[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Proposed Rules]
[Pages 46948-46950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21773]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0750]
RIN 1625-AA09


Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Metro-North Peck Bridge across the Pequonnock River, mile 
0.3, at Bridgeport, Connecticut. The owner of the bridge, Metro-North 
Railroad, has submitted a request that vessels seeking an opening of 
the draw submit a minimum of four hours of advance notice. It is 
expected this change to the regulations will better serve the needs of 
the public, particularly commuters and commercial interests utilizing 
the Northeast Corridor rail spur, while continuing to meet the 
reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before November 9, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0750 using Federal eRulemaking 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 Mr. James Moore, Project Officer, First Coast Guard 
District, telephone 212-514-4334, email <a href="/cdn-cgi/l/email-protection#3f755e525a4c1172117250504d5a0d7f4a4c5c5811525653"><span class="__cf_email__" data-cfemail="1c567d71796f3251325173736e792e5c696f7f7b32717570">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Metro-North Peck Bridge, mile 0.3, across the Pequonnock River 
at Bridgeport, Connecticut, has a vertical clearance of 26 feet at Mean 
High Water and 32 feet at Mean Low Water when

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the span is in the closed position. Vertical clearance is 65 feet when 
the draw is open. Horizontal clearance is 105 feet. Waterway users 
include recreational and a limited number of small commercial vessels.
    The existing drawbridge regulation in 33 CFR 117.219(b) has been in 
effect since September 13, 2010. The owner of the bridge, Metro-North 
Railroad, requested a change to the drawbridge operating regulations in 
order to better facilitate the orderly flow of rail traffic while still 
satisfying the reasonable needs of navigation. Specifically, Metro-
North Railroad seeks to modify the ``open on signal'' requirement 
associated with the existing regulation. Under the proposed rule, 
mariners would be expected to provide a minimum four hours advance 
notice if an opening is necessary. Additionally, the bridge owner 
requested to extend the allowable delay to an opening when a train is 
approaching the bridge. The bridge is a component of the Northeast 
Corridor, which supports Metro-North, Amtrak and freight rail service. 
Of note, the bridge has not received any requests for an opening in the 
past four years; meanwhile, approximately 211 Metro-North commuter 
trains alone proceed across the bridge daily. It is reasoned that rail 
traffic will be able to proceed in a more expeditious and predictable 
manner if the draw of the bridge is not required to open on signal.

III. Discussion of Proposed Rule

    Bridge logs submitted for review by Metro North Railroad 
substantiate the bulk of bridge openings since 2015 have been 
undertaken for no more than test purposes. Over the course of the past 
decade the Pequonnock River has seen a marked decrease in the volume of 
commercial vessel traffic utilizing the waterway. There are presently 
no businesses located upstream of the bridge hosting either vessels 
and/or barges that would require an opening of the draw as a routine 
matter. Nor does it appear likely that planned development of the City 
of Bridgeport's waterfront will involve ventures requiring moorings for 
commercial vessels. Based on this evidence as well as discussion with 
the bridge owner, the Coast Guard proposes to permanently change the 
drawbridge operating regulation 33 CFR 117.219(b).
    The proposed rule at 33 CFR 117.219(b) would allow the Metro-North 
Peck Bridge to open in the following manner: ``The draw of the Metro-
North Peck Bridge at mile 0.3, at Bridgeport, shall operate as follows: 
The draw shall open on signal between 5:45 a.m. to 9 p.m. if at least 
four hours advance notice is given; except that, from 5:45 a.m. to 9:45 
a.m., and 4 p.m. to 8 p.m., Monday through Friday excluding holidays, 
the draw need not open for the passage of vessel traffic unless an 
emergency exists. From 9 p.m. to 5:45 a.m., the draw shall open on 
signal if at least an eight hour notice is given. A delay in opening 
the draw not to exceed 15 minutes may occur when a train scheduled to 
cross the bridge without stopping has entered the drawbridge block. 
Requests for bridge openings may be made by calling the telephone 
number posted at the bridge.''

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 NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Coast Guard believes this rule is not a significant regulatory 
action. Mariners have not requested an opening of the draw for passage 
of a vessel within the past four years. Revision of the present 
regulation will allow for more efficient and economical operation of 
the span while still serving the reasonable needs of navigation based 
on present waterway usage trends. The minimum 26 feet of vertical 
clearance at mean high water when the bridge is in the closed position 
is sufficient to allow vessels utilizing the Pequonnock River to safety 
and expeditiously pass through the draw without opening.

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.
    For the reasons states and Sections III and IV above, this proposed 
rule will not pose 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

[[Page 46950]]

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 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 eRulemaking 
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 Web site'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. Revise Sec.  117.219(b) to read as follows:


Sec.  117.219  Pequonnock River.

* * * * *
    (b) The draw of the Metro-North Peck Bridge at mile 0.3, at 
Bridgeport, shall operate as follows:
    (1) The draw shall open on signal between 5:45 a.m. to 9 p.m. if at 
least four hours advance notice is given; except that, from 5:45 a.m. 
to 9:45 a.m., and 4 p.m. to 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. to 5:45 a.m., the draw shall open on signal if at 
least an eight hour notice is given.
    (3) A delay in opening the draw not to exceed 15 minutes may occur 
when a train scheduled to cross the bridge without stopping has entered 
the drawbridge block.
    (4) Requests for bridge openings may be made by calling the 
telephone number posted at the bridge.

    Dated: September 22, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-21773 Filed 10-6-17; 8:45 am]
 BILLING CODE 9110-04-P


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