[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Rules and Regulations]
[Pages 22492-22495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9056]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0144]
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: Interim rule with request for comments.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operating regulations governing the operation of the Atlantic Beach 
Bridge, mile 0.4, across Reynolds Channel at Lawrence, New York. The 
owner of the bridge has requested a temporary change to the regulations 
to facilitate major rehabilitation at the bridge. It is expected that 
this temporary change to the regulations will help facilitate the 
bridge rehabilitation. This interim rule is intended to better meet the 
present needs of navigation by allowing the bridge rehabilitation 
repairs to continue on schedule while providing the public the 
opportunity to submit comments.

DATES: This interim rule is effective from April 23, 2012 through May 
15, 2013. Comments and related material must reach the Coast Guard on 
or before May 15, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0144 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule,

[[Page 22493]]

call or email Ms. Judy Leung-Yee, the Coast Guard Project Officer; 
telephone 212-668-7165, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0144), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard 
when you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been received by 
the Coast Guard when it is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that we can 
contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2012-0144'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change this rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0144'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

Regulatory Information

    The Coast Guard is issuing this interim 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 sufficient time to promulgate a 
notice of proposed rulemaking with a comment period and then a final 
rule would result in the temporary final rule not going into effect 
until July 2012, which would then impact two boating seasons instead of 
just one, and delay of the bridge rehabilitation would result in 
significant additional taxpayer expense.
    We received the bridge owner's request for deviation on February 9, 
2012. The bridge owner mistakenly believed they were required to 
provide only 30 days notice to the Coast Guard to implement the 
temporary regulation change.
    The Coast Guard normally requires 30 days advance notice for 
temporary deviations from the drawbridge operation regulations of less 
than 180 days in total duration.
    In this case, the total time the regulations will be temporarily 
changed exceeds 180 days, which requires at least 90 days notice in 
order to allow sufficient time for the Coast Guard to promulgate a 
notice of proposed rulemaking with a comment period and a final rule.
    Failure to commence the rehabilitation project on April 23, 2012 
will cause a significant delay to this project. The bridge 
rehabilitation repairs scheduled to commence April 23, 2012, include 
the removal and replacement of the following: The primary and secondary 
gear drive motors, brakes, shafts, couplings, bearings, lubrication 
lines, span lock motors, span lock reducers, span lock guides, receiver 
bushings, electrical bridge controls, bridge power and lighting, motor 
control center, navigation lighting, and electrical conduits and 
wiring.
    The contractor has arranged for personnel and equipment to be 
available between April 2012 and May 2013 to conduct the bridge 
rehabilitation repairs. Should the project not commence on April 23, 
2012, a significant financial loss to the bridge owner and taxpayers 
would result, and this bridge rehabilitation project would continue 
into a second recreational boating season further impacting marine 
interests.
    As a result of the information above, the Coast Guard believes that 
delaying this bridge repair project would be contrary to the best 
interest of the general public and the marine transportation system 
that transit Reynolds Channel.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists, 
for the reasons discussed above, for making this rule effective less 
than 30 days after publication in the Federal Register.

Basis and Purpose

    The Atlantic Beach Bridge, mile 0.4, across Reynolds Channel at 
Lawrence, New York, has a vertical clearance in the closed position of 
25 feet at mean high water and 30 feet at mean low water. The 
drawbridge operation

[[Page 22494]]

