[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]


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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.

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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


