[Federal Register Volume 67, Number 199 (Tuesday, October 15, 2002)]
[Rules and Regulations]
[Pages 63547-63549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26009]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-112]
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 lift span for bridge openings, 7 a.m. to 5 p.m., from 
November 1, 2002 through November 30, 2002. Two span openings will be 
granted, provided a two-hour advance notice is given, from one hour 
before to one hour after predicted high tide. This single span 
operation is necessary to facilitate bridge painting operations at the 
bridge.

DATES: This rule is effective from November 1, 2002 through November 
30, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD01-02-112) and are available for 
inspection or copying at the First Coast Guard District, Bridge 
Administration Office, 408 Atlantic Avenue, Boston, Massachusetts, 
02110-3350, between 7 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM and under 5 U.S.C. 553(d)(3), 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.
    The Coast Guard believes notice and comment are unnecessary because 
the bridge painting work that will be performed under this temporary 
final rule is a continuation, for one extra month, of work previously 
approved by a temporary final rule published on April 25, 2002 (67 FR 
20442) entitled

[[Page 63548]]

Drawbridge Operation Regulations, Massachusetts.
    This second temporary final rule will continue the temporary 
operating schedule for an extra month in order to complete the work at 
the bridge. The mariners who normally use this waterway have agreed to 
the continuation of the single lift span operation from November 1, 
2002 through November 30, 2002.
    Any delay encountered in this regulation's effective date would be 
unnecessary and contrary to the public interest because the bridge 
painting work must continue until the end of November to finish this 
project.

Background and Purpose

    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 Sec.  
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 
who 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.
    The bridge owner requested a second temporary final rule to 
complete the bridge painting that will not be finished by October 31, 
2002, the end date of the first temporary final rule. The mariners 
agreed to the extension of the temporary operating schedule through the 
end of November to allow the bridge painting work to be completed.

Discussion of Rule

    The drawbridge operation regulations at Sec.  117.799, for the 
Atlantic Beach Bridge, at mile 0.4, across the Reynolds Channel, will 
be temporarily changed. From November 1, 2002 through November 30, 
2002, the bridge will open on signal; however, only one lift span will 
be opened for the passage of vessel traffic between 7 a.m. to 5 p.m., 
daily. From 4 p.m. to 7 p.m. on weekdays, and from 11 a.m. to 9 p.m. on 
weekends and holidays, the bridge will open on signal only on the hour 
and half hour. From one hour before to one hour after predicted high 
tide, two lift spans will 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.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 found acceptable by the mariners who normally use this waterway.

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. 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 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 found acceptable by the mariners who normally use this waterway.

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 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.

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.

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.

Environment

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

[[Page 63549]]

Instruction M16475.1d, 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 ``Categorical Exclusion Determination'' is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

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 November 1, 2002 through November 30, 2002, Sec.  117.799 
is temporarily amended by suspending paragraph (e) 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 Atlantic Beach Bridge, mile 0.4, across Reynolds Channel, 
from November 1, 2002 through November 30, 2002, shall open on signal, 
except as follows:
    (1) Only one lift span need be opened for the passage of vessel 
traffic between 7 a.m. to 5 p.m., daily, except as provided in 
paragraph (k)(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 (k)(3) of this 
section.
    (3) From one hour before to one hour after the predicted high tide, 
two lift 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: September 30, 2002.
V.S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-26009 Filed 10-11-02; 8:45 am]
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