Rule2024-01358
Drawbridge Operation Regulation; Saugatuck River, Westport, CT
Primary source
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Published
January 24, 2024
Effective
February 23, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is altering the operating schedule that governs the Metro-North (SAGA) Bridge, across the Saugatuck River, mile 1.1, at Westport, CT. The bridge owner, Metro-North (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.
Full Text
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<title>Federal Register, Volume 89 Issue 16 (Wednesday, January 24, 2024)</title>
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[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Rules and Regulations]
[Pages 4551-4553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01358]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0518]
RIN 1625-AA09
Drawbridge Operation Regulation; Saugatuck River, Westport, CT
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is altering the operating schedule that
governs the Metro-North (SAGA) Bridge, across the Saugatuck River, mile
1.1, at Westport, CT.
The bridge owner, Metro-North (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.
DATES: This rule is effective February 23, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number (USCG-2022-0518) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
[[Page 4552]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Stephanie E. Lopez, First Coast Guard District,
Project Officer, telephone 212-514-4335, email
<a href="/cdn-cgi/l/email-protection#e4b79081948c858a8d81caa1caa88b94819ea491978783ca898d88"><span class="__cf_email__" data-cfemail="95c6e1f0e5fdf4fbfcf0bbd0bbd9fae5f0efd5e0e6f6f2bbf8fcf9">[email protected]</span></a>.
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
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
MNR Metro North Railroad
II. Background Information and Regulatory History
On January 27, 2023, the Coast Guard published an NPRM, with a
request for comments, entitled ``Drawbridge Operation Regulation;
Saugatuck River, Westport, CT'' in the Federal Register (88 FR 5291).
There we stated why we issued the NPRM and invited comments on our
proposed regulatory action related to this regulatory change. During
the comment period that ended February 27, 2023, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under 33 U.S.C. 499. The
Metro-North (SAGA) Bridge at mile 1.1, across the Saugatuck River,
Westport, CT, has a vertical clearance of 13 feet at mean high water
and a horizontal clearance of 57 feet. Waterway users include
recreational and commercial vessels, including fishing vessels.
The existing drawbridge operating regulations are listed at 33 CFR
117.221(b). MNR is requesting the modification of the requirements in
33 CFR part 117.221(b) to align with the existing requirements for the
Metro-North ``WALK'' Bridge, across the Norwalk River, at mile 0.1.
The SAGA Bridge is located at one of the busiest rail segments in
the United States and the Northeast Corridor. Openings at the SAGA
Bridge, between the calendar years of 2019 and 2021, resulted in five
(5) 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 SAGA Bridge were notably high among the
drawbridges on MNR service territory. Aligning the SAGA Bridge
regulation with the WALK Bridge regulation 33 CFR 117.217(b), provides
a balance between railroad operations and the interest of waterway
users.
IV. Discussion of Comments, Changes, and the Final Rule
The Coast Guard provided a comment period of 30 days and no
comments were received.
V. 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.
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 rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, it 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 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 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
section. 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
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.
[[Page 4553]]
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 rule promulgates the operating
regulations or procedures for drawbridges and is 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.
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 DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. Revise Sec. 117.221 (b) to read as follows:
Sec. 117.221 Saugatuck River.
* * * * *
(b) The draw of the Metro-North ``SAGA'' bridge, mile 1.1 at
Saugatuck, 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: December 13, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-01358 Filed 1-23-24; 8:45 am]
BILLING CODE 9110-04-P
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