[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Pages 36808-36809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13220]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-053]
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 Meadowbrook State Parkway Bridge, at 
mile 12.8, across Sloop Channel, New York. This temporary final rule 
allows the bridge to remain in the closed position to navigation from 9 
p.m. to midnight, on July 4, 2002. This action is necessary to 
facilitate the annual Fourth of July Jones Beach State Park fireworks 
display.

DATES: This temporary final rule is effective from 9 p.m. to midnight 
on July 4, 2002.

ADDRESSES: The public docket and all documents referred to in this 
notice are available for inspection or copying at the First Coast Guard 
District, Bridge Branch Office, 408 Atlantic Avenue, Boston, 
Massachusetts 02110, 7 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, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM in the Federal Register. As a result of coordination 
with the local harbormaster, marine facilities, and operators regarding 
the closure of the bridge and the fact that the bridge has been closed 
during past years for this event with no impact on navigation, we 
believe that it is not necessary to draft or publish a NPRM in advance 
of the requested start date for this bridge closure. This bridge 
closure is a necessary measure to facilitate public safety by allowing 
the orderly flow of vehicular traffic before and after this annual 
fireworks event.

Background

    The Meadowbrook State Parkway Bridge has a vertical clearance of 22 
feet at mean high water and 25 feet at mean low water in the closed 
position, unlimited vertical clearance in the full open position. The 
existing regulations are listed at 33 CFR 117.799(h).
    The bridge owner, the New York State Office of Parks, Recreation 
and Historic Preservation, requested that the bridge be allowed to 
remain closed from 9 p.m. to midnight, during the annual Fourth of July 
fireworks event at the Jones Beach State Park. The Coast Guard 
coordinated this closure with the local facilities and operators and no 
objections were received. The bridge has been closed for the past 
several years to facilitate this annual event.

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 mariners that 
normally use this waterway have no objections to the bridge closure to 
facilitate this annual event.

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

[[Page 36809]]

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 mariners that 
normally use this waterway have no objections to the bridge closure to 
facilitate this annual event.

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 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 this 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. Section 117.799 is temporarily amended from 9 p.m. to midnight, 
on July 4, 2002, by suspending paragraph (h) and adding a new paragraph 
(k) to read as follows:


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

* * * * *
    (k) From 9 p.m. to midnight, on July 4, 2002, the Meadowbrook State 
Parkway Bridge, mile 12.8, across Sloop Channel, may remain closed to 
navigation.

    Dated: May 13, 2002.
V.S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-13220 Filed 5-24-02; 8:45 am]
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