[Federal Register Volume 67, Number 80 (Thursday, April 25, 2002)]
[Rules and Regulations]
[Pages 20442-20443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10176]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-038]
RIN 2115-AE47


Drawbridge Operation Regulations: Long Island, New York Inland 
Waterway From East Rockaway Inlet to Shinnecock Canal, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Atlantic Beach Bridge, at mile 0.4, 
across Reynolds Channel at New York. This rule allows the bridge owner 
to open only one moveable span for bridge openings, 7 a.m. to 5 p.m., 
from April 22, 2002 through October 31, 2002. Two span openings will be 
granted, provided a two-hour advance notice is given, from one-hour 
before high tide to one-hour after predicted high tide. This single 
span operation is necessary to facilitate bridge painting operations at 
the bridge.

DATES: This temporary final rule is effective from April 22, 2002 
through October 31, 2002.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket (CGD01-02-038) and are available for inspection or copying at 
the First Coast Guard District, Bridge Branch Office, 408 Atlantic 
Avenue, Boston, Massachusetts, 02110, 6:30 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Schmied, Project Officer, 
First Coast Guard District, at (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard has determined that good cause exists under the 
Administrative Procedure Act (5 U.S.C. 553) for not publishing a NPRM 
with comment and for making this regulation effective in less than 30 
days after publication in the Federal Register. The Coast Guard 
believes notice and comment are unnecessary because the mariners that 
normally use this waterway attended a coordination meeting and agreed 
to the single span operation of the bridge. Making this rule effective 
less than thirty days after publication is necessary, since any delay 
encountered in this regulation's effective date would be unnecessary 
and contrary to the public interest because the bridge painting must 
commence April through October when the air temperature is conducive to 
bridge painting in order to complete this painting project.

Background

    The Atlantic Beach Bridge has a vertical clearance of 25 feet at 
mean high water, and 30 feet at mean low water in the closed position. 
The existing drawbridge operating regulations are listed at 33 CFR 
117.799.
    The bridge owner, Nassau County Bridge Authority, requested a 
temporary regulation to facilitate painting operations at the bridge.
    The Coast Guard and the bridge owner held a meeting with the 
mariners that normally use this waterway to coordinate this bridge 
painting project and minimize the impacts on the marine transportation 
system.
    The single span operation was determined to be acceptable to the 
mariners because double span openings will be available from one-hour 
before to one-hour after the predicted high tide, provided a two-hour 
advance notice is given.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040; February 26, 
1979). This conclusion is based on the fact that the single span 
operation was determined to be acceptable by the mariners that normally 
use this waterway since double span openings will be made available to 
the mariners between the time period from one-hour before to one-hour 
after the predicted high tide at the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. ``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 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. This conclusion is based on the fact that the single span 
operation was determined to be acceptable by the mariners since double 
span openings will be made available to the mariners that normally use 
this waterway between the time period from one-hour before to one-hour 
after the predicted high tide at the bridge.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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).

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).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal

[[Page 20443]]

government or the private sector to incur direct costs without the 
Federal Government's having first provided the funds to pay those 
unfunded mandate costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found to not have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for the temporary final rule.

Indian Tribal Governments

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. From April 22, 2002 through October 31, 2002, Sec. 117.799 is 
temporarily amended by suspending paragraph (e) and adding a new 
paragraph (j) to read as follows:


Sec. 117.799  Long Island, New York Inland Waterway from East Rockaway 
Inlet to Shinnecock Canal.

* * * * *
    (j) The Atlantic Beach Bridge, mile 0.4, across Reynolds Channel, 
from April 22, 2002 through October 31, 2002, shall open on signal, 
except as follows:
    (1) Only one moveable bridge span need be opened for the passage of 
vessel traffic between 7 a.m. to 5 p.m., daily, except as provided in 
paragraph (j)(3) of this section.
    (2) From 4 p.m. to 7 p.m. on weekdays, and from 11 a.m. to 9 p.m. 
on weekends and holidays, the draw shall open on signal only on the 
hour and half-hour, except as provided in paragraph (j)(3) of this 
section.
    (3) From one-hour before to one-hour after the predicted high tide, 
two moveable spans may be opened for the passage of vessel traffic, 
provided at least a two-hour advance notice is given by calling the 
number posted at the bridge. For the purposes of this section, 
predicted high tide occurs 10 minutes earlier than that predicted for 
Sandy Hook, as given in the tide tables published by the National 
Oceanic and Atmospheric Administration.

    Dated: April 17, 2002.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-10176 Filed 4-24-02; 8:45 am]
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