[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Proposed Rules]
[Pages 43093-43095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17937]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0545]
RIN 1625-AA09
Drawbridge Operation Regulation; Niantic River, Niantic, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to modify the operating schedule
that governs the S156 Bridge across the Niantic River, mile 0.1 at
Niantic, CT. The bridge owner, the Connecticut Department of
Transportation, submitted a request to allow six hours' notice for
night time transits during the months of November and April due to
infrequent bridge openings. This proposed rule would align the
regulations for the S156 Bridge with other Connecticut Department of
Transportation bridges.
DATES: Comments and related material must reach the Coast Guard on or
before October 21, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0545 using the 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. Jeffrey Stieb, First Coast Guard District
Bridge Management Specialist; telephone 617-223-8364, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
CT DOT Connecticut Department of Transportation
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, Purpose and Legal Basis
The S156 Bridge at mile 0.1 over the Niantic River at Niantic,
Connecticut, has a vertical clearance of 9 feet at mean high water and
12 feet at mean low water. Vertical clearance is unlimited when the
draw is open. Horizontal clearance is approximately 65 feet. Waterway
users include recreational and small commercial vessels.
The existing regulation, 33 CFR 117.215(b), requires that from
December 1 through March 31, from 8 p.m. to 4 a.m. the draw shall open
on signal if at least six hours' notice is given. CT DOT has requested
that the start of the winter schedule begin one month sooner and end
one month later than presently allowed by the regulation. This rule
change will align the winter operation and staffing of the three CT DOT
drawbridges located in the same operational area by extending the range
of months during which six hours' notice is required to include
November and April. This rule change will allow for more efficient and
economic operation of the bridge while meeting the reasonable needs of
navigation.
III. Discussion of Proposed Rule
The bridge logs show that during the last three years only three
requests to open occurred between 8 p.m. and 4 a.m. in November and no
request to open were received between 8 p.m. and 4 a.m. in April. None
of the requests were from commercial vessels. CT DOT and the Coast
Guard have conducted outreach to stakeholders with no objections
received. The Coast Guard proposes to permanently modify the operating
regulation.
The proposed rule would provide that, from November 1 through April
30, between the hours of 8:00 p.m. and 4:00 a.m., the draw shall open
on signal if at least six hours' notice is given. It is our opinion
that the proposed rule meets reasonable needs of marine traffic.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses
[[Page 43094]]
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.
This regulatory action determination is based on the fact that only
three vessel transits would have been affected over the past three
years. We believe that this proposed change to the drawbridge operation
regulation at 33 CFR 117.215(b) 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The bridge will continue to open on signal with six hours' notice
between the hours of 8 p.m. and 4 a.m. during the months of November
and April. Based on the last three years of records, an average of one
vessel annually will be affected by the proposed change.
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 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 Environmental Planning
COMDTINST 5090.1 (series), which guide 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 paragraph L49 of Chapter 3, Table
3-1 of U.S. Coast Guard Environmental Planning Implementing Procedures
5090.1A 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.
[[Page 43095]]
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 website'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
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. 117.215(b) to read as follows:
Sec. 117.215 Niantic River.
* * * * *
(b) The draw of the S156 Bridge, mile 0.1, at Niantic, shall open
on signal; except that, from 7 a.m. to 8 a.m., and 4 p.m. to 5 p.m.,
Monday through Friday, except holidays, the draw shall open only for
the passage of commercial vessels. From November 1 through April 30,
from 8 p.m. to 4 a.m., the draw shall open on signal if at least six
hours' notice is given by calling the number posted at the bridge.
Dated: July 26, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-17937 Filed 8-19-19; 8:45 am]
BILLING CODE 9110-04-P