[Federal Register: August 23, 2006 (Volume 71, Number 163)]
[Rules and Regulations]
[Page 49348-49350]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au06-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-06-006]
RIN 1625-AA09
Drawbridge Operation Regulations; Jamaica Bay and Connecting
Waterways, New York City, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; extension of effective period.
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SUMMARY: The Coast Guard has changed the effective period for the
temporary regulation governing the operation of the New York City
Highway Bridge (Belt Parkway), at mile 0.8, across Mill Basin, at New
York City, New York. This temporary final rule allows the bridge owner
to extend the effective period during which only one of the two
moveable spans need open for the passage of vessel traffic. This rule
is necessary to facilitate the completion of the ongoing bridge deck
replacement.
DATES: This temporary rule is effective from September 8, 2006 through
December 30, 2006.
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 CGD01-06-006 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: Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District, (212) 668-7195.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 30, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Jamaica Bay and
Connecting Waterways, New York City, NY,'' in the Federal Register (71
FR 4852). We received no comments in response to the NPRM.
On March 13, 2006, we published a temporary final rule (TFR)
entitled ``Drawbridge Operation Regulations; Jamaica Bay and Connecting
Waterways, New York City, NY,'' in the Federal Register (71 FR 12621).
We did not publish an NPRM for this extension of the temporary
final rule's effective period. Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing an NPRM because
it is impracticable to issue an NPRM prior to the previously announced
September 7, 2006 expiration of the temporary final rule, and because
any interruption of the arrangements permitted by the temporary final
rule would be contrary to the public interest. For the same reason, the
Coast Guard finds under 5 U.S.C. 553(d) that good cause exists for
making this extension of the temporary final rule effective less than
30 days after publication. The deck replacement for the New York City
Highway Bridge is ongoing, vital, and necessary work that must be
performed without delay as a result of the deterioration of the
existing bridge deck which could fail if not replaced with all due
speed. Work is behind schedule due to unforeseen construction delays
and bad weather. In order to assure the continued safe and reliable
operation of the bridge, construction should be allowed to continue
through December 30, 2006.
Background and Purpose
The New York City Highway Bridge (Belt Parkway), has a vertical
clearance of 34 feet at mean high water and 39 feet at mean low water
in the closed position. The existing regulations are listed at 33 CFR
117.795(b).
The owner of the bridge, New York City Department of Transportation
(NYCDOT), requested a temporary change to the drawbridge operation
regulations in November 2005, to facilitate the replacement of the
bridge roadway deck. During the prosecution of that rehabilitation
construction, the opening span that was undergoing deck replacement
could not open for vessel traffic. As a result, the bridge owner
requested that only one of the two opening spans open for the passage
of vessel traffic from March 1, 2006 through September 7, 2006.
The Coast Guard published a temporary final rule (71 FR 12621) on
March 13, 2006, effective from March 8,
[[Page 49349]]
2006 through September 7, 2006, to facilitate the above construction.
The work was scheduled to be completed by September 7, 2006, but due to
unforeseen construction delays and weather conditions, the work will
not be completed by September 7, 2006, as planned.
As a result, the extension of the effective period of this
regulation is necessary to allow the bridge owner to continue to open
only one of the two moveable spans for the passage of vessel traffic
from March 8, 2006 through December 30, 2006, to facilitate the
completion of the ongoing bridge deck replacement.
Discussion of Rule
This temporary rule change would amend 33 CFR 117.795 by suspending
paragraph (b), which lists the New York City Highway Bridge (Belt
Parkway), and by adding a temporary paragraph (d) to allow single span
bridge openings from March 8, 2006 through December 30, 2006.
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.
This conclusion is based on the fact that the vessel traffic that
normally transits this bridge should not be precluded from transiting
due to single span bridge openings.
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 rule would not have a significant economic impact on a
substantial number of small entities for the following reason: Mill
Basin is navigated predominantly by recreational vessels.
The single span bridge openings should not preclude vessel traffic
from transiting the bridge because the recreational vessels that
normally use this waterway should be able to transit through the bridge
with the reduced horizontal clearance of 67.5 feet due to their
relative small size.
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 affect 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 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 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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
[[Page 49350]]
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 rule under Commandant Instruction M16475.1D,
and Department of Homeland Security Management Directive 5100.1, which
guide 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 considering that it relates to the promulgation of
operating regulations or procedures for drawbridges. Under figure 2-1,
paragraph (32)(e) of the Instruction, an ``Environmental Analysis Check
List'' and a ``Categorical Exclusion Determination'' are not required
for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
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(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Public Law 102-587, 106 Stat. 5039.
0
2. From September 8, 2006 through December 30, 2006, Sec. 117.795 is
amended by suspending paragraph (b) and adding a temporary paragraph
(d), to read as follows:
Sec. 117.795 Jamaica Bay and Connecting Waterways.
* * * * *
(d)(1) The New York City Highway Bridge (Belt Parkway), mile 0.8,
across Mill Basin, need only open one moveable span for the passage of
vessel traffic from March 8, 2006 through December 30, 2006. The draw
need not be opened for the passage of vessel traffic from 12 p.m. to 9
p.m. on Sundays from May 15 through September 30, and on Memorial Day,
Independence Day, and Labor Day. However, on these days the draw shall
open on signal from the time two hours before to one hour after the
predicted high tide(s).
(2) For the purpose of this section, predicted high tide(s) occur
15 minutes later than that predicted for Sandy Hook, as documented in
the tidal current data, which is updated, generated and published by
the National Oceanic and Atmospheric Administration/National Ocean
Service.
Dated: August 7, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E6-13895 Filed 8-22-06; 8:45 am]
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