[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Proposed Rules]
[Pages 5293-5295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01708]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0519]
RIN 1625-AA09


Drawbridge Operation Regulation; Housatonic River, Stratford, 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 (Devon) Bridge, across the Housatonic River, 
mile 3.9, at Stratford, CT.
    The bridge owner, Metro-North (MNR), submitted a request on May 5, 
2022 to modify the regulation by aligning with the Metro-North ``WALK'' 
Bridge train schedule and avoid bridge openings during peak transit 
hours. It is expected that this change to the regulations will better 
serve the needs of the community while continuing to meet the 
reasonable needs of navigation. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before February 27, 2023.

ADDRESSES:  You may submit comments identified by docket number USCG-
2022-0519 using the Federal Decision Making Portal at https://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 Ms. Stephanie E. Lopez, First Coast Guard District, 
Project Officer, telephone 212-514-4335, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MNR Metro North
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Metro-North (Devon) Bridge at mile 3.9, across the Housatonic 
River, Stratford, CT, has a vertical clearance of 19 feet at mean high 
water and a horizontal clearance of approximately 83 feet. Waterway 
users include recreational and commercial vessels, including fishing 
vessels.
    The existing drawbridge operating regulations are listed at 33 CFR 
117.207(b).
    MNR is requesting the modification of the requirements in 33 CFR 
part 117.207 to align with the existing requirements for the Metro-
North ``WALK'' Bridge, across the Norwalk River, at mile 0.1.
    The Devon Bridge is located at one of the busiest rail segments in 
the United States and the Northeast Corridor. Openings at Devon Bridge, 
between the calendar years of 2019 and 2021, resulted in twenty-one 
(21) delays to MNR train service. A delay due to a bridge opening has 
cascading affects, resulting in multiple delayed and late trains. 
Delays due to the openings of Devon Bridge were notably high among the 
drawbridges on MNR service territory. Aligning the Devon Bridge 
regulation with the WALK Bridge regulation 33 CFR 117.217 (b), provides 
a balance between railroad operations and the interest of waterway 
users.

III. Discussion of Proposed Rule

    The proposed rule provides the draw to open on signal between 4:30 
a.m. and 9 p.m. after at least a two-hour advance

[[Page 5294]]

notice is given via marine radio or telephone; except that from 5:45 
a.m. through 9:45 a.m. and from 4 through 8 p.m. 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 via marine radio or telephone. 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. The reason for these changes is to minimize train 
delays while balancing the needs of waterway users.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. A summary of our analyses 
based on these statutes and Executive orders follows.

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. 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).
    This regulatory action determination is based on the ability of 
vessels to still transit the bridge given advanced notice.

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

    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.

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 rule under Department of Homeland Security 
Management Directive 023-01, Rev.1, associated implementing 
instructions, and Environmental Planning Policy 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). The 
Coast Guard has determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under paragraph 
L49, of Chapter 3, Table3-1 of the U.S. Coast Guard Environmental 
Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this 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 Decision 
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0519 in the search box and click 
``Search.'' Next, look for this

[[Page 5295]]

document in the Search Results column, and click on it. Then click on 
the Comment option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    To view documents mentioned in this proposed rule as being 
available in the docket, find the docket as described in the previous 
paragraph, and then select ``Supporting & Related Material'' in the 
Document Type column. Public comments will also be placed in our online 
docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all 
comments received, but we will only post comments that address the 
topic of the proposed rule. We may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive. 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 of any 
posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).

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; DHS Delegation No. 
0170.1.

0
2. Revise Sec.  117.207 (b) to read as follows:


Sec.  117.207   Housatonic.

* * * * *
    (b) The draw of the Metro-North (Devon) bridge, mile 3.9 at 
Stratford, 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 through 9:45 a.m. and from 4 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: January 8, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-01708 Filed 1-26-23; 8:45 am]
BILLING CODE 9110-04-P