46948 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules 

Executive Order 12866. As a result this 

rule was not reviewed by the Office of 

Management and Budget. 

X. Document Availability 

In addition to publishing the full text 

of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http://

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5:00 p.m. 

Eastern time) at 888 First Street NE., 

Room 2A, Washington, DC 20426. 

From the Commission’s Home Page 

on the Internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

83. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from the 

Commission’s Online Support at (202) 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

XI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

the publication of this proposed rule. 

List of Subjects in 10 CFR Part 35 

Electric power rates, electric utilities, 

reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on September 

29, 2017. 

Rick Perry, 

Secretary of Energy. 

For the reasons stated in the 

preamble, DOE proposes that FERC 

amend part 35, chapter I of title 18, 

subchapter B, Code of Federal 

Regulations as set forth below: 

PART 35—FILING OF RATE 

SCHEDULES AND TARIFFS 

■ 1. The authority citation for part 35 

continues to read as follows: 

Authority: 16 U.S.C. 791a–825r; 2601– 

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

■ 2. Section 35.28 is amended by adding 

paragraph (g)(10) to read as follows: 

§ 35.28 Non-discriminatory open access 

transmission tariff. 

* * * * * 

(g) * * * 

(10) Pricing eligible grid reliability 

and resiliency resources. 

(i) Definition of eligible grid reliability 

and resiliency resources. An eligible 

grid reliability and resiliency resource is 

any resource that: 

(A) Is an electric generation resource 

physically located within a 

Commission-approved independent 

system operator or regional transmission 

organization; 

(B) Is able to provide essential energy 

and ancillary reliability services, 

including but not limited to voltage 

support, frequency services, operating 

reserves, and reactive power; 

(C) Has a 90-day fuel supply on site 

enabling it to operate during an 

emergency, extreme weather conditions, 

or a natural or man-made disaster; 

(D) Is compliant with all applicable 

federal, state, and local environmental 

laws, rules, and regulations; and 

(E) Is not subject to cost of service rate 

regulation by any state or local 

regulatory authority. 

(ii) Scope of application. The 

requirements of this rule shall apply to 

Commission-approved independent 

system operators or regional 

transmission organizations with energy 

and capacity markets and a tariff that 

contains a day-ahead and a real-time 

market or the functional equivalent. The 

application of this rule must be 

consistent between the day-ahead and 

real-time markets. 

(iii) Reliability and resiliency rate. (A) 

Each Commission-approved 

independent system operator or regional 

transmission organization shall 

establish a tariff that provides a just and 

reasonable rate for the— 

(1) Purchase of electric energy from an 

eligible reliability and resiliency 

resource; and 

(2) recovery of costs and a return on 

equity for such resource dispatched 

during grid operations. 

(B) The just and reasonable rate shall 

include pricing to ensure that each 

eligible resource is fully compensated 

for the benefits and services it provides 

to grid operations, including reliability, 

resiliency and on-site fuel-assurance, 

and that each eligible resource recovers 

its fully allocated costs and a fair return 

on equity. 

(iv) Reliability and resiliency costs. 

Compensable costs shall include, but 

not be limited to, operating and fuel 

expenses, costs of capital and debt, and 

a fair return on equity and investment. 

[FR Doc. 2017–21396 Filed 10–6–17; 8:45 am] 

BILLING CODE 6717–01–P 

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. 

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 

James.M.Moore2@uscg.mil. 

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 

§ 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 


Pmangrum on DSK3GDR082PROD with PROPOSALS
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules 46949 

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, MetroNorth 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 MetroNorth 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 


Pmangrum on DSK3GDR082PROD with PROPOSALS
46950 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Proposed Rules 

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 

■ 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 § 117.219(b) to read as 

follows: 

§ 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 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3050 

[Docket No. RM2017–13; Order No. 4141] 

Periodic Reporting 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission is noticing a 

recent filing requesting that the 

Commission initiate an informal 

rulemaking proceeding to consider 

changes to an analytical method for use 

in periodic reporting (Proposal Nine). 

This document informs the public of the 

filing, invites public comment, and 

takes other administrative steps. 

DATES: Comments are due: November 

21, 2017. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Proposal Nine 

III. Notice and Comment 

IV. Ordering Paragraphs 

I. Introduction 

On September 29, 2017, the Postal 

Service filed a petition pursuant to 39 

CFR 3050.11 requesting that the 

Commission initiate a rulemaking 

proceeding to consider changes to 

analytical principles relating to periodic 

reports and compliance 


Pmangrum on DSK3GDR082PROD with PROPOSALS