Drawbridge Operation Regulation; Long Creek, Nassau, NY

Citation85 FR 23933
Record Number2020-08803
Published date30 April 2020
CourtCoast Guard
Federal Register, Volume 85 Issue 84 (Thursday, April 30, 2020)
[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
                [Proposed Rules]
                [Pages 23933-23935]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-08803]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 117
                [Docket No. USCG-2020-0052]
                RIN 1625-AA09
                Drawbridge Operation Regulation; Long Creek, Nassau, NY
                AGENCY: Coast Guard, DHS.
                ACTION: Notice of proposed rulemaking.
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                SUMMARY: The Coast Guard proposes to modify the operating schedule that
                governs the Loop Parkway Bridge across Long Creek, mile 0.7 at Nassau,
                New York. The bridge owner, New York State Department of Transportation
                (NYSDOT), submitted a request to modify bridge openings and expects
                that this change to the regulations will better serve the needs of the
                community while continuing to meet the reasonable needs of navigation.
                DATES: Comments and related material must reach the Coast Guard on or
                before June 1, 2020.
                ADDRESSES: You may submit comments identified by docket number USCG-
                2020-0052 using Federal eRulemaking Portal at http://www.regulations.gov.
                 See the ``Public Participation and Request for Comments'' portion
                of the SUPPLEMENTARY INFORMATION section below for instructions on
                submitting comments.
                FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
                rule, call or email Ms. Stephanie E. Lopez, First Coast Guard District,
                Project Officer, telephone 212-514-4335, 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 (Advance, Supplemental)
                Sec. Section
                U.S.C. United States Code
                II. Background, Purpose and Legal Basis
                 The Loop Parkway Bridge at mile 0.7, across Long Creek, Nassau, New
                York, has a vertical clearance of 21 feet at mean high water and 25 at
                mean low water. Horizontal clearance is approximately 75.5 feet. The
                waterway users include recreational and commercial vessels including
                fishing vessels.
                 The existing drawbridge operating regulations are listed at 33 CFR
                117.799(f).
                 In 2005, the owner of the bridge, New York State Department of
                Transportation, requested a temporary test deviation for an alternate
                drawbridge operation regulation; however, it was never followed up with
                a rulemaking. The bridge owner assumed since the temporary test
                deviation was a success, new signage reflecting the temporary deviation
                was installed and the bridge has been operating under that temporary
                test deviation for the past 15 years. After a recent construction
                operation commenced, the bridge operator began operating the bridge
                under the existing regulation. USCG Sector Long Island Sound received
                several complaints from mariners who were upset the bridge was no
                longer operating under the old temporary test deviation. We have
                implemented a new temporary test deviation for this proposed rule
                change. Based on the data that was provided by the bridge owner, the
                number of requested bridge openings has decreased over the years, while
                the vehicular traffic has increased. The schedule restricts bridge
                openings during vehicular rush hours, allowing openings twice per hour.
                This schedule allows less congestion buildup of vehicular traffic while
                providing mariners with a reliable, consistent time they can request a
                bridge opening.
                III. Discussion of Proposed Rule
                 The proposed rule provides for commercial vessels engaged in
                commerce, the draw shall open Monday thru Friday from 6:20 a.m. to 9:50
                a.m. and 3:20 p.m. to 7:20 p.m. on signal at 20 and 50 minutes after
                the hour, and on signal at all other times. For all other vessels, the
                draw shall open on Monday thru Friday from 6:20 a.m. to 7:20 a.m. on
                signal at 20 and 50 minutes after the hour, and the draw shall open on
                Saturday, Sunday and Federal Holidays from 7:20 a.m. to 8:20 a.m. on
                signal at 20 and 50 minutes after the hour, and on signal at all other
                times. The reason for these changes is to minimize excessive bridge
                openings which were a direct cause of accelerated deterioration of the
                bridge.
                IV. Regulatory Analyses
                 We developed this proposed rule after considering numerous statutes
                and Executive Orders related to rulemaking. Below we summarize our
                analyses based on these statutes and Executive Orders and we discuss
                First Amendment rights of protestors.
