[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Rules and Regulations]
[Pages 13911-13913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03462]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0532]
RIN 1625-AA09


Drawbridge Operation Regulation; Sloop Channel, Nassau County, NY

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the Meadowbrook State Parkway Bridge, mile 12.8, 
across Sloop Channel, Nassau County, NY. The bridge owner, New York 
State Department of Transportation (NYSDOT), submitted a request to 
operate the bridge under single leaf openings to perform bridge deck 
replacement.

DATES: This temporary final rule is effective March 25, 2024, until May 
16, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number (USCG-2023-0532) in the ``SEARCH'' box and click 
``SEARCH''. In the Document Type column, select ``Supporting & Related 
Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Ms. Stephanie E. Lopez, First Coast 
Guard District, Project Officer, telephone 571-608-5676, 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
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
NYSDOT New York State Department of Transportation

II. Background Information and Regulatory History

    On September 19, 2023, the Coast Guard issued a general deviation 
to NYSDOT allowing the bridge owner, NYSDOT, to deviate from the 
current operating schedule in 33 CFR 117.799(h) for the Meadowbrook 
State

[[Page 13912]]

Parkway Bridge. This deviation allowed the bridge to operate under 
single leaf operations from September 20, 2023, to March 17, 2024, in 
order to perform bridge deck replacement.
    Since the actual scope of the work would take longer than the 
allowable time limit of the General Deviation, the Coast Guard 
published a notice of proposed rulemaking on October 3, 2023, entitled 
``Drawbridge Operation Regulation; Sloop Channel, Nassau County, NY,'' 
in the Federal Register (88 FR 68033). There we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action 
related to the rehabilitation of the Meadowbrook State Parkway Bridge. 
During the comment period that ended November 2, 2023, we received no 
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499. The Meadowbrook State Parkway Bridge will continue to operate 
under its regular operating schedule found in 33 CFR 117.799(h). 
However, this rule will allow the bridge to operate under single leaf 
openings from March 25, 2024, until May 16, 2024. For vessels that are 
too large for single leaf openings NYSDOT has identified an alternate 
route. Vessels that can pass without requesting a bridge opening may do 
so. NYSDOT has reached phase 2 of the project which requires replacing 
the bridge deck. This rule will allow the project to progress while 
minimizing impact on mariners.

IV. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard published an NPRM on October 3, 2023, providing a 
comment period of 30 days and no comments were received. This temporary 
rule will allow for completion of the bridge rehabilitation.

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.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, it has not been reviewed by the Office of Management and 
Budget (OMB).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge through the single leaf openings 
and vessels that are too large to make passage through single leaf 
openings have alternate routes which they can make passage.

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 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.
    The Coast Guard published an NPRM on October 3, 2023, providing a 
comment period of 30 days and no comments were received.

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.
    The Coast Guard published an NPRM on October 3, 2023, providing a 
comment period of 30 days and no comments were received.

F. Environment

    We have analyzed this 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 that do not individually or

[[Page 13913]]

cumulatively have a significant effect on the human environment. This 
rule promulgates the operating regulations or procedures for 
drawbridges and is categorically excluded from further review, under 
paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard 
Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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; and DHS Delegation No. 
00170.1, Revision No. 01.3.

0
2. In Sec.  117.799:
0
a. Paragraph (h) is stayed; and
0
b. Paragraph (k) is added.
    The addition reads as follows:


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

* * * * *
    (k) The draw of the Meadowbrook State Parkway Bridge across Sloop 
Channel, mile 12.8, shall operate on single leaf openings from March 
25, 2024, to May 16, 2024. The draw will open for commercial vessels 
engaged in commerce and shall open Monday through 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 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: February 13, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-03462 Filed 2-22-24; 8:45 am]
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