[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Proposed Rules]
[Pages 52423-52426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21531]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-1057]
RIN 1625-AA09


Drawbridge Operation Regulation; Norwalk River, Norwalk 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 WALK Bridge across the Norwalk River, mile 0.1, 
at Norwalk, Connecticut. The bridge owner submitted a request to 
require a greater advance notice for bridge openings and to increase 
the time periods the bridge remains in the closed position during the 
weekday morning and evening commuter rush hours. 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: Comments and related material must be received by the Coast 
Guard on or before October 30, 2015.

ADDRESSES:  You may submit comments identified by docket number USCG-
2014-1057 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Chris Bisignano, Project Officer, First Coast 
Guard District, telephone 212-514-4331, 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Tables of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2014-1057), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2014-1057 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and

[[Page 52424]]

electronic filing. If you submit them by mail and would like to know 
that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-1057) in the ``SEARCH'' box and click 
``SEARCH.'' Click on 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. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

 4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the three methods specified under 
ADDRESSES. Please explain why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard published a test deviation with request for 
comment; Norwalk River, Connecticut, (80 FR 1334), under docket number 
(USCG-2014-1057), in effect from January 1, 2015, through June 28, 
2015, to test the proposed changes to the drawbridge operation 
regulations. Six comments were received on the docket. Four of these 
comments argued the test deviation did not offer sufficient time during 
daylight hours for vessels to pass through both the Metro-North WALK 
Bridge and the downstream State Route 136 Bridge. In addition, tidal 
impacts further diminished opportunities for passage. Two comments 
noted negative economic impacts to upstream businesses should the test 
deviation be implemented as a rule change because the restrictive 
daytime hours combined with the need for high tide moves along the 
river would inhibit the ability to utilize marine borne deliveries. As 
a result of the comments and discussions with the bridge owner, the 
Coast Guard proposes the new schedule as discussed below.

C. Basis and Purpose

    The Metro-North WALK Bridge, mile 0.1, across the Norwalk River at 
Norwalk, Connecticut, has a vertical clearance in the closed position 
of 16 feet at mean high water and 23 feet at mean low water. The 
drawbridge operation regulations are listed at 33 CFR 117.217(b). The 
waterway users are seasonal recreational vessels and commercial vessels 
of various sizes.
    The existing Drawbridge Operation Regulations require the draw of 
the Metro-North Walk Bridge to open on signal as follows:
    From 5 a.m. to 9 p.m., except that, from Monday through Friday 
excluding holidays, the draw need not be opened from 7 a.m. to 8:45 
a.m. and 4 p.m. to 6 p.m., unless an emergency exists.
    Only once in any 60-minute period from 5:45 a.m. to 7 a.m. and 6 
p.m. to 7:45 p.m.
    From 9 p.m. to 5 a.m., if at least four hours notice is given.
    A delay of up to 20 minutes may be expected if a train is 
approaching so closely that it may not be safely stopped.
    This regulation has been in effect since April 24, 1984.
    The owner of the bridge, Connecticut Department of Transportation, 
requested a change to the Drawbridge Operation Regulations because the 
volume of train traffic across the bridge during the peak commuting 
hours makes bridge openings impractical under the current schedule. As 
a result, bridge openings that occur during peak commuter train hours 
cause significant delays to commuter rail traffic.

D. Discussion of Proposed Rule

    As a result of comments received from the test deviation, 80 FR 
1334, and discussions with the bridge owner, the Coast Guard proposes 
to permanently change the drawbridge operation regulations at 33 CFR 
117.217(b), that would allow the Metro-North WALK Bridge at mile 0.1, 
across the Norwalk River, at Norwalk, Connecticut, to operate as 
follows:
    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 4:30 a.m. 
through 9:30 a.m. and from 4 p.m. through 9 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. through 4:30 a.m. the draw shall open on signal after 
at least a four hour advance notice is given.
    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.
    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.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed 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 Order 12866, or under 
section1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    The Coast Guard believes that this rule is not a significant 
regulatory action because the bridge will still open for all vessel 
traffic after an advance notice is given, except during the morning and 
afternoon closed periods. The vertical clearance under the bridge in 
the closed position is relatively high enough to accommodate most 
vessel traffic during the time periods the draw is closed during the 
morning and evening commuter rush hours.

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.

[[Page 52425]]

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.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit the bridge from 4:30 a.m. and 9:30 a.m. and 4 p.m. 
and 9 p.m. on weekdays.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
Metro-North WALK Bridge will continue to open on signal provided the 
required advance notice is given, except during the morning and 
afternoon closed periods. The vertical clearance under the bridge in 
the closed position is high enough to accommodate most vessel traffic 
during the time period the draw is closed, except for emergencies, 
during the morning and evening commuter rush hours closures.
    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.

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 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.

4. 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.).

5. Federalism

    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 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 proposed 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 proposed rule would 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 proposed 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 proposed 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 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 Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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. 
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.
    However, the United States Coast Guard is providing the State of 
Connecticut's coastal management program with a Consistency 
Determination under CZMA Sec.  307(c)(1)(C) and 15 CFR part 930, 
subpart C. Pursuant to 15 CFR part 930.35(b), the Coast Guard is 
providing the State of Connecticut Coastal Management Program with a 
Negative Determination under 15 CFR part 930.35(a)(1) regarding the 
change to the operating schedule for the Metro-North ``WALK'' Bridge at 
mile 0.1 across the Norwalk River in Norwalk, Connecticut. The State's 
concurrence will be presumed if the State's response is not received by 
the USCG, Bridge Program Office, at Commander (dpb), One South Street, 
New York, NY 10004-1466, on the 60th day from receipt of this 
Determination.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

 List of Subjects in 33 CFR Part 117

    Bridges.


[[Page 52426]]


    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. In Sec.  117.217, revise paragraph (b) to read as follows:


Sec.  117.217  Norwalk River.

* * * * *
    (b) The Metro-North WALK Bridge at mile 0.1, across the Norwalk 
River, at Norwalk, Connecticut shall operate as follows:
    (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 
4:30 a.m. through 9:30 a.m. and from 4 p.m. through 9 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: August 20, 2015.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2015-21531 Filed 8-28-15; 8:45 am]
 BILLING CODE 9110-04-P