[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Proposed Rules]
[Pages 58174-58176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18323]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0520]
RIN 1625-AA09


Drawbridge Operation Regulation; Mianus River, Greenwich, CT

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Metro-North (Cos Cob) Bridge, across Mianus River, mile 
1.0, at Greenwich, CT. The bridge owner, Metro-North Railroad (MNR), 
submitted a request on May 5, 2022 to modify the regulation to align 
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. The original notice of proposed 
rulemaking did not accurately reflect the owner's request. As such, the 
Coast Guard is issuing a supplemenal notice of proposed rulemaking to 
accurately describe the owner's request and proposed changes to the 
existing regulation.

DATES: Comments and related material must reach the Coast Guard on or 
before September 25, 2023.

ADDRESSES:  You may submit comments identified by docket number USCG-
2022-0520 using 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
OMB Office of Management and Budget
SNPRM Supplemental Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code
MNR Metro-North Railroad

II. Background, Purpose and Legal Basis

    The Metro-North (Cos Cob) Bridge at mile 1.0, across Mianus River, 
Greenwich, CT, has a vertical clearance of 20 feet at mean high water 
and a horizontal clearance of approximately 67 feet. Waterway users 
include recreational and commercial vessels, including fishing vessels.
    The existing drawbridge operating regulations are listed at 33 CFR 
117.209. Under the current regulation, the draw shall open on signal 
from 5 a.m. to 9 p.m. but no later than 20 minutes after the signal to 
open unless a train is scheduled to cross. Once the train scheduled to 
cross has passed the Greenwich or Riverside stations, the bridge will 
open once the train has made passage. From April 1 through October 31, 
from 9 p.m. to 5 a.m., the bridge will open after at least a four-hour 
advance notice is given. From November 1 through March 30, from 9 p.m. 
to 5 a.m., the bridge will open after at least a twenty-four-hour 
advance notice is given.
    MNR is requesting the modification of the requirements in 33 CFR 
part 117.209 to align with the existing requirements for the Metro-
North ``WALK'' Bridge, across the Norwalk River, at mile 0.1.
    The Cos Cob Bridge is located at one of the busiest rail segments 
in the United States and the Northeast Corridor. Openings at Cos Cob 
Bridge, between the calendar years of 2019 and 2021, resulted in 
seventy-one (71) 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 Cos Cob Bridge were notably high 
among the drawbridges on MNR service territory. Aligning the Cos Cob 
Bridge regulation with the WALK Bridge regulation 33 CFR 117.217 (b) 
provides a balance between railroad operations and vessels interest in 
waterway passage.

III. Discussion of Supplemental Proposed Rule

    The supplemental 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 notice 
is given via marine radio or telephone. The bridge will not open from 
5:45 a.m. through 9:45 a.m. and from 4 p.m. 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 interests of vessels in the waterway.

IV. Regulatory Analyses

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

[[Page 58175]]

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 SNPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the 
SNPRM has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the ability that 
vessels can 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 
supplemental 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 supplemental 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 supplemental 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 supplemental 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 supplemental proposed 
rule will not result in such an expenditure, we do discuss the effects 
of this supplemental 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, Table 3-1 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- 2022-0520 in the search box and click 
``Search.'' Next, look for this 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

[[Page 58176]]

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; and DHS Delegation No. 
00170.1, Revision No. 01.3.
0
2. Revise Sec.  117.209 to read as follows:


Sec.  117.209  Mianus

    The draw of the Metro-North (Cos Cob) bridge, mile 1.0 at 
Greenwich, will operate as follows:
    (a) The draw will 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.
    (b) From 9 p.m. through 4:30 a.m. the draw will open on signal 
after at least a four-hour advance notice is given.
    (c) 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.
    (d) 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, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-18323 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P