[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Rules and Regulations]
[Pages 47081-47083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11837]


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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, DHS.

ACTION: Temporary interim rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the Meadowbrook State Parkway Bridge across Sloop 
Channel, mile 12.8, at Nassau County, NY. The bridge is currently 
operating under single leaf openings to complete a bridge 
rehabilitation; however, during repairs, the Meadowbrook State Parkway 
Bridge experienced electrical failure in the submarine cables. Until 
the bridge repairs are complete the bridge openings must be minimized.

DATES: This temporary interim rule is effective May 31, 2024 through 
12:01 a.m. on January 2, 2025.

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 interim rule, call or email, Coast Guard Bridge Management 
Specialist, Stephanie Lopez at telephone 212-514-4335 or 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
NYSDOT New York State Department of Transportation
TFR Temporary Final Rule

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 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 (NPRM) 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.
    On February 23, 2024, the Coast Guard published a Temporary Final 
Rule (TFR) entitled ``Drawbridge Operation Regulation; Sloop Channel, 
Nassau County, NY,'' in the Federal Register (89 FR 13911). There we 
stated why we issued the TFR and implemented the change to the 
operating schedule for maintenance of the bridge.
    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

[[Page 47082]]

of proposed rulemaking (NPRM) with respect to this rule because it is 
impracticable. The bridge is currently operating under single leaf 
openings to conduct a bridge rehabilitation until May 15, 2024, and the 
bridge cannot be brought back to normal operation. Also, on February 
29, 2024, the Meadowbrook State Parkway Bridge experienced electrical 
failure in the submarine cables which has now added substantial time 
needed for repair and will further restrict the operation of the 
bridge. Due to the extensive damage to the submarine cables and delay 
in material procurement, NYSDOT predicts the repairs will take an 
estimate of 8 months to complete.
    However, we will be soliciting comments on this rulemaking during 
the first 30 days while this rule is in effect. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a secondary temporary interim rule or other appropriate 
document. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making it effective in less than 30 days after 
publication in the Federal Register because it is impracticable. Due to 
the damage the bridge suffered on February 29, 2024; the bridge cannot 
comply with the current operating regulation in 33 CFR 117.799(h) which 
states the bridge shall open on signal if at least a one-half hour 
notice is given to the New York State Department of Transportation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499. Meadowbrook State Parkway Bridge across Sloop Channel is a bascule 
bridge with a vertical clearance of 21 feet mean high water in the 
closed position and unlimited clearance in the open position. The 
Meadowbrook State Parkway Bridge normally operates under 33 CFR 
117.799(h); however, paragraph (h) has been stayed and a temporary 
paragraph (k) was issued to conduct the rehabilitation of the bridge 
under the TFR.
    The bridge is currently operating under single leaf openings to 
conduct bridge rehabilitation operations until May 15, 2024. On 
February 29, 2024, NYSDOT notified USCG of a bridge failure that 
occurred at the Meadowbrook State Parkway. The Meadowbrook State 
Parkway Bridge suffered damage to the submarine cables disabling the 
bridge from operating under the current regulation which states the 
bridge must open on signal if at least a one-half hour notice is given. 
NYSDOT is requesting a 3-hour notice be required for bridge openings 
during set times.

IV. Discussion of the Rule

    NYSDOT is proposing single leaf openings with a 3-hour advance 
notice for the following times: 5 a.m., 8 a.m., 11 a.m., 2 p.m., 5 
p.m., 8 p.m., and 11 p.m., from May 31, 2024 through May 15, 2024. From 
May 16, 2024, until January 2, 2025, the bridge will perform double 
leaf openings with a 3-hour advance notice for the following times: 5 
a.m., 8 a.m., 11 a.m., 2 p.m., 5 p.m., 8 p.m., and 11 p.m. No bridge 
openings will be performed outside of these time frames except for 
emergency vessels. This temporary interim rule is required while NYSDOT 
performs bridge repairs. 33 CFR 117.799(h) will remain stayed until 
January 2, 2025, and the current temporary paragraph (k) will be 
revised to reflect the new temporary operating schedule.

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 given 3 hours 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. 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.

[[Page 47083]]

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; Department of Homeland 
Security Delegation No. 0170.1. Revision No. 01.3.


0
2. Section 117.799 is amended by staying paragraph (h), adding a 
reserved paragraph (j), and adding paragraph (k).
    The additions read as follows:


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

* * * * *
    (j) [Reserved]
    (k) The draw of the Meadowbrook State Parkway Bridge across Sloop 
Channel, mile 12.8, shall open under single leaf openings with a 3-hour 
advance notice for the following times: 5 a.m., 8 a.m., 11 a.m., 2 
p.m., 5 p.m., 8 p.m., and 11 p.m., May 31, 2024 through May 15, 2024. 
From May 16, 2024, until January 2, 2025, the bridge will perform 
double leaf openings with a 3-hour advance notice for the following 
times: 5 a.m., 8 a.m., 11 a.m., 2 p.m., 5 p.m., 8 p.m., and 11 p.m. No 
bridge openings will be performed outside of these time frames.

M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-11837 Filed 5-30-24; 8:45 am]
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