[Federal Register Volume 71, Number 48 (Monday, March 13, 2006)]
[Rules and Regulations]
[Pages 12621-12623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2393]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-06-006]
RIN 1625-AA09


Drawbridge Operation Regulations; Jamaica Bay and Connecting 
Waterways, New York City, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has temporarily changed the regulation 
governing the operation of the New York City Highway Bridge (Belt 
Parkway), at mile 0.8, across Mill Basin, at New York City, New York. 
This temporary final rule allows the bridge owner to open only one of 
the two moveable spans for the passage of vessel traffic from March 8, 
2006 through September 7, 2006. This rule is necessary to facilitate 
bridge deck replacement.

DATES: This temporary rule is effective from March 8, 2006 through 
September 7, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD01-06-006] and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer, 
First Coast Guard District, (212) 668-7195.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 30, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations''; Jamaica Bay and 
Connecting Waterways, New York, in the Federal Register (71 FR 4852). 
We received no comments in response to the notice of proposed 
rulemaking. No public hearing was requested and none was held.
    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.
    Making this rule effective in less than 30 days after publication 
in the Federal Register will allow this rule to become effective in 
time for the March 8, 2006, deck replacement construction start date.
    The deck replacement for the New York City Highway Bridge is vital 
necessary work that must be performed without delay as a result of 
deterioration of the existing bridge deck which could fail if not 
replaced with all due speed. In order to assure the continued safe and 
reliable operation of the bridge, construction work should begin on 
schedule on March 8, 2006.

Background and Purpose

    The New York City Highway Bridge (Belt Parkway), has a vertical 
clearance of 34 feet at mean high water and 39 feet at mean low water 
in the closed position. The existing regulations are listed at 33 CFR 
117.795(b).
    The owner of the bridge, New York City Department of Transportation 
(NYCDOT), requested a temporary change to the drawbridge operation 
regulations to facilitate the replacement of the bridge roadway deck.

[[Page 12622]]

    This temporary rule is necessary because the rehabilitation 
construction of the bridge deck requires the moveable bridge span 
undergoing repairs to remain in the closed position. As a result, the 
bridge owner requested that only one of the two opening spans open for 
the passage of vessel traffic from March 8, 2006 through September 7, 
2006.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. The notice of proposed rulemaking was published on 
January 30, 2006. The effective date for this temporary final rule was 
changed from March 1, 2006, to March 8, 2006, in order to provide 
sufficient time for public comment.

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 vessel traffic that 
normally transits this bridge should not be precluded from transiting 
due to single span bridge openings.

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 notice of proposed rulemaking would not have a significant 
economic impact on a substantial number of small entities for the 
following reason: Mill Basin is navigated predominantly by recreational 
vessels.
    The single span bridge openings should not preclude vessel traffic 
from transiting the bridge because the recreational vessels that 
normally use this waterway should be able to transit through the bridge 
with the reduced horizontal clearance of 67.5 feet due to their 
relative small size.

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.
    No small entities requested Coast Guard assistance and none was 
given.
    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 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 a 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or

[[Page 12623]]

adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 considering that it relates to the 
promulgation of operating regulations or procedures for drawbridges. 
Under figure 2-1, paragraph (32)(e), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed 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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. From March 8, 2006 through September 7, 2006, Sec.  117.795 is 
amended by suspending paragraph (b) and adding a temporary paragraph 
(d), to read as follows:


117.795  Jamaica Bay and Connecting Waterways.

* * * * *
    (d) The New York City Highway Bridge (Belt Parkway), mile 0.8, 
across Mill Basin, need only open one moveable span for the passage of 
vessel traffic from March 8, 2006 through September 7, 2006. The draw 
need not be opened for the passage of vessel traffic from 12 p.m. to 9 
p.m. on Sundays from May 15 through September 30, and on Memorial Day, 
Independence Day, and Labor Day. However, on these days the draw shall 
open on signal from the time two hours before to one hour after the 
predicted high tide(s).
    For the purpose of this section, predicted high tide(s) occur 15 
minutes later than that predicted for Sandy Hook, as documented in the 
tidal current data, which is updated, generated and published by the 
National Oceanic and Atmospheric Administration/National Ocean Service.

    Dated: March 2, 2006.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 06-2393 Filed 3-10-06; 8:45 am]
BILLING CODE 4910-15-P