[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45020-45022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16226]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying 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 
time periods the bridge remains in the closed position during the 
weekday morning and evening 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: This rule is effective August 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type ``USCG-
2014-1057'' in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Christopher J. Bisignano, Supervisory Bridge 
Management Specialist, First Coast Guard District, Coast Guard; 
telephone (212) 514-4331 or email [email protected].

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
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard twice published a notice of proposed rulemaking to 
adjust when the draw of the Metro-North WALK Bridge will be available 
to open Monday through Friday, excluding holidays. In response to 
comments received to the notice of proposed rulemaking (NPRM), 
published in August 2015 (80 FR 52423), the Coast Guard conducted 
further review of tidal data, bridge logs and train schedules.
    On April 4, 2016, we published a supplemental notice of proposed 
rulemaking (SNPRM) entitled Drawbridge Operation Regulation; Norwalk 
River, Norwalk, CT, in the Federal Register (81 FR 19094), soliciting 
comments on the proposed rule through May 4, 2016. In addition, 
Commander (dpb), First Coast Guard District published Public Notice 1-
150 dated April 4, 2016. We received two

[[Page 45021]]

comments on the proposed rule, which will be addressed in Section IV, 
below.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    The Metro-North WALK Bridge, mile 0.1, across the Norwalk River at 
Norwalk, CT, 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 owner of the bridge, Connecticut Department of 
Transportation (CDOT), 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.
    The Coast Guard believes these final changes balance the needs of 
rail and vessel traffic. The proposed changes enhance rail traffic 
without significantly impacting vessel traffic.

IV. Discussion of Comments, Changes and the Final Rule

    We received two submissions commenting on the SNPRM. One comment 
requested that any modification to the existing rule should not be 
extended past the initiation of construction of a new replacement 
bridge. The Coast Guard disagrees. A replacement bridge is only in the 
planning stage at CDOT. Design and construction of a replacement 
project for a bridge of this scale typically takes several years. As 
the timeline of a potential bridge replacement is uncertain, the Coast 
Guard cannot consider it within this rulemaking.
    One comment suggested the Coast Guard consider revising the AM peak 
window to end at 8:45 a.m. and revising the PM peak window to begin at 
4:15 p.m. and end at 8:20 p.m. to better accommodate commuters. The 
Coast Guard believes that the proposed rule offers greater 
consideration to peak commuter train traffic by restricting bridge 
openings until 9:45 a.m. The Coast Guard also believes that the PM peak 
revision of the proposed rule more adequately addresses the concerns in 
the comment by offering an additional 15 minutes on the front end by 
restricting bridge openings starting at 4 p.m. In addition, while the 
train schedules do adjust twice annually, only one train crosses the 
bridge between 8 p.m. and 8:20 p.m. Therefore, the Coast Guard believes 
ending the restriction to bridge openings at 8 p.m. is sufficient. The 
proposed changes balance the needs of rail and vessel traffic, 
enhancing rail traffic without significant adverse impact to vessel 
traffic.
    The Coast Guard amends 33 CFR 117.217(b) as proposed in the SNPRM 
of April 4, 2016.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protesters.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice. 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.

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 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. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section V.A above this final rule would not have a 
significant economic impact on any vessel owner or operator.
    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.

C. 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).

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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, 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.

[[Page 45022]]

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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. 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 made a 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, 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.

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.

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


Sec.  117.217  Norwalk River.

* * * * *
    (b) The draw of the Metro-North ``WALK'' Bridge, mile 0.1, at 
Norwalk, 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 
5:45 a.m. through 9:45 a.m. and from 4 p.m. through 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. 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: June 23, 2016.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2016-16226 Filed 7-11-16; 8:45 am]
 BILLING CODE 9110-04-P