[Federal Register Volume 67, Number 172 (Thursday, September 5, 2002)]
[Rules and Regulations]
[Pages 56754-56755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22631]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Long Beach Bridge, at mile 4.7, across 
Reynolds Channel, New York. This temporary final rule allows 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 will also 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 be required. This 
action is necessary to facilitate structural repairs at the bridge.

DATES: This temporary final rule is effective from September 3, 2002 
through June 30, 2003.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket (CGD01-02-054) 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, (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 making this rule 
effective in less than thirty days after publication in the Federal 
Register.
    The Coast Guard believes that good cause exists to make this rule 
effective in less than thirty days after publication because the bridge 
owner and the Coast Guard coordinated this temporary operating schedule 
with the mariners to minimize the impact to the marine transit system 
and this work is necessary work that must be performed to insure safe 
reliable operation of the bridge. Furthermore, the notice of proposed 
rulemaking advised the public this rule would take effect September 3, 
2002. Any delay encountered in this regulation's effective date would 
be unnecessary and contrary to the public interest.
    On May 30, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled; Drawbridge Operation Regulations Long Island, New York 
Inland Waterway from East Rockaway Inlet to Shinnecock Canal, New York, 
in the Federal Register (67 FR 37744). We received no comments in 
response to the notice of proposed rulemaking. No public hearing was 
requested and none was held.

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 consecutive, 
Monday through Friday, five day closures will be required between 
September 30, 2002 and April 30, 2002, 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 Comments and Changes

    No comments were received and no changes will be made to this 
temporary final rule.

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 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 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 there have been few 
requests to open the bridge historically.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121),

[[Page 56755]]

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 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 September 3, 2002 through June 30, 2003, Sec.  117.799 is 
amended by suspending paragraph (g) and adding a new paragraph (k) to 
read as follows:


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

* * * * *
    (k) 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 
a.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: August 26, 2002.
V.S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-22631 Filed 9-4-02; 8:45 am]
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