                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 NPRM has not been
                designated a ``significant regulatory action,'' under Executive Order
                12866. Accordingly, the NPRM 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 that
                vessels can still transit the bridge given advanced 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.
                [[Page 23934]]
                605(b) that this proposed rule would 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 IV.A
                above this proposed rule would not have a significant economic impact
                on any vessel owner or operator.
                 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.
                 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. 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
                section. The Coast Guard will not retaliate against small entities that
                question or complain about this proposed rule or any policy or action
                of the Coast Guard.
                C. 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.).
                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 proposed 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 proposed 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. If
                you believe this proposed rule has implications for federalism or
                Indian tribes, please contact the person listed in the FOR FURTHER
                INFORMATION CONTACT section.
                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 proposed rule will not
                result in such an expenditure, we do discuss the effects of this
                proposed rule elsewhere in this preamble.
                F. Environment
                 We have analyzed this proposed rule under Department of Homeland
                Security Management Directive 023-01, Rev.1, associated implementing
                instructions, and Environmental Planning Policy COMDTINST 5090.1
                (series), which guide the Coast Guard in complying with the National
                Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
                Coast Guard has determined 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 proposed rule simply promulgates
                the operating regulations or procedures for drawbridges. Normally such
                actions are categorically excluded from further review, under figure 2-
                1, paragraph (32)(e), of the Instruction.
                 Neither a Record of Environmental Consideration nor a Memorandum
                for the Record are required for this rule. We seek any comments or
                information that may lead to the discovery of a significant
                environmental impact from this proposed 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.
                V. Public Participation and Request for Comments
                 We view public participation as essential to effective rulemaking,
                and will consider all comments and material received during the comment
                period. Your comment can help shape the outcome of this rulemaking. If
                you submit a comment, please include the docket number for this
                rulemaking, indicate the specific section of this document to which
                each comment applies, and provide a reason for each suggestion or
                recommendation.
                 We encourage you to submit comments through the Federal eRulemaking
                Portal at http://www.regulations.gov. If your material cannot be
                submitted using http://www.regulations.gov, contact the person in the
                FOR FURTHER INFORMATION CONTACT section of this document for alternate
                instructions.
                 We accept anonymous comments. All comments received will be posted
                without change to http://www.regulations.gov and will include any
                personal information you have provided. For more about privacy and the
                docket, visit http://www.regulations.gov/privacynotice.
                 Documents mentioned in this NPRM as being available in this docket
                and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
                instructions. Additionally, if you go to the online docket and sign up
                for email alerts, you will be notified when comments are posted or a
                final rule is published.
                List of Subjects in 33 CFR Part 117
                 Bridges.
                 For the reasons discussed in the preamble, the Coast Guard proposes
                to amend 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. Revise Sec. 117.799(f) to read as follows:
                Sec. 117.799 Long Island, New York Inland Waterway from East
                Rockaway Inlet to Shinnecock Canal.
                * * * * *
                 (f) The draw of the Loop Parkway Bridge across Long Creek, mile
                0.7, shall open for commercial vessels engaged in commerce, the draw
                shall open Monday thru Friday from 6:20 a.m. to 9:50 a.m. and 3:20 p.m.
                to 7:20 p.m. on signal at 20 and 50 minutes after the hour, and on
                signal at all other times. For all other vessels, the draw shall open
                on Monday thru Friday from 6:20 a.m. to 7:20 p.m. on signal at 20 and
                50 minutes after the hour, and the draw shall open on
                [[Page 23935]]
                Saturday, Sunday and Federal Holidays from 7:20 a.m. to 8:20 p.m. on
                signal at 20 and 50 minutes after the hour, and on signal at all other
                times.
                * * * * *
                 Dated: April 21, 2020.
                A.J. Tiongson,
                Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
                [FR Doc. 2020-08803 Filed 4-29-20; 8:45 am]
                 BILLING CODE 9110-04-P
                

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