[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Rules and Regulations]
[Pages 57674-57676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26431]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0595]
RIN 1625-AA09
Drawbridge Operation Regulation; Jamaica Bay, Queens, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Marine Parkway (Gil Hodges) Bridge across Jamaica Bay
(Rockaway Inlet), mile 3.0, at Queens, NY. This temporary interim rule
is necessary to accomodate Metropolitan Transportation Authority's
(MTA) (the owner of the Marine Parkway Bridge) unexpected emergency
repairs requiring a complete closure of the Bridge and an extension of
time for their completion. The active deviation allows for opening of
the bridge with two-hours of advance notice and expires at the 180th
day. Existing federal
[[Page 57675]]
regulations do not allow back-to-back deviations.
DATES: This temporary interim rule is effective without actual notice
from December 7, 2017 through 11:59 p.m. on May 25, 2018. For the
purposes of enforcement, actual notice will be used from 12:01 a.m. on
November 27, 2017 until December 7, 2017.
Comments and related material must reach the Coast Guard on or
before February 5, 2018.
ADDRESSES: You may submit comments or view documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov. Type USCG-2017-0595 in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rulemaking.
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
temporary final rule, call or email Judy K. Leung-Yee, Bridge
Management Specialist, U.S. Coast Guard; telephone 212-514-4336, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
II. Background Information and Regulatory History
On July 6, 2017, we published a temporary deviation entitled,
``Drawbridge Operation Regulation; Marine Parkway Bridge, Jamaica Bay,
Queens, NY'' in the Federal Register (82 FR 31255). Although we did not
request public comments, we conducted a public outreach and received no
objections to the temporary deviation. No complaints have been
submitted during the current temporary deviation's operation.
The Coast Guard is issuing this temporary interim 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), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. During the recent replacement/rehabilitation of lift
span systems, water was discovered inside the power and communication
cables from the main electrical rooms on the lower level of the towers
to the machinery rooms at the tops of the towers. In addition,
structural steel for riser conduit support is also in need of immediate
repairs and/or replacement. We must modify the opration schedule of the
Bridge by November 27, 2017 to allow the bridge owner to conduct
emergency repairs, but we lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
modification.
We are issuing this rule and under 5 U.S.C. 553(d)(3) and for the
reasons stated above, the Coast Guard finds that good cause exists for
making it effective in less than 30 days after publication in the
Federal Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Coast Guard is modifying the operating schedule that governs the
Marine Parkway Bridge across Jamaica Bay, mile 3.0, at Queens, New
York. The Marine Parkway Bridge is a vertical lift bridge offering
mariners a vertical clearance of 55 feet at mean high water and 59 feet
at mean low water in the closed position.
The normal operating schedule for the Bridge is listed at 33 CFR
117.795(a). MTA, the bridge owner, has requested this modification as
additional time is required to perform the emergency repairs as
described above.
The waterway is transited by seasonal recreational traffic as well
as commercial vessels, largely tug and barge combinations. The 55 foot
vertical clearance while the bridge is in the closed position offers
the bulk of commercial traffic sufficient room to transit under the
bridge in the closed position. During the time period of October 2016
to October 2017, there have been twelve (12) scheduled bridge openings
for commercial vessel transit, two of which were cancelled prior to
operation. Vessels that can pass under the bridge without an opening
may do so at all times. The bridge will not be able to open for
emergencies. There is no immediate alternate route for vessels unable
to pass through the bridge when in the closed position.
IV. Discussion of the Temporary Interim Rule
The Coast Guard has issued a Temporary Interim Rule from the
operating schedule that governs the the Marine Parkway Bridge across
Jamaica Bay, mile 3.0, at Queens, New York, in order to complete
emergency repairs. The rule is necessary to accommodate the completion
of the emergency repairs before the next boating season begins. This
rule allows the bridge to remain in the closed position from 12:01 a.m.
on November 27, 2017 through 11:59 p.m. on May 25, 2018.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the fact that the
emergency bridge closure period is in the winter season and the
majority of vessels will be able to successfully transit through the
draw of the bridge without an opening.
B. 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 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.
While some owners or operators of vessels intending to transit the
bridge
[[Page 57676]]
may be small entities, for the reasons stated in section V.A above,
this interim rule will not have a significant economic impact on any
vessel owner or operator due to the clearance level while in the closed
position and the fact the rule would be applied during at a time of
year when vessel traffic is at its lowest.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
C. 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).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. 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 made a
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. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
G. 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this Temporary Interim Rule as being
available in this docket and all public comments, will be in our online
docket at http://www.regulations.gov and can be viewed by following
that Web site's instructions. Additionally, if you go to the online
docket and sign up for email alerts, you will be notified when comments
are posted or a final rule is published.
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. 117.795, effective from December 7, 2017 to 11:59 p.m. on
May 25, 2018, suspend paragraph (a) and add paragraph (d) to read as
follows:
Sec. 117.795 Jamaica Bay and connecting waterways.
* * * * *
(d) The draw of the Marine Parkway Bridge, mile 3.0 over Rockaway
Inlet, will not open for the passage of the vessels. The drawbridge
will return to its regular operating schedule on May 26, 2018.
Dated: November 21, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2017-26431 Filed 12-6-17; 8:45 am]
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