[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Rules and Regulations]
[Pages 6728-6730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02083]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-1040]
RIN 1625-AA09
Drawbridge Operation Regulation; 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 is removing the existing drawbridge operation
regulations that govern the Wantagh State Parkway Bridge, mile 16.1,
across Goose Creek at Jones Beach, New York, and revising the
regulations that govern the Captree State Parkway Bridge, mile 30.7,
across the State Boat Channel at Captree Island, New York. The Wantagh
State Parkway Bridge was replaced with a fixed bridge and the
drawbridge operation regulations are no longer necessary. The method
for contacting the bridge tender at the Captree State Parkway Bridge
changed several years ago and this action will update the regulations
to reflect the present contact protocol.
DATES: This rule is effective January 31, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2012-1040 and are available by
going to http://www.regulations.gov, inserting USCG-2012-1040 in the
``keyword'' box, and then clicking ``search.'' This material is also
available for inspection or copying at the 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, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District Bridge Branch, 212-668-7165, [email protected]. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
A. Regulatory History and Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Wantagh State Parkway Bridge that
once required drawbridge operation regulations was replaced with a
fixed span bridge; therefore, these regulations are no longer
applicable and shall be removed. The protocol in the existing
regulations to contact the bridge tender for bridge openings at the
Captree State Parkway Bridge via a telephone located on the bridge pier
is no longer accurate since the telephone was removed many years ago.
This action will update the present protocol to contact the bridge for
openings which is to call the number posed at the bridge. It is
unnecessary to publish a notice of proposed rulemaking because this
regulatory action does not purport to place any restrictions on
mariners but rather removes a restriction that has no further use or
value.
Under 5 U.S.C. 553(d)(1), a rule that relieves a restriction is not
required to provide the 30 day notice period before its effective date.
This rule removes the Wantagh State Parkway Bridge draw operation
requirements under 33 CFR 117.799(i), thus removing a regulatory
restriction on the public.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been replaced with
a fixed span bridge and this rule merely requires an administrative
change to the Federal Register, in order to omit a regulatory
requirement that is no longer applicable or necessary and revise the
contact method at the Captree State Parkway Bridge which has been
obsolete for many years and will simply be updated to reflect the
present protocol.
B. Basis and Purpose
The drawbridge operation regulations for the Wantagh State Parkway
Bridge at mile 16.1, across Goose Creek, at Jones
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Beach, New York, and the Captree State Parkway Bridge are listed at 33
CFR 117.799(i).
The Wantagh State Parkway Bridge was replaced with a fixed span
structure; therefore, the Coast Guard is removing the Wantagh State
Parkway Bridge from the regulations because they are no longer
necessary. The drawbridge operation regulations for the Captree State
Parkway Bridge will not be removed; however, the contact method will be
changed to calling the number posted at the bridge for bridge openings.
Formerly there was a telephone located at the bridge pier to call the
tender. That phone was removed many years ago.
C. Discussion of Final Rule
This final rule revises the drawbridge operation regulations listed
at 33 CFR 117.799(i), that govern the operation of the Wantagh State
Parkway Bridge, mile 16.1, across Goose Creek, at Jones Beach, New
York, and the Captree State Parkway Bridge, mile 30.7, across the State
Boat Channel, at Captree Island. The Wantagh State Parkway Bridge was
replaced with a fixed span bridge and as a result, we are revising
paragraph (i), by removing the Wantagh State Parkway Bridge from the
regulations. The regulations for the Captree State Parkway Bridge will
not be removed by this action; however, the contact instructions in the
existing regulation to contact the tender will be revised because the
phone formerly located at the bridge fender to contact the tender was
removed many years ago.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
The Coast Guard does not consider this rule to be ``significant''
under that order because it is an administrative change and does not
affect the way vessels operate on the waterway.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. 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 will have no effect on small entities since this
drawbridge has been removed and replaced with a fixed bridge and the
regulation governing drawbridge operations for this bridge is no longer
necessary. There is no new restriction or regulation being imposed by
this rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b)
that this final rule will not have a significant economic impact on a
substantial number of small entities.
3. 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).
4. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on States, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the variations levels
of government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
5. 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 (adjusted for
inflation) 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.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have a taking implication under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property.
8. 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.
9. 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 create an
environmental risk to health or risk to safety that might
disproportionately affect children.
10. Indian Tribal Governments
This 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.
11. 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.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in
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complying with the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321-4370f), and have concluded that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117 Bridges.
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; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.799, revise paragraph (i) to read as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(i) The draw of the Captree State Parkway Bridge at mile 30.7,
across the State Boat Channel, at Captree Island, shall open on signal
if at least a one half hour advance notice is given by calling the
number posted at the bridge as follows:
(1) Every other hour on the even hour.
(2) From April 1 through October 31, on Saturday, Sunday, and
Federal holidays every three hours beginning at 3 a.m.
* * * * *
Dated: December 17, 2012.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-02083 Filed 1-30-13; 8:45 am]
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