[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Proposed Rules]
[Pages 12315-12318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4470]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-0010]
RIN 1625-AA09
Drawbridge Operation Regulations; Mill Neck Creek, Oyster Bay, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
[[Page 12316]]
regulations governing the operation of the Bayville Bridge, mile 0.1,
across Mill Neck creek at Oyster Bay, New York. This proposed rule
would allow the bridge to open on signal between 7 a.m. and 11 p.m.
from May 1 through October 31 and between 7 a.m. and 5 p.m., Monday
through Friday, from November 1 through April 30. At all other times
the bridge would open after a two-hour advance notice is given by
calling the number posted at the bridge. The purpose of this rule is to
help relieve the bridge owner from the burden of crewing the bridge
during time periods that the bridge receives few requests to open while
continuing to meet the reasonable needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before April 7, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number (USCG-2008-0010) to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building ground floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC. 20590-0001.
(3) Hand Delivery: Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC., 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except, Federal holidays. The telephone number is (202) 366-
9329.
(4) Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District, (212) 668-7165.
If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0010), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and materials by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and materials by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-001)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140, on the ground floor of the
DOT West Building 1200 New Jersey Avenue, SE., Washington, DC, 20590-
0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or First Coast Guard District, Bridge Branch, One South
Street, New York, NY 10004 between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment), if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility 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 Bayville Bridge has a vertical clearance of 9 feet at mean high
water, and 16 feet at mean low water in the closed position. The
existing drawbridge operating regulations listed at 33 CFR 117.5,
require the bridge to open on signal at all times.
On March 8, 2007, the bridge owner, the County of Nassau Department
of Public Works, requested a change to the drawbridge operation
regulations to help provide relief from the burden of providing a draw
tender at the bridge during time periods when the bridge seldom
receives a request to open.
On April 13, 2007, the Coast Guard authorized a temporary deviation
with a request for public comment in order to test the proposed rule
change. The temporary test deviation was in effect from May 25, 2007
through November 20, 2007, with a comment period open until November
30, 2007.
The Coast Guard received no comments or complaints from mariners in
response to the temporary test deviation.
As a result of all the above information, the Coast Guard is now
proposing to permanently change the drawbridge operation regulations
for the Bayville Bridge, mile 0.1, across Mill Neck Creek at Oyster
Bay, New York.
Under this notice of proposed rulemaking the Bayville Bridge would
be required to open on signal between 7 a.m. and 11 p.m., from May 1
through October 31, and between 7 a.m. and 5 p.m., Monday through
Friday, from November 1 through April 30. At all other times the draw
would open on signal after at least a two-hour advance notice is
provided by calling the number posted at the bridge.
Discussion of Proposed Rule
This notice of proposed rulemaking would change the existing
drawbridge operation regulations to help relieve the bridge owner from
the burden of maintaining a draw tender at the bridge during time
periods the bridge seldom receives a request to open.
The Coast Guard believes this proposed change to the drawbridge
operation regulations is justified and that the reasonable needs of
navigation will continue to be met as a result.
[[Page 12317]]
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 section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
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 vessel traffic will still
be able to transit through the Bayville Bridge at any time provided
they give a two-hour advance notice during time periods the bridge is
not crewed.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 vessel traffic will still
be able to transit through the Bayville Bridge at any time provided
they give a two-hour advance notice during time periods the bridge is
not crewed.
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.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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, Commander (dpb), First Coast
Guard District, Bridge Branch, One South Street, New York, NY 10004.
The telephone number is (212) 668-7165. 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.
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 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 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 might
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 proposed 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 adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek
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any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed 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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Add Sec. 117.800 to read as follows:
Sec. 117.800 Mill Neck Creek.
The draw of the Bayville Bridge, mile 0.1, at Oyster Bay, New York,
shall open on signal between 7 a.m. and 11 p.m., from May 1 through
October 31, and between 7 a.m. and 5 p.m., Monday through Friday, from
November 1 through April 30. At all other times the draw shall open on
signal provided at least a two-hour advance notice is given by calling
the number posted at the bridge.
Dated: February 28, 2008.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E8-4470 Filed 3-6-08; 8:45 am]
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