[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Rules and Regulations]
[Pages 37974-37975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09922]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0854]
RIN 1625-AA09


Drawbridge Operation Regulation; Reynolds Channel, Atlantic 
Beach, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is altering the operating schedule that 
governs the Atlantic Beach Bridge across the Reynolds Channel, mile 
0.4, at Atlantic Beach, NY. The bridge owner, Nassau County Bridge 
Authority, submitted a request on September 22, 2022 to modify the 
regulation to decrease the amount of openings on signal from October 
through May. On November 16, 2023 Nassau County Bridge Authority sent 
an additional request to add a bridge tower call number and remove 
outdated language. It is expected that this change to the regulations 
will better serve the needs of the community while continuing to meet 
the reasonable needs of navigation.

DATES: This rule is effective June 6, 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-2022-0854) 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 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
SNPRM Supplemental Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 25, 2023, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) with a request for comments, entitled ``Drawbridge 
Operation Regulation; Reynolds Channel, Atlantic Beach, NY'' in the 
Federal Register (88 FR 58176), to seek your comments on whether the 
Coast Guard should consider modifying the current operating schedule to 
the Atlantic Beach Bridge. No comments were received.
    On February 21, 2024, the Coast Guard published a Supplemental 
Notice of Proposed Rulemaking (SNPRM) with a request for comments, 
under the same title as the NPRM in the Federal Register (89 FR 13013), 
There we stated why we issued the SNPRM, and invited comments on our 
proposed regulatory action related to this regulatory change. During 
the comment period that ended March 22, 2024, we received three 
comments and those comments are addressed in Section IV of this Final 
Rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Atlantic Beach Bridge at mile 0.4, across Reynolds Channel, 
Atlantic Beach, NY, has a vertical clearance of 25 feet at mean high 
water and a horizontal clearance of 125 feet. Waterway users include 
recreational and commercial vessels, including fishing vessels.
    The existing drawbridge operating regulations are listed at 33 CFR 
117.799(e). Under the current regulation, the bridge shall open on 
signal from October 1 through May 14. Nassau County is requesting the 
bridge shall open on signal from 8 a.m. to midnight October 1 through 
May 14; and from midnight to 8 a.m. year-round the draw shall open on 
signal if at least eight hours advance notice is given.
    The Reynolds Channel is transited by recreational vessels and 
commercial vessels. In recent years, a significant amount of industrial 
and commercial business has closed along the waterfront. This change 
has caused a decrease in the number of bridge opening requests from 
midnight to 8 a.m.
    Nassau County Bridge Authority held two public meetings on August 
18, 2022 and August 25, 2022. No one from the public attended.

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

    Coast Guard provided a comment period of 30 days and three comments 
were received. All three comments were positive and in favor of the 
rule change.

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 of 
vessels to 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 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

[[Page 37975]]

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, 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 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. Amend Sec.  117.799 by revising paragraph (e) to read as follows:


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

* * * * *
    (e) The draw of the Atlantic Beach Bridge across Reynolds Channel, 
mile 0.4, shall operate as follows:
    (1) From October 1 through May 14 the draw shall open on signal 
from 8 a.m. to midnight.
    (2) From midnight to 8 a.m. year-round, the draw shall open on 
signal if at least eight (8) hours of notice is given by calling the 
Bridge Tower at 516-239-1821.
    (3) From May 15 through September 30, the bridge will open on 
signal except from 4 p.m. to 7 p.m. on weekdays, and from 11 a.m. to 9 
p.m. on Saturdays, Sundays, Memorial Day, Independence Day, and Labor 
Day, when the bridge will open on the hour and half-hour.
* * * * *

    Dated: April 27, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-09922 Filed 5-6-24; 8:45 am]
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