[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43306-43308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18521]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-03-039]
RIN 1625-AA09 (Formerly 2115-AE47)


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

AGENCY: Coast Guard, DHS.

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 will allow the 
bridge to operate only one lift span for openings, on the even hour, 8 
a.m. to 4 p.m., daily. Additionally, two five-day bridge closures will 
also be allowed to occur during this temporary final rule at dates to 
be announced after September 2003. This action is necessary to 
facilitate structural repairs at the bridge.

DATES: This temporary final rule is effective from July 1, 2003 through 
April 30, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD01-03-039) 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. Joseph 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 making this rule effective in less than 
thirty days after publication is reasonable because we coordinated this 
revised temporary operating schedule in advance with the mariners that 
use this waterway, and the continuation of the bridge repair work is 
vital in order to assure the continued safe operation of the bridge.
    Historically, there are few requests to open this bridge and the 
bridge will be available to provide single span openings for all but 
approximately ten days during the effective period of this temporary 
rule.

Background and Purpose

    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.
    On September 5, 2002, we published a temporary final rule in the 
Federal Register (67 FR 56754). That rule allowed the bridge to open 
only a single lift span for bridge openings on the even hours 8 a.m. to 
4 p.m. after a one-hour notice was given and from 11 p.m.

[[Page 43307]]

through 5 a.m., the bridge was to remain in the closed position. 
Additionally, two consecutive, Monday through Friday, five day closures 
were also scheduled to occur during the rule's effective period. Those 
closure dates were to be announced in the Local Notice to Mariners.
    The Coast Guard was notified by the bridge owner that the effective 
period for the bridge repairs must be extended to continue until April 
30, 2004, in order to complete the project. The requirements published 
in (67 FR 56754) allowing the bridge to remain closed from 11 p.m. to 5 
a.m. daily, and the requirement for mariners to provide a one-hour 
advance notice for bridge openings will be eliminated during this 
second temporary final rule.
    The two five days closures will still be scheduled to occur 
sometime after September 2003. The exact dates will be announced in the 
Local notice to Mariners.

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 Homeland 
Security (DHS).
    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. 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 there have been few 
requests to open the bridge historically.

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 affect 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 
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

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.


0
2. From July 1, 2003 through April 30, 2004, Sec.  117.799 is amended 
by suspending paragraph (g) 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 Long Beach Bridge, mile 4.7, across Reynolds Channel, shall 
open on signal; except that, only one lift span need be opened for 
vessel traffic, on the even hour, 8 a.m. to 4 p.m., daily. The draw 
need not open for vessel traffic for two periods of five consecutive 
days after September 2003 to be announced in the Local Notice to 
Mariners and in a Broadcast Notice to Mariners.


[[Page 43308]]


    Dated: July 1, 2003.
Vivien S. Crea,
Rear Admiral, Coast Guard, Commander, First Coast Guard District.
[FR Doc. 03-18521 Filed 7-21-03; 8:45 am]
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