[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Rules and Regulations]
[Pages 17057-17059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7336]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-008]
RIN 1625-AA09


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, from May 1, 2004 through December 1, 2004. This 
action is necessary to complete structural repairs at the bridge.

DATES: This temporary final rule is effective from May 1, 2004 through 
December 1, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD01-04-008) 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. Gary Kassof, Project Officer, 
First Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

[[Page 17058]]

Regulatory Information

    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.
    This rule extends the single leaf bridge operation, which has been 
in effect since September 3, 2002, to facilitate structural repairs at 
the bridge. We published a notice of proposed rulemaking on May 30, 
2002 (67 FR 37744). We received no comments in response to the notice 
of proposed rulemaking. The single leaf bridge operation is necessary 
to complete vital necessary repairs at the bridge.
    The Coast Guard believes making this rule effective on May 1, 2004, 
is reasonable because this is the continuation of the bridge repair 
work and operating schedule that has been successfully in effect 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 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 in May 2002, to temporarily change the drawbridge 
operation regulations to facilitate necessary structural repairs at the 
bridge.
    On May 30, 2002, we published a notice of proposed rulemaking (67 
FR 37744) in response to the above request. We received no comments in 
response to the notice of proposed rulemaking.
    On September 5, 2002, we published a temporary final rule in the 
Federal Register (67 FR 56754) effective from September 5, 2002 through 
June 30, 2003, to allow the implementation of the structural repairs at 
the bridge. We were notified in May 2003, that the scheduled repairs 
would not be completed by June 30, 2003.
    In response to the above request we published a second temporary 
final rule on July 22, 2003, in the Federal Register (68 FR 43306), to 
extend the effective period from July 1, 2003 through April 30, 2004.
    Both temporary final rules allowed the bridge to open only a single 
lift span for bridge openings on the even hours 8 a.m. to 4 p.m., 
daily.
    The Coast Guard was notified on January 15, 2004, that due to 
unforeseen structural deterioration and various unforeseen issues, the 
repairs at the bridge will not be completed by the scheduled completion 
date of April 30, 2004.
    The single leaf bridge operation bridge repairs, scheduled to be 
completed by April 30, 2004, must now be extended to continue until 
December 1, 2004, in order to complete the structural repairs at the 
bridge.
    The Coast Guard believes this request is reasonable because this 
bridge seldom opens for vessel traffic and the mariners that normally 
require openings can transit with a single leaf bridge opening.

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 the bridge seldom opens 
for vessel traffic and the mariners that do require the bridge to open 
can transit using a single leaf opening.

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 bridge seldom opens 
for vessel traffic and the mariners that do require the bridge to open 
can transit using a single leaf opening.

Assistance for Small Entities

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

    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

[[Page 17059]]

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 analyzed this final rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. It has been determined that this final 
rule does not significantly impact the environment.

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; Department of Homeland Security 
delegation no. 0170.1; 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 May 1, 2004 through December 1, 2004, 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, only one lift span need be opened for 
vessel traffic, on the even hour, 8 a.m. to 4 p.m., daily.

    Dated: March 17, 2004.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-7336 Filed 3-31-04; 8:45 am]
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