[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Proposed Rules]
[Pages 37744-37746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13512]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-054]
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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge 
operating regulations governing the operation of the Long Beach Bridge, 
at mile 4.7, across Reynolds Channel, New York. This proposed temporary 
change to the drawbridge operation regulations would allow the bridge 
to operate only one lift span for openings to be granted at specific 
times after a one-hour notice is given. The bridge also would be closed 
at night from 11 p.m. to 5 a.m., daily. Two five-day bridge closures 
between September 30, 2002 and April 30, 2003, will also be required. 
This action is necessary to facilitate structural repairs at the 
bridge.

DATES: Comments must reach the Coast Guard on or before July 29, 2002.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, or deliver them to the same address between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(617) 223-8364. The First Coast Guard District, Bridge Branch, 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the First 
Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through 
Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

[[Page 37745]]

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-02-
054), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background

    The Long Beach Bridge has a vertical clearance of 20 feet at mean 
high water and 24 feet at mean low water. The existing regulations are 
listed at 33 CFR 117.799(g).
    The bridge owner, Nassau County Department of Public Works, asked 
the Coast Guard to temporarily change the drawbridge operation 
regulations to facilitate structural repairs at the bridge. The bridge 
will not be able to open both spans at all times for vessel traffic 
during these repairs and will be closed to marine traffic during other 
periods. Single-leaf openings will occur on the even hours 8 a.m. to 4 
p.m., daily, after a one-hour notice is given and the bridge will be 
closed daily from 11 p.m. and 5 a.m. Additionally, two Monday through 
Friday, five day closures will be required between September 30, 2002 
and April 30, 2003, to perform several phases of the bridge structural 
repairs. The single span, timed opening schedule, advance notice and 
closure periods are necessary in order to perform the required repair 
work.

Discussion of Proposal

    This proposed temporary change to the drawbridge operation 
regulations would allow the bridge to operate, from September 3, 2002 
through June 30, 2003, as follows:
    Only one span need be opened for vessel traffic on the even hour 
from 8 a.m. to 4 p.m., daily, after at least a one-hour advance notice 
is given.
    The draw need not open from 11 p.m. to 5 a.m., daily.
    The draw need not open for vessel traffic for two Monday through 
Friday five-day periods between September 30, 2002 and April 30, 2003, 
each to be announced in the Local Notice to Mariners as well as in a 
Broadcast Notice to Mariners.
    The total number of bridge openings indicated in the bridge opening 
logs show two or less openings daily on weekdays with a small increase 
on weekends.
    The Coast Guard believes this rulemaking is reasonable based upon 
the relatively low number of bridge openings at this bridge during past 
years and the fact that this work is vital, necessary maintenance 
required to assure continued safe operation of the bridge.

Regulatory Evaluation

    This proposed 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 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, Feb. 
26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under paragraph 10e of the 
regulatory policies and procedures of DOT, is unnecessary. This 
conclusion is based on the fact that there have been few requests to 
open the bridge historically.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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 section 5 U.S.C. 605(b), that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This conclusion is based upon the 
fact that there have been few requests historically.
    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.

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.).

Federalism

    We have analyzed this proposed rule under E.O. 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 having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this proposed rule under E.O. 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

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant

[[Page 37746]]

Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this rule.

Indian Tribal Governments

    This 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 proposes 
to amend 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 September 3, 2002 through June 30, 2003, [sect] 117.799 is 
amended by suspending paragraph (g) and adding a new paragraph (j) to 
read as follows:


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

* * * * *
    (j) The Long Beach Bridge, mile 4.7, across Reynolds Channel, shall 
open on signal; except that:
    (1) Only one lift span need be opened for vessel traffic, on the 
even hour, 8 a.m. to 4 p.m., daily, after at least a one-hour advance 
notice is given by calling the number posted at the bridge.
    (2) The draw need not open for vessel traffic from 11 p.m. to 5 
p.m., daily.
    (3) The draw need not open for vessel traffic for two periods of 
five consecutive days between September 30, 2002 and April 30, 2003, to 
be announced in the Local Notice to Mariners and in a Broadcast Notice 
to Mariners.

    Dated: May 13, 2002.
V.S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-13512 Filed 5-29-02; 8:45 am]
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