[Federal Register: April 1, 2004 (Volume 69, Number 63)]
[Rules and Regulations]
[Page 17057-17059]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap04-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-008]
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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary final rule
governing the operation of the Long Beach Bridge, at mile 4.7, across
Reynolds Channel, New York. This temporary final rule will allow the
bridge to operate only one lift span for openings, on the even hour, 8
a.m. to 4 p.m., daily, from May 1, 2004 through December 1, 2004. This
action is necessary to complete structural repairs at the bridge.
DATES: This temporary final rule is effective from May 1, 2004 through
December 1, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD01-04-008) and are available for
inspection or copying at the First Coast Guard District, Bridge
Administration Office, 408 Atlantic Avenue, Boston, Massachusetts,
02110-3350, between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Project Officer,
First Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
[[Page 17058]]
Regulatory Information
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing an NPRM; and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
This rule extends the single leaf bridge operation, which has been
in effect since September 3, 2002, to facilitate structural repairs at
the bridge. We published a notice of proposed rulemaking on May 30,
2002 (67 FR 37744). We received no comments in response to the notice
of proposed rulemaking. The single leaf bridge operation is necessary
to complete vital necessary repairs at the bridge.
The Coast Guard believes making this rule effective on May 1, 2004,
is reasonable because this is the continuation of the bridge repair
work and operating schedule that has been successfully in effect to
assure the continued safe operation of the bridge.
Historically, there are few requests to open this bridge and the
bridge will be available to provide single span openings during the
effective period of this temporary rule.
Background and Purpose
The Long Beach Bridge has a vertical clearance of 20 feet at mean
high water and 24 feet at mean low water. The existing regulations are
listed at 33 CFR 117.799(g).
The bridge owner, Nassau County Department of Public Works, asked
the Coast Guard in May 2002, to temporarily change the drawbridge
operation regulations to facilitate necessary structural repairs at the
bridge.
On May 30, 2002, we published a notice of proposed rulemaking (67
FR 37744) in response to the above request. We received no comments in
response to the notice of proposed rulemaking.
On September 5, 2002, we published a temporary final rule in the
Federal Register (67 FR 56754) effective from September 5, 2002 through
June 30, 2003, to allow the implementation of the structural repairs at
the bridge. We were notified in May 2003, that the scheduled repairs
would not be completed by June 30, 2003.
In response to the above request we published a second temporary
final rule on July 22, 2003, in the Federal Register (68 FR 43306), to
extend the effective period from July 1, 2003 through April 30, 2004.
Both temporary final rules allowed the bridge to open only a single
lift span for bridge openings on the even hours 8 a.m. to 4 p.m.,
daily.
The Coast Guard was notified on January 15, 2004, that due to
unforeseen structural deterioration and various unforeseen issues, the
repairs at the bridge will not be completed by the scheduled completion
date of April 30, 2004.
The single leaf bridge operation bridge repairs, scheduled to be
completed by April 30, 2004, must now be extended to continue until
December 1, 2004, in order to complete the structural repairs at the
bridge.
The Coast Guard believes this request is reasonable because this
bridge seldom opens for vessel traffic and the mariners that normally
require openings can transit with a single leaf bridge opening.
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 seldom opens
for vessel traffic and the mariners that do require the bridge to open
can transit using a single leaf opening.
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 seldom opens
for vessel traffic and the mariners that do require the bridge to open
can transit using a single leaf opening.
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.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health
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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.
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. From May 1, 2004 through December 1, 2004, Sec. 117.799 is amended
by suspending paragraph (g) and adding a new paragraph (k) to read as
follows:
Sec. 117.799 Long Island, New York Inland Waterway from East
Rockaway Inlet to Shinnecock Canal.
* * * * *
(k) The Long Beach Bridge, mile 4.7, across Reynolds Channel, shall
open on signal; except that, only one lift span need be opened for
vessel traffic, on the even hour, 8 a.m. to 4 p.m., daily.
Dated: March 17, 2004.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-7336 Filed 3-31-04; 8:45 am]
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