[Federal Register Volume 72, Number 171 (Wednesday, September 5, 2007)]
[Rules and Regulations]
[Pages 50875-50876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17509]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2001-10881]
RIN 1625-AA36


Drawbridge Operation Regulations; Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correction.

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

SUMMARY: The Coast Guard is correcting an oversight to the operating 
schedule of the Beach Channel railroad bridge across Jamaica Bay, mile 
6.7, at Queens, New York, published on December 4, 2006 in the Federal 
Register. We are also correcting a paragraph designation in the 
operating schedule for the Woodrow Wilson Bridge across the Potomac 
River between Oxon Hill, Maryland and Alexandria, Virginia.

DATES: This Final rule is effective September 5, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2001-10881 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Chris Jaufmann, Office of Bridge 
Administration, United States Coast Guard Headquarters, 202-372-1511. 
If you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, Program Manager, Docket Operations, Department of 
Transportation, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On December 4, 2006, the Coast Guard published a final rule that 
made technical, organizational, and conforming amendments throughout 33 
CFR part 117 (71 FR 70305). This rule became effective on January 4, 
2007. However, the January 4, 2007 effective date inadvertently changed 
the operating schedule of the Beach Channel railroad bridge across 
Jamaica Bay, mile 6.7, at Queens, New York (33 CFR 117.795) which was 
published on October 20, 2006 and became effective on November 20, 2006 
(71 FR 61895). Also, the amendatory language for 33 CFR 117.255 Potomac 
River, in the December 4, 2006 final rule, incorrectly designated 
paragraph (c) as paragraph (d).

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing an NPRM for the present rule. An NPRM 
entitled ``Drawbridge Operation Regulations; Jamaica Bay and Connecting 
Waterways, New York'', was published in the Federal Register, on May 
24, 2006, for the original change to the operating schedule (71 FR 
29869). We are not making any changes to that final rule and are in 
fact correcting our error in reversing the changes made when that rule 
was finalized. Further notice and comment would be contrary to public 
interest and unnecessary.
    For the same reason, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective in less 
than 30 days after publication in the Federal Register.

Background and Purpose

    Originally, the owner of the Beach Channel railroad bridge, New 
York City Transit, requested a change to the drawbridge operation 
regulations to help reduce commuter rail traffic delays during the 
morning and afternoon commuter hours. An NPRM was published on May 24, 
2006 and a final rule on October 20, 2006 reflecting these changes (71 
FR 29869, 71 FR 61895). On December 4, 2006 another final rule was 
published that mistakenly removed the operating schedule for the Beach 
Channel railroad bridge from the Code of Federal Regulations (71 FR 
70305). This current final rule reestablishes the regulation published 
on October 20, 2006, which allows the Beach Channel Bridge to remain in 
the closed position during the morning and afternoon commuter rush 
hours from 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday 
through Friday, except Federal holidays.
    This rule will also make a minor technical edit by changing the 
paragraph (d) designation to paragraph (c) for 33 CFR 117.255 Potomac 
River, which was written incorrectly in the amendatory language for the 
final rule that published on December 4, 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.
    We expect no economic impact of this rule so a full Regulatory 
Evaluation is unnecessary. This conclusion is based on the fact that 
vessel traffic would not be precluded from transiting through the Beach 
Channel railroad bridge each day, except for two closures of short 
duration, one in the morning, and one in the afternoon. Mariners would 
simply need to plan their daily transits in accordance with drawbridge 
operation schedule in order to help balance the needs of both rail and 
marine traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 of less than 50,000.
    This rule could affect the following entities, some of which may be 
small entities, commercial barges and recreational vessels intending to 
transit the Beach Channel span. 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 for the reasons set 
forth in the Regulatory Evaluation section.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 50876]]

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so that they can 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). The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

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 a 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This 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 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.lD, 
and Department of Homeland Security Management Directive 5100.1, 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. 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
Accordingly, 33 CFR part 117 is corrected by making the following 
correcting amendments:

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; Department of Homeland 
Security Delegation No. 0170.1.


Sec.  117.255  [Amended]

0
2. In Sec.  117.255 redesignate paragraph (d) as paragraph (c).

0
3. In Sec.  117.795 add paragraph (c) to read as follows:


Sec.  117.795  Jamaica Bay and Connecting Waterways.

* * * * *
    (c) The draw of the Beach Channel railroad bridge shall open on 
signal; except that, the draw need not open for the passage of vessel 
traffic, 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday through 
Friday, except Federal holidays.

    Dated: August 29, 2007.
J.G. Lantz,
Acting, Assistant Commandant for Prevention.
[FR Doc. E7-17509 Filed 9-4-07; 8:45 am]
BILLING CODE 4910-15-P