Drawbridge Operation Regulation; Long Creek, Nassau, NY

Cited as:85 FR 41186
Court:Coast Guard
Publication Date:09 Jul 2020
Record Number:2020-13912
Federal Register, Volume 85 Issue 132 (Thursday, July 9, 2020)
[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
                [Rules and Regulations]
                [Pages 41186-41188]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-13912]
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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: Final rule.
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                SUMMARY: The Coast Guard is altering 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: This rule is effective August 10, 2020.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to http://www.regulations.gov. Type USCG-
                2020-0052 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 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 Information and Regulatory History
                 On March 17, 2020, the Coast Guard published a temporary test
                deviation, with request for comments, entitled Drawbridge Operation
                Regulation; Long Creek, Nassau, NY, in the Federal Register (85 FR
                15069) to seek comments on whether the Coast Guard should modify the
                current operating schedule for the Loop Parkway Bridge. The comment
                period for this test deviation closed on April 16, 2020, with no
                comments received.
                 On April 30, 2020, the Coast Guard published a Notice of proposed
                rulemaking, with a request for comments, entitled Drawbridge Operation
                Regulation; Long Creek, Nassau, NY in the Federal Register (85 FR
                23933). We stated why we issued the NPRM, and invited comments on our
                proposed regulatory action related to this regulatory change. During
                the comment period that ended June 1, 2020, we received no comments.
                III. Legal Authority and Need for Rule
                 The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
                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
                feet 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).
                 Historical Data for the NPRM and Test Deviation can be found in
                docket USCG-2020-0052. 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.
                IV. Discussion of Comments, Changes and the Final Rule
                 The Coast Guard provided a comment period of 60 days, total,
                between both the test deviation and the NPRM. No comments were
                received.
                 The final 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
                [[Page 41187]]
                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 Saturday,
                Sunday and Federal Holidays from 0720 to 2020 on signal at 20 and 50
                minutes after the hour, and on signal at all other times. The reason
                for these changes is to better serve the needs of the community while
                continuing to meet the reasonable needs of navigation.
                V. Regulatory Analyses
                 The Coast Guard has 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 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 received zero comments from the Small Business
                Administration on this rule. 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 rule will not have a significant economic impact on any
                vessel owner or operator.
                 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
                section.
                 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, 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 that do not individually or cumulatively have a significant
                effect on the human environment. This rule promulgates the operating
                regulations or procedures for drawbridges and is categorically excluded
                from further review, under paragraph L49, of Chapter 3, Table3-1 of the
                U.S. Coast Guard Environmental Planning Implementation Procedures.
                 Neither a Record of Environmental Consideration nor a Memorandum
                for the Record are 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. Amend Sec. 117.799 by revising paragraph (f) to read as follows:
                [[Page 41188]]
                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 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: June 22, 2020.
                T.G. Allan Jr.,
                Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
                [FR Doc. 2020-13912 Filed 7-8-20; 8:45 am]
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