[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Rules and Regulations]
[Pages 6728-6730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02083]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-1040]
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: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulations that govern the Wantagh State Parkway Bridge, mile 16.1, 
across Goose Creek at Jones Beach, New York, and revising the 
regulations that govern the Captree State Parkway Bridge, mile 30.7, 
across the State Boat Channel at Captree Island, New York. The Wantagh 
State Parkway Bridge was replaced with a fixed bridge and the 
drawbridge operation regulations are no longer necessary. The method 
for contacting the bridge tender at the Captree State Parkway Bridge 
changed several years ago and this action will update the regulations 
to reflect the present contact protocol.

DATES: This rule is effective January 31, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2012-1040 and are available by 
going to http://www.regulations.gov, inserting USCG-2012-1040 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:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

A. Regulatory History and Information

    The Coast Guard is issuing this 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 the Wantagh State Parkway Bridge that 
once required drawbridge operation regulations was replaced with a 
fixed span bridge; therefore, these regulations are no longer 
applicable and shall be removed. The protocol in the existing 
regulations to contact the bridge tender for bridge openings at the 
Captree State Parkway Bridge via a telephone located on the bridge pier 
is no longer accurate since the telephone was removed many years ago. 
This action will update the present protocol to contact the bridge for 
openings which is to call the number posed at the bridge. It is 
unnecessary to publish a notice of proposed rulemaking because this 
regulatory action does not purport to place any restrictions on 
mariners but rather removes a restriction that has no further use or 
value.
    Under 5 U.S.C. 553(d)(1), a rule that relieves a restriction is not 
required to provide the 30 day notice period before its effective date. 
This rule removes the Wantagh State Parkway Bridge draw operation 
requirements under 33 CFR 117.799(i), thus removing a regulatory 
restriction on the public.
    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. The bridge has been replaced with 
a fixed span bridge and this rule merely requires an administrative 
change to the Federal Register, in order to omit a regulatory 
requirement that is no longer applicable or necessary and revise the 
contact method at the Captree State Parkway Bridge which has been 
obsolete for many years and will simply be updated to reflect the 
present protocol.

B. Basis and Purpose

    The drawbridge operation regulations for the Wantagh State Parkway 
Bridge at mile 16.1, across Goose Creek, at Jones

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Beach, New York, and the Captree State Parkway Bridge are listed at 33 
CFR 117.799(i).
    The Wantagh State Parkway Bridge was replaced with a fixed span 
structure; therefore, the Coast Guard is removing the Wantagh State 
Parkway Bridge from the regulations because they are no longer 
necessary. The drawbridge operation regulations for the Captree State 
Parkway Bridge will not be removed; however, the contact method will be 
changed to calling the number posted at the bridge for bridge openings. 
Formerly there was a telephone located at the bridge pier to call the 
tender. That phone was removed many years ago.

C. Discussion of Final Rule

    This final rule revises the drawbridge operation regulations listed 
at 33 CFR 117.799(i), that govern the operation of the Wantagh State 
Parkway Bridge, mile 16.1, across Goose Creek, at Jones Beach, New 
York, and the Captree State Parkway Bridge, mile 30.7, across the State 
Boat Channel, at Captree Island. The Wantagh State Parkway Bridge was 
replaced with a fixed span bridge and as a result, we are revising 
paragraph (i), by removing the Wantagh State Parkway Bridge from the 
regulations. The regulations for the Captree State Parkway Bridge will 
not be removed by this action; however, the contact instructions in the 
existing regulation to contact the tender will be revised because the 
phone formerly located at the bridge fender to contact the tender was 
removed many years ago.

D. Regulatory Analyses

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

1. 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 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    The Coast Guard does not consider this rule to be ``significant'' 
under that order because it is an administrative change and does not 
affect the way vessels operate on the waterway.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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 have no effect on small entities since this 
drawbridge has been removed and replaced with a fixed bridge and the 
regulation governing drawbridge operations for this bridge is no longer 
necessary. There is no new restriction or regulation being imposed by 
this rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.

3. 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).

4. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on States, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the variations levels 
of government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

5. 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.

 6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have a taking implication under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property.

8. 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.

9. 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 create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

10. 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.

11. 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.

12. Technical Standards

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

13. 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

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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.


0
2. In Sec.  117.799, revise paragraph (i) to read as follows:


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

* * * * *
    (i) The draw of the Captree State Parkway Bridge at mile 30.7, 
across the State Boat Channel, at Captree Island, shall open on signal 
if at least a one half hour advance notice is given by calling the 
number posted at the bridge as follows:
    (1) Every other hour on the even hour.
    (2) From April 1 through October 31, on Saturday, Sunday, and 
Federal holidays every three hours beginning at 3 a.m.
* * * * *

    Dated: December 17, 2012.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-02083 Filed 1-30-13; 8:45 am]
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