[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35241-35243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15190]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0218]
RIN 1625-AA09


Drawbridge Operation Regulation; Niantic River, Niantic, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Amtrak Bridge, mile 0.0, at Niantic, Connecticut. The 
bridge owner, National Railroad Passenger Company (Amtrak), submitted a 
request to remove the special drawbridge operation regulation because 
the bridge now opens on signal at all times. It is expected that this 
change to the regulations will create efficiency in drawbridge 
operations while continuing to meet the reasonable needs of navigation.

DATES: This rule is effective June 19, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0218. 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, [email protected]. 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

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Amtrak Bridge, that once required 
draw operations in 33 CFR 117.215(a), now opens on signal at all times; 
therefore, the regulation is no longer applicable and shall be removed 
from publication. It is unnecessary to publish an NPRM because this 
regulatory action does not

[[Page 35242]]

purport to place any restrictions on mariners but rather removes a 
restriction that has no further use or value.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. The bridge has been opening on 
signal at all times for many years and this rule merely requires an 
administrative change to the Federal Register, in order to omit a 
regulatory requirement that is no longer applicable or necessary. The 
removal of the regulation will not affect mariners currently operating 
on this waterway. Therefore, a delayed effective date is unnecessary.

A. Basis and Purpose

    The Amtrak Bridge at mile 0.0, across the Niantic River, at 
Niantic, Connecticut, has a vertical clearance of 16 feet at mean high 
water and 19 feet at mean low water. The drawbridge operation 
regulations are listed at 33 CFR 117.215(a).
    The waterway users are commercial and seasonal recreational vessels 
of various sizes.
    The owner of the bridge, Amtrak, submitted a request to the Coast 
Guard to change the drawbridge operating regulations that presently 
allows the bridge to open on signal; except that, from April 1 through 
October 31, from 8 p.m. to 4 a.m. and from November 1 through March 31 
from 6 p.m. to 6 a.m., the draw shall open on signal if at least one 
hour notice is given.
    When a train is scheduled cross the bridge without stopping has 
entered the drawbridge block, a delay in opening the draw may occur 
until the train has cleared the block.
    Under this final rule the Amtrak Bridge will open on signal at all 
times; however, the paragraph that refers to any delay in opening the 
draw should a train be within the drawbridge block shall remain in 
effect.

B. Discussion of Final Rule

    The Amtrak Bridge has been opening on signal at all times for many 
years despite the requirement in the drawbridge operation regulation 
listed at 33 CFR 117.215(a) to provide a one hour advance notice at 
certain times of year.
    The owner of the bridge requested the regulation for the Amtrak 
Bridge be changed to reflect the present operation of the bridge, to 
open on signal at all times.

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, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. We believe that this rule is not a 
significant regulatory action because the changes to the regulation 
will remove the advanced notice burden for mariners at all times.

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 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 on signal at all times.

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

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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 
guides 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 Instruction.
    Under figure 2-1, paragraph (32)(e), of the 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

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. In Sec.  33 CFR 117.215, revise paragraph (a) to read as follows:


Sec.  117.215  Niantic River.

    (a) The draw of the Amtrak Bridge, mile 0.0, at Niantic, shall open 
on signal at all times. When a train scheduled to cross the bridge 
without stopping has entered the drawbridge block, a delay in opening 
the draw may occur until the train has cleared the block. The delay 
should not exceed 10 minutes.
* * * * *

    Dated: June 9, 2015.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2015-15190 Filed 6-18-15; 8:45 am]
 BILLING CODE 9110-04-P