[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60316-60318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27403]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0311]
RIN 1625-AA09


Drawbridge Operation Regulation; Quantuck Canal, Westhampton 
Beach, 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 Beach Lane Bridge across Quantuck Canal, mile 1.1, at 
Westhampton Beach, New York. This action is necessary to allow for an 
unexpected delay in the rehabilitation of the bascule leaves and 
painting of the bridge. A temporary deviation was previously granted 
for a length of 180 days. As the Coast Guard

[[Page 60317]]

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 December 20, 
2017 until 11:59 p.m. on January 11, 2018. For the purposes of 
enforcement, actual notice will be used from 12:01 on December 1, 2017 
until December 20, 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 Judy Leung-Yee, Bridge Management Specialist, U.S. 
Coast Guard; telephone 212-514-4336, 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 September 13, 2017, we published a temporary deviation entitled, 
``Drawbridge Operation Regulation; Beach Lane Bridge, Quantuck Canal, 
Westhampton Beach, NY'' in the Federal Register (see 82 FR 42940). 
Although we did not request public comments, outreach conducted with 
mariners utilizing the waterway indicated no objections to the 
temporary deviation. No complaints were submitted during the temporary 
deviation.
    The Coast Guard is issuing this temporary 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), 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 rehabilitation of the bascule leaves and painting of the bridge 
additional time is required to finalize and complete the work necessary 
in order to restore the bridge to full operational capacity. We must 
modify the operation schedule of the bridge by December 1, 2017 to 
allow the completion of rehabilitation of the bascule leaves and 
painting of the bridge. We therefore 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 
Beach Lane Bridge across Quantuck Canal, mile 1.1, at Westhampton 
Beach, New York. The Beach Lane Bridge is a double-leaf bascule bridge 
offering mariners a vertical clearance of 13.9 feet at mean high water 
and 16.2 feet at mean low water in the closed position.
    The existing drawbridge regulations are listed at 33 CFR 
117.799(d). The Suffolk County Department of Public Works, the bridge 
owner, has requested this modification as additional time is required 
to complete the final rehabilitation of the bascule leaves and painting 
of the bridge.
    The Suffolk County Department of Public Works has also requested 
that the Beach Lane 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 was furnished to the owner of the 
bridge.
    The bridge generally opens for seasonal recreational craft and 
small scale tug/barge combinations occasionally transit the waterway. 
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 
no 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 Beach Lane 
Bridge across Quantuck Canal, mile 1.1, at Westhampton Beach, New York. 
The rule is necessary to accommodate the completion of rehabilitation 
of the bascule leaves and painting of the bridge. This rule allows for 
single-leaf operations upon signal and dual lift-span operations will 
be provided for vessels requiring such an opening given 48 hours of 
advance notice.

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 with a single-leaf 
opening. Vessels requiring dual lift-span operations 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

[[Page 60318]]

economic impact on any vessel owner or operator. Mariners requiring 
dual lift-span operations 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).

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 December 20, 2017, 
through 11:59 p.m. on January 11, 2018, suspend paragraph (d) and add 
paragraph (j) to read as follows:


Sec.  117.799  Long Island, New York Inland Waterway from East Rockaway 
Inlet to Shinnecock Canal.

* * * * *
    (j) The draws of the West Bay bridge, mile 0.1, across Quantuck 
Canal, Quoque bridge, mile 1.1, across Quoque Canal and the Smith Point 
bridge, mile 6.1, across Narrow Bay shall open on signal from October 1 
through April 30 from 8 a.m. to 4 p.m. and from May 1 through September 
30 from 6 a.m. to 10 p.m. At all other times during these periods, the 
draws shall open as soon as possible but no more than one hour after a 
request to open is received.
    (1) The draw of the Beach Lane bridge, mile 1.1, across Quantuck 
Canal shall open only one of two bascule spans on signal for bridge 
openings. Dual lift-span operations will occur for vessels requiring 
such an opening provided a 48 hour advance to the owner of the bridge.

    Dated: December 5, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-27403 Filed 12-19-17; 8:45 am]
 BILLING CODE 9110-04-P


