[Federal Register: April 5, 2004 (Volume 69, Number 65)]
[Proposed Rules]
[Page 17618-17619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap04-23]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations governing the operation of Meadowbrook State Parkway
Bridge, at mile 12.8, across Sloop Channel, New York. This proposed
rule would allow the bridge to remain closed to 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: Comments must reach the Coast Guard on or before June 4, 2004.
ADDRESSES: You may mail comments and related material to Commander
(obr), First Coast Guard District Bridge Branch, One South Street,
Battery Park Building, New York, New York, 10004, or deliver them to
the same address between 7 a.m. and 3 p.m., Monday through Friday,
except, Federal holidays. The telephone number is (212) 668-7165. The
First Coast Guard District, Bridge Branch, maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the First Coast Guard District, Bridge Branch,
7 a.m. to 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Judy Yee, Project Officer, First Coast
Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-04-
025), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the First Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
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 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
proposed rule would make 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 Proposal
This proposed change would amend 33 CFR Sec. 117.799 by revising
paragraph (h), which identifies the operating schedule of the
Meadowbrook State Parkway Bridge.
This proposed rule would allow the bridge to need not open for the
passage of vessel traffic from 9 p.m. to midnight of the Fourth of July
each year.
This proposed rule, by allowing the bridge to need not open during
the annual Fourth of July fireworks display at Jones Beach, would
facilitate the safe and orderly flow of vehicular traffic to the beach
before and after this annual public event.
Regulatory Evaluation
This proposed 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 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation, under the regulatory
policies and procedures of DHS, is unnecessary.
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 proposed 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 of less than
50,000.
The Coast Guard certifies under section 5 U.S.C. 605(b), that this
proposed rule would 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.
[[Page 17619]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Collection of Information
This proposed rule would call 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 proposed 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 a 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.
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 proposed 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
environment documentation because it has been determined that the
promulgation of operating regulations or procedures for drawbridges are
categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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.
2. Revise Sec. 117.799(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: March 25, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-7626 Filed 4-2-04; 8:45 am]
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