward the 

bridge, the lift span shall not be opened 

until the train has crossed the bridge. 

(d) The draw shall open on signal as 

soon as practicable for all other vessel 

traffic but no later than 20 minutes after 

the signal to open is given. 

Dated: December 8, 2014. 

L.L. Fagan, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2014–30779 Filed 12–31–14; 8:45 am] 

BILLING CODE 9110–04–P 


asabaliauskas on DSK5VPTVN1PROD with RULES