[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66621-66623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28122]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0926]
RIN 1625-AA09


Drawbridge Operation Regulation; Hudson River, Albany and 
Rensselaer, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the CSX Transportation Bridge (alternatively referred to as the 
``Livingston Ave Bridge'') across the Hudson River, mile 146.2, between 
Albany and Rensselaer, New York. The bridge owner, National Railroad 
Passenger Corporation (Amtrak), submitted a request to allow the bridge 
to require four hours notice for bridge openings. This final rule would 
extend the notice required for bridge opening during the summer months 
due to the infrequent number of requests, and reduce burden on the 
bridge tender.

DATES: This rule is effective January 28, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0926 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 Miss Stephanie E. Lopez, Bridge Management Specialist, 
First Coast Guard District, telephone (212) 514-4335, email 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 66622]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 10, 2018, the Coast Guard published a notice of proposed 
rulemaking entitled ``Proposed Rule Drawbridge Operations: Hudson 
River, Albany and Rensselaer, New York'' in the Federal Register (83 FR 
39636). No comments were received on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The CSX Transportation Bridge (Livingston Ave) Bridge at mile 
146.2, across the Hudson River, between Albany and Rensselaer, New 
York, has a vertical clearance of 25 feet at mean high water and 32 
feet at mean low water. Vertical clearance is unlimited when the draw 
is open. Horizontal clearance is approximately 98 feet.
    The existing drawbridge regulation is 33 CFR 117.791(c). The 
existing regulation requires the draw of the Livingston Avenue Bridge 
to open on signal; except that, from December 16 through March 31, the 
draw shall open on signal if at least 24 hours notice is given.
    The owner of the bridge, National Railroad Passenger Corporation, 
requested a change to the drawbridge operating regulations to allow the 
bridge owner to require 4 hours notice before the draw opens on signal 
between April 1 and December 15, 11 p.m. and 7 a.m. due to infrequent 
requests to open the bridge. This rule change will allow for more 
efficient and economical operation of the bridge while still meeting 
the needs of navigation.
    Review of the bridge logs in the last three years between 11 p.m. 
and 7 a.m. from April 1 to December 15 shows that the bridge averages 
24 openings during this period per year. The waterway users include 
recreational and commercial vessels including tugboat/barge 
combinations as well as tour/dinner boats.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided 60 days for comment and no comments were 
received. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.

V. Discussion of Final Rule

    The rule provides that from April 1 through December 15; between 
the hours of 7:00 a.m. and 11:00 p.m., the draw shall open on signal, 
and between the hours of 11:00 p.m. and 7:00 a.m., the draw shall open 
on signal if at least 4 hours notice is given. It is our opinion that 
this rule meets the reasonable needs of marine and rail traffic.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it 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.
    This regulatory action determination is based on the ability that 
vessels can still open the draw and transit the bridge given advanced 
notice. We believe that this change to the drawbridge operation 
regulations at 33 CFR 117.791(c) will meet the reasonable needs of 
navigation.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    The bridge provides 25 feet of vertical clearance at mean high 
water that should accommodate all the present vessel traffic except 
deep draft vessels. The bridge will continue to open on signal for any 
vessel provided at least 4 hour advance notice is given.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section VI.A 
above, this rule will 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 Executive Order 
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

[[Page 66623]]

responsibilities between the Federal Government and Indian tribes.

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 an 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.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record 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; and Department of 
Homeland Security Delegation No. 0170.1.


0
 2. Revise Sec.  117.791(c) to read as follows:


Sec.  117.791  Hudson River.

* * * * *
    (c) The draw of the CSX Transportation Bridge, mile 146.2 between 
Albany and Rensselaer, shall open on signal; except that, from April 1 
through December 15, from 11:00 p.m. to 7:00 a.m., the draw shall open 
on signal if at least 4 hours notice is given and from December 16 
through March 31, the draw shall open on signal if at least 24 hours 
notice is given.
* * * * *

    Dated: December 3, 2018.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2018-28122 Filed 12-26-18; 8:45 am]
BILLING CODE 9110-04-P