[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Proposed Rules]
[Pages 23933-23935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08803]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0052]
RIN 1625-AA09


Drawbridge Operation Regulation; Long Creek, Nassau, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Loop Parkway Bridge across Long Creek, mile 0.7 at Nassau, 
New York. The bridge owner, New York State Department of Transportation 
(NYSDOT), submitted a request to modify bridge openings and expects 
that this change to the regulations will better serve the needs of the 
community while continuing to meet the reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before June 1, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0052 using Federal eRulemaking Portal at http://www.regulations.gov.
    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 proposed 
rule, call or email Ms. Stephanie E. Lopez, First Coast Guard District, 
Project Officer, telephone 212-514-4335, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Loop Parkway Bridge at mile 0.7, across Long Creek, Nassau, New 
York, has a vertical clearance of 21 feet at mean high water and 25 at 
mean low water. Horizontal clearance is approximately 75.5 feet. The 
waterway users include recreational and commercial vessels including 
fishing vessels.
    The existing drawbridge operating regulations are listed at 33 CFR 
117.799(f).
    In 2005, the owner of the bridge, New York State Department of 
Transportation, requested a temporary test deviation for an alternate 
drawbridge operation regulation; however, it was never followed up with 
a rulemaking. The bridge owner assumed since the temporary test 
deviation was a success, new signage reflecting the temporary deviation 
was installed and the bridge has been operating under that temporary 
test deviation for the past 15 years. After a recent construction 
operation commenced, the bridge operator began operating the bridge 
under the existing regulation. USCG Sector Long Island Sound received 
several complaints from mariners who were upset the bridge was no 
longer operating under the old temporary test deviation. We have 
implemented a new temporary test deviation for this proposed rule 
change. Based on the data that was provided by the bridge owner, the 
number of requested bridge openings has decreased over the years, while 
the vehicular traffic has increased. The schedule restricts bridge 
openings during vehicular rush hours, allowing openings twice per hour. 
This schedule allows less congestion buildup of vehicular traffic while 
providing mariners with a reliable, consistent time they can request a 
bridge opening.

III. Discussion of Proposed Rule

    The proposed rule provides for commercial vessels engaged in 
commerce, the draw shall open Monday thru Friday from 6:20 a.m. to 9:50 
a.m. and 3:20 p.m. to 7:20 p.m. on signal at 20 and 50 minutes after 
the hour, and on signal at all other times. For all other vessels, the 
draw shall open on Monday thru Friday from 6:20 a.m. to 7:20 a.m. on 
signal at 20 and 50 minutes after the hour, and the draw shall open on 
Saturday, Sunday and Federal Holidays from 7:20 a.m. to 8:20 a.m. on 
signal at 20 and 50 minutes after the hour, and on signal at all other 
times. The reason for these changes is to minimize excessive bridge 
openings which were a direct cause of accelerated deterioration of the 
bridge.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 ability that 
vessels can still transit the bridge given advanced notice.

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.

[[Page 23934]]

605(b) that this proposed rule would 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 may be small entities, for the reasons stated in section IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    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.
    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 proposed 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 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would call 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 proposed 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 proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series), which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The 
Coast Guard has determined 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 proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. 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 NPRM 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 website'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 proposes 
to amend 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. Revise Sec.  117.799(f) to read as follows:


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

* * * * *
    (f) The draw of the Loop Parkway Bridge across Long Creek, mile 
0.7, shall open for commercial vessels engaged in commerce, the draw 
shall open Monday thru Friday from 6:20 a.m. to 9:50 a.m. and 3:20 p.m. 
to 7:20 p.m. on signal at 20 and 50 minutes after the hour, and on 
signal at all other times. For all other vessels, the draw shall open 
on Monday thru Friday from 6:20 a.m. to 7:20 p.m. on signal at 20 and 
50 minutes after the hour, and the draw shall open on

[[Page 23935]]

Saturday, Sunday and Federal Holidays from 7:20 a.m. to 8:20 p.m. on 
signal at 20 and 50 minutes after the hour, and on signal at all other 
times.
* * * * *

    Dated: April 21, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-08803 Filed 4-29-20; 8:45 am]
 BILLING CODE 9110-04-P