[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Rules and Regulations]
[Pages 49348-49350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13895]


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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; extension of effective period.

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SUMMARY: The Coast Guard has changed the effective period for the 
temporary 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 extend the effective period during which only one of the two 
moveable spans need open for the passage of vessel traffic. This rule 
is necessary to facilitate the completion of the ongoing bridge deck 
replacement.

DATES: This temporary rule is effective from September 8, 2006 through 
December 30, 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 City, NY,'' in the Federal Register (71 
FR 4852). We received no comments in response to the NPRM.
    On March 13, 2006, we published a temporary final rule (TFR) 
entitled ``Drawbridge Operation Regulations; Jamaica Bay and Connecting 
Waterways, New York City, NY,'' in the Federal Register (71 FR 12621).
    We did not publish an NPRM for this extension of the temporary 
final rule's effective period. Under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for not publishing an NPRM because 
it is impracticable to issue an NPRM prior to the previously announced 
September 7, 2006 expiration of the temporary final rule, and because 
any interruption of the arrangements permitted by the temporary final 
rule would be contrary to the public interest. For the same reason, the 
Coast Guard finds under 5 U.S.C. 553(d) that good cause exists for 
making this extension of the temporary final rule effective less than 
30 days after publication. The deck replacement for the New York City 
Highway Bridge is ongoing, vital, and necessary work that must be 
performed without delay as a result of the deterioration of the 
existing bridge deck which could fail if not replaced with all due 
speed. Work is behind schedule due to unforeseen construction delays 
and bad weather. In order to assure the continued safe and reliable 
operation of the bridge, construction should be allowed to continue 
through December 30, 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 in November 2005, to facilitate the replacement of the 
bridge roadway deck. During the prosecution of that rehabilitation 
construction, the opening span that was undergoing deck replacement 
could not open for vessel traffic. As a result, the bridge owner 
requested that only one of the two opening spans open for the passage 
of vessel traffic from March 1, 2006 through September 7, 2006.
    The Coast Guard published a temporary final rule (71 FR 12621) on 
March 13, 2006, effective from March 8,

[[Page 49349]]

2006 through September 7, 2006, to facilitate the above construction. 
The work was scheduled to be completed by September 7, 2006, but due to 
unforeseen construction delays and weather conditions, the work will 
not be completed by September 7, 2006, as planned.
    As a result, the extension of the effective period of this 
regulation is necessary to allow the bridge owner to continue to open 
only one of the two moveable spans for the passage of vessel traffic 
from March 8, 2006 through December 30, 2006, to facilitate the 
completion of the ongoing bridge deck replacement.

Discussion of Rule

    This temporary rule change would amend 33 CFR 117.795 by suspending 
paragraph (b), which lists the New York City Highway Bridge (Belt 
Parkway), and by adding a temporary paragraph (d) to allow single span 
bridge openings from March 8, 2006 through December 30, 2006.

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.
    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 rule 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.
    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 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 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 49350]]

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, 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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.


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 Public Law 102-587, 106 Stat. 5039.


0
2. From September 8, 2006 through December 30, 2006, Sec.  117.795 is 
amended by suspending paragraph (b) and adding a temporary paragraph 
(d), to read as follows:


Sec.  117.795  Jamaica Bay and Connecting Waterways.

* * * * *
    (d)(1) 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 December 30, 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).
    (2) 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: August 7, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
 [FR Doc. E6-13895 Filed 8-22-06; 8:45 am]
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