[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49104-49106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23053]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0048]
RIN 1625-AA09
Drawbridge Operation Regulation; Reynolds Channel, Lawrence, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Atlantic Beach Bridge across Reynolds Channel, mile 0.4 at
Lawrence, New York. This action is necessary to allow for an unexpected
delay in the reconstruction and painting of the bascule leaves. A
temporary deviation was previously granted for a length of 180 days. As
the Coast Guard may not approve extensions beyond that allotted
timeframe nor approve back-to-back or sequential deviations, it is
necessary to issue this rule in order to allow the bridge owner to
complete the remaining work items.
DATES: This rule is effective without actual notice from October 24,
2017 until 11:59 p.m. on November 13, 2017. For the purposes of
enforcement, actual notice will be used from 12:01 on October 14, 2017
until October 24, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0048 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or email James M. Moore, Bridge Management Specialist, U.S.
Coast Guard; telephone 202-372-1518, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 6, 2017, we published a temporary deviation entitled,
``Drawbridge Operation Regulation; Atlantic Beach Bridge, Reynolds
Channel, Lawrence, NY'' in the Federal Register (see 82 FR 06735).
Although we did not request public comments, outreach conducted with
mariners utilizing the waterway indicated no objections to the
temporary deviation. No complaints have been submitted during the
current temporary deviation.
The Coast Guard is issuing this temporary interim 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
[[Page 49105]]
to the public interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is
impracticable. Due to unanticipated difficulties and delays impacting
the schedule and pace of bascule leaf reconstruction and painting,
additional time is required to finalize and complete the work necessary
to restore the bridge to full operational capacity. We must modify the
operation schedule of the bridge by October 15, 2017 to allow the
completion of bascule leaf reconstruction and painting. Due to the
circumstances of this repair project, we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the modification.
We are issuing this rule and under 5 U.S.C. 553(d)(3), and for the
reasons stated above, the Coast Guard finds that good cause exists for
making it effective in less than 30 days after publication in the
Federal Register.
III. Legal Authority and Need for the Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Coast Guard is modifying the operating schedule that governs the
Atlantic Beach Bridge across Reynolds Channel, mile 0.4, at Lawrence,
New York. The Atlantic Beach Bridge is a double-leaf bascule bridge
offering mariners a vertical clearance of 25 feet at mean high water
and 30 feet at mean low water in the closed position. Work platforms
installed underneath the bascule spans have reduced the available
vertical clearance to 21.5 feet at mean high water in the closed
position and to 26.5 feet at mean low water in the closed position.
The existing drawbridge regulations are listed at 33 CFR
117.799(e). The Nassau County Bridge Authority, the bridge owner, has
requested this modification as additional time is required to complete
the final reconstruction and painting of the bascule leaves.
The Nassau County Bridge Authority has also requested that the
Atlantic Beach Bridge be allowed to open on signal only one of two
bascule spans for bridge openings with the understanding that dual
lift-span operations will occur for vessels requiring such an opening
provided a 48 hour advance notice, and receipt of 24 hour advance
confirmation, from 7 a.m. Monday through 6 p.m. Friday. The bridge will
operate normally and open fully upon signal on weekends from 6 p.m.
Friday through 7 a.m. Monday.
The bridge generally opens four times per week for routine passage
of towing vessels with tank barges or dry cargo barges. The bulk of
remaining vessel traffic is recreational not requiring an opening in
order to proceed through the draw. Vessels that can pass under the
bridge without an opening may do so at all times. The bridge will be
able to open for emergencies and there is an alternate route for
vessels unable to pass through the bridge when in the closed position.
IV. Discussion of the Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs the Atlantic Beach
Bridge across Reynolds Channel, mile 0.4, at Lawrence, New York. The
rule is necessary to accommodate the completion of bascule leaf
reconstruction and painting. This rule allows for single-leaf
operations upon signal during the week, Monday through Friday. Dual
lift-span operations will be provided for vessels requiring such an
opening given 48 hours of advance notice and provided a 24 hour advance
confirmation. The bridge will operate normally during weekends.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771. This regulatory action
determination is based on the ability of the majority of vessels to
successfully transit through the draw of the bridge without an opening
or with a single-leaf opening. Vessels requiring dual lift-span
operations during the week may continue to transit the draw provided
submission of advance notice.
B. 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 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 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this interim rule will not have a significant economic impact on
any vessel owner or operator. Commercial mariners requiring dual lift-
span operations during the week have been able to transit the draw
following provision of advance notice. Single-leaf operations will be
furnished on signal for those vessels requiring such an opening.
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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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). 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.
C. 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).
[[Page 49106]]
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. 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 complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination 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 simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction. A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this rule.
G. 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.
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, effective from 12:01 a.m. on October 24, 2017,
through 11:59 p.m. on November 13, 2017, suspend paragraph (e)(1) and
add paragraph (e)(4) to read as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(e) * * *
(4) The Atlantic Beach Bridge will open only one of two bascule
spans on signal for bridge openings from 7 a.m. Monday through 6 p.m.
Friday. Dual lift-span operations will occur for vessels requiring such
an opening provided a 48 hour advance notice and 24 hour advance
confirmation has been furnished from 7 a.m. Monday through 6 p.m.
Friday. The bridge will open fully on signal on weekends from 6 p.m.
Friday through 7 a.m. Monday.
* * * * *
Dated: October 6, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-23053 Filed 10-23-17; 8:45 am]
BILLING CODE 9110-04-P