regulations are listed at 33 CFR 117.799(e).
    The existing drawbridge operation regulations require the draw to 
open on signal October 1 through May 14. From May 15 through September 
30 the draw shall open on signal, except that it need only open on the 
hour and half hour from 4 p.m. to 7 p.m. on weekdays, and from 11 a.m. 
to 9 p.m. on Saturday and Sunday, Memorial Day, Independence Day, and 
Labor Day.
    The Coast Guard received a request from the owner of the bridge, 
Nassau County, asking permission to temporarily change the drawbridge 
operation regulations to help facilitate major rehabilitation at the 
bridge.
    During the bridge rehabilitation project only one of the two 
movable spans will be raised for the passage of vessel traffic when 
work is underway.
    In order to facilitate the extensive rehabilitation required at the 
bridge, scheduled bridge openings will be necessary from April 23, 2012 
through May 15, 2013.
    The horizontal clearance of the navigable channel is 125 feet when 
both spans are opened. A horizontal clearance of 62.5 feet, available 
during single span openings, is expected to be sufficient for the 
anticipated vessel traffic transiting the bridge during the bridge 
rehabilitation period.
    The owner of the bridge and the Coast Guard coordinated and 
discussed this rehabilitation project and the necessary temporary 
changes to the drawbridge regulations with the commercial and 
recreational waterway users that normally transit the bridge. Users of 
the waterway consist of oil barges and tugs as well as power and sail 
recreational craft. No objections were raised.
    As a result of the above coordination, the drawbridge regulations 
will be temporarily changed from April 23, 2012 through May 15, 2013, 
to facilitate the bridge repairs. Based on our coordination with the 
waterway users it is expected that this action will meet the reasonable 
needs of navigation.
    Because the temporary change to the operating schedule of the 
drawbridge will be greater than 180 days, we are issuing a temporary 
interim rule requesting public comment in order to both facilitate 
completion of the bridge rehabilitation and to have the public 
participate in the rulemaking process.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend 33 CFR 117.799(e) 
and add a temporary paragraph (k) from April 23, 2012 through May 15, 
2013, to read as follows:
    From April 23, 2012 through September 30, 2012, except for the 
closure period identified in the following paragraph, from Monday 
through Friday the Atlantic Beach Bridge, mile 0.4, across Reynolds 
Channel, may operate a single span every two hours on the even hour 
between 6 a.m. and 8 p.m. and on signal between 8 p.m. and 6 a.m. On 
weekends and holidays the bridge shall open both spans every hour on 
the hour from Friday at 8 p.m. through Monday at 6 a.m.
    From July 23, 2012 through July 30, 2012, the bridge may remain in 
the closed position between 12 a.m. and 5 a.m., daily.
    From October 1, 2012 through May 15, 2013, the bridge shall operate 
a single span, Monday through Sunday, at 6 a.m., 12 p.m., 4 p.m., and 8 
p.m. Between 8 p.m. and 6 a.m. the bridge will operate a single span on 
signal. During the above time period the bridge will open both spans 
for commercial vessel traffic at all times after at least a 48 hour 
advance notice is given.

Regulatory Analysis

    We developed this interim rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analysis 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 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 because the bridge will continue to open on a set 
schedule that was discussed with the waterway users in advance and no 
objections were received.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 section 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 between April 23, 2012 and May 15, 
2013. The bridge will open on a set schedule that was discussed with 
the waterway users in advance and no objections were received.
    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), we want to assist small 
entities in understanding this interim final rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If the rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Commander (dpb), 
First Coast Guard District Bridge Branch, One South Street, New York, 
NY 10004. The telephone number is (212) 668-7165. The Coast Guard will 
not retaliate against small entities that question or complain about 
this interim 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

[[Page 22495]]

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 would 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 interim 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this interim rule.
    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 is 
amending 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.


0
2. Effective April 23, 2012 through May 15, 2013, Sec.  117.799 is 
amended by suspending paragraph (e) and adding a temporary paragraph 
(k) to read as follows:


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

* * * * *
    (k) The draw of the Atlantic Beach Bridge at mile 0.4, across 
Reynolds Channel shall open on signal as follows:
    (1) Except as provided in paragraph (k)(2) of this section, from 
April 23, 2012 through September 30, 2012, Monday through Friday, the 
draw may operate a single span on signal, every two hours, on the even 
hour, between 6 a.m. and 8 p.m. Monday through Friday from 8 p.m. 
through 6 a.m. the draw may operate a single span on signal. On 
weekends and holidays from Friday at 8 p.m. through Monday at 6 a.m. 
the bridge shall open both spans every hour on the hour.
    (2) From July 23, 2012 through July 30, 2012, the bridge may remain 
in the closed position between 12 a.m. and 5 a.m., daily.
    (3) From October 1, 2012 through May 15, 2013, the draw may operate 
a single span on signal at 6 a.m., 12 p.m., 4 p.m., and 8 p.m. and at 
any time between 8 p.m. and 6 a.m. The draw shall open both spans at 
all times for commercial vessel traffic after at least a 48 hour 
advance notice is given by calling the number posted at the bridge.

    Dated: March 23, 2012.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-9056 Filed 4-13-12; 8:45 am]
BILLING CODE 9110-04-P