[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Rules and Regulations]
[Pages 421-423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33832]



[[Page 421]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1132]
RIN 1625-AA09


Drawbridge Operation Regulation; 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 has temporarily changed the drawbridge 
operation regulations that govern the operation of the Smith Point 
Bridge, mile 6.1, across Narrow Bay, between Smith Point and Fire 
Island, New York. This temporary final rule is necessary to facilitate 
the completion of a major bridge rehabilitation project.

DATES: This temporary final rule is effective from January 5, 2012, 
through May 25, 2012. The rule has been enforced with actual notice 
since December 22, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2011-1132 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1132 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ms Judy Leung-Yee, Project Officer, First Coast Guard 
District Bridge Branch, (212) 668-7165, [email protected]. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)).
    This provision authorizes an agency to issue a rule without prior 
notice and opportunity to comment when the agency for good cause finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because it would be 
impracticable and contrary to the public interest to give prior notice 
and opportunity for comment. As is more fully discussed below, the 
rehabilitation work has already begun on this bridge under a temporary 
deviation published on September 30, 2011, (76 FR 60733) and that work 
was unexpectedly delayed. This rule provides a time extension so that 
the rehabilitation can be completed in the shortest possible time 
frame. Without this rule the work would have to be suspended thereby 
delaying the ultimate completion date. Further, as stated in the 
temporary deviation this waterway is used primarily by recreational 
boaters who can safely pass through the reduced horizontal clearance 
caused by this rule, the majority of whom do not operate during the 
months when this rule will be in effect.
    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 for the reasons stated above.

Basis and Purpose

    The Smith Point Bridge across Narrow Bay, mile 6.1, between Smith 
Point and Fire Island, New York, has a vertical clearance in the closed 
position of 16 feet at mean high water and 18 feet at mean low water. 
The drawbridge operation regulations are listed at 33 CFR 117.799(d).
    The waterway users are predominantly recreational vessels of 
various sizes.
    On September 30, 2011, the Coast Guard published a temporary 
deviation (76 FR 60733) from the regulations allowing single span 
bridge openings from September 26, 2011 through December 21, 2011, in 
order to facilitate bridge rehabilitation construction at Smith Point 
Bridge. Under the temporary deviation the bridge was allowed to open 
only one of the two moveable spans for the passage of vessels from 
September 26, 2011, through December 21, 2011.
    The bridge owner, Suffolk County Department of Public Works, 
recently advised the Coast Guard that the cleaning and painting 
operations delayed the structural steel repairs and requested an 
extension of 156 days to complete the rehabilitation project necessary 
to allow the bridge to return to its full two span operation. The Coast 
Guard expects minimal marine traffic transit through this bridge during 
the proposed effective dates of this rule, and all vessels known to use 
this waterway can pass through the bridge with a single span opening.
    As a result, the Coast Guard is publishing this temporary final 
rule to help facilitate completion of the bridge rehabilitation before 
the 2012 boating season begins.

Discussion of Rule

    The Coast Guard is publishing this temporary final rule, extending 
single span openings from December 22, 2011 through May 25, 2012, to 
help facilitate completion of bridge rehabilitation repairs. The 
rehabilitation repairs must be completed before the bridge can open 
both spans for the passage of vessel traffic for the 2012 boating 
season.
    The main navigation channel provides 55 feet of horizontal 
clearance with unobstructed vertical clearance during a bridge opening.
    During this temporary final rule the main channel will provide 27.5 
feet of horizontal clearance with unobstructed vertical clearance 
during a bridge opening.
    The Coast Guard believes that this temporary final rule should meet 
the reasonable needs of navigation because the vessels that normally 
use this bridge are recreational vessels that can safely pass through a 
27.5 foot horizontal clearance due to their relative small size. In 
addition, most of the above recreational vessels do not operate during 
the months when this rule will be in effect.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866. The 
Office of Management and Budget has not reviewed it under that Order.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons. The bridge presently 
cannot open two spans for vessel traffic due to the fact that

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rehabilitation repairs have not been completed. This action will 
facilitate completion of the bridge repairs. Most vessel traffic that 
uses this waterway can fit through the bridge with a single span 
opening.

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.
    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 will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
the bridge that cannot transit through a 27.5 foot horizontal 
clearance. The bridge presently cannot open two spans for the passage 
of vessel traffic because the rehabilitation repairs are not completed. 
This action will facilitate completion of the bridge repairs. Most 
vessel traffic that uses this waterway can fit through the bridge with 
a single span opening.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

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

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 (adjusted for 
inflation) 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 cause 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; Department of Homeland 
Security Delegation No. 0170.1.


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0
2. In Sec. 117.799, paragraph (d) is suspended and paragraph (k) is 
added to read as follows:


Sec.  117.799  Long Island, New York Inland Waterway from East Rockaway 
Inlet to Shinnecock Canal.

* * * * *
    (k) The draws of the West Bay Bridge, mile 0.0, across Quantuck 
Canal, Beach Lane Bridge, mile 1.1, across Quantuck Canal, and the 
Quoque Bridge, mile 1.1, across Quoque Canal, shall open on signal from 
October 1 through April 30 from 8 a.m. to 4 p.m. and from May 1 through 
September 30, from 6 a.m. to 10 p.m. The draw of the Smith Point 
Bridge, mile 6.1, across Narrow Bay, need open only one of the two 
movable spans for the passage of vessel traffic from December 22, 2011 
through May 25, 2012. The draw shall open on signal from December 22 
through April 30 from 8 a.m. to 4 p.m. and from May 1 through May 25, 6 
a.m. through 10 p.m. At all other times during these periods, the draws 
shall open as soon as possible but no more than one hour after a 
request to open is received.

    Dated: December 21, 2011.
James B. McPherson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2011-33832 Filed 1-4-12; 8:45 am]
BILLING CODE 9110-04-P