
[Federal Register: March 7, 2008 (Volume 73, Number 46)]
[Proposed Rules]               
[Page 12315-12318]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr08-23]                         

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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.

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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]

BILLING CODE 4910-15-P
