[Federal Register: June 22, 2004 (Volume 69, Number 119)]
[Rules and Regulations]
[Page 34568-34570]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn04-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-025]
RIN 1625-AA09
Drawbridge Operation Regulations: Long Island, New York Inland
Waterway From East Rockaway Inlet to Shinnecock Canal, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern the Meadowbrook State
[[Page 34569]]
Parkway Bridge, at mile 12.8, across Sloop Channel, New York. This
final rule allows the bridge to need not open for the passage of vessel
traffic from 9 p.m. to midnight, on the Fourth of July each year. This
action is necessary to facilitate the annual Fourth of July Jones Beach
State Park fireworks display.
DATES: This rule is effective on July 4, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-04-025) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 5, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Long Island, New York
Inland Waterway from East Rockaway Inlet to Shinnecock Canal, New York,
in the Federal Register (69 FR 17618). We received no comments in
response to the notice of proposed rulemaking. No public hearing was
requested and none was held.
Under 5 U.S.C. the Coast Guard finds good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register. The NPRM provided a 60-day comment period for the public to
comment on this rule change. We received no comments in response to the
NPRM. It is necessary to make this rule effective less than 30 days
from the date of publication in order to provide for public safety
during this years Forth of July fireworks display, which is scheduled
for July 4, 2004.
Background and Purpose
The Meadowbrook State Parkway Bridge has a vertical clearance of 22
feet at mean high water and 25 feet at mean low water in the closed
position, unlimited vertical clearance in the full open position. The
existing regulations are listed at 33 CFR Sec. 117.799(h).
The New York State Office of Parks, Recreation and Historic
Preservation, requested that the bridge be allowed to remain closed
from 9 p.m. to midnight, during the annual Fourth of July fireworks
event at the Jones Beach State Park. The bridge has been closed for the
past several years to facilitate this annual event.
Traditionally, this bridge closure was accomplished each year by
publishing a temporary final rule in the Federal Register. This final
rule makes the traditional Fourth of July bridge closure part of the
permanent drawbridge operation regulations.
The Coast Guard believes this rule is reasonable because it would
simplify the traditional bridge closure process that has become a
traditional closure each year on the Fourth of July.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and as a result, no changes have been made to this
final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3), of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This conclusion is based on the fact that the bridge closure is of
short duration for the purpose of public safety during the annual
Fourth of July Fireworks display at Jones Beach.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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.
This conclusion is based on the fact that the bridge closure is of
short duration for the purpose of public safety during the annual
Fourth of July Fireworks display at Jones Beach.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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).
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 State, local, or tribal government, in the
aggregate, or by the private sector of $100,000,000 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
[[Page 34570]]
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this final rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. It has been determined that this final
rule does not significantly impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Amend Sec. 117.799 by revising paragraph (h) to read as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(h) The draw of the Meadowbrook State Parkway Bridge, mile 12.8,
across Sloop Channel, shall open on signal if at least a one-half hour
notice is given to the New York State Department of Transportation, as
follows:
(1) Every other hour on the even hour.
(2) From April 1 through October 31, on Saturdays, Sundays, and
Federal holidays, every three hours beginning at 1:30 a.m. Notice may
be given from the telephone located at the moorings on each side of the
bridge or by marine radio.
(3) From 9 p.m. to midnight, on the Fourth of July, the Meadowbrook
State Parkway Bridge need not open for the passage of vessel traffic.
* * * * *
Dated: June 10, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-14070 Filed 6-21-04; 8:45 am]
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