Rule2024-03463
Drawbridge Operation Regulation; Long Creek, Nassau County, NY
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2024
Effective
March 25, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is temporarily modifying the operating schedule that governs the Loop Parkway Bridge across Long Creek, mile 0.7, Nassau County, NY. The bridge owner, New York State Department of Transportation (NYSDOT), submitted a request to operate the bridge under single leaf openings to perform bridge deck replacement.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 37 (Friday, February 23, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Rules and Regulations]
[Pages 13910-13911]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03463]
[[Page 13909]]
Vol. 89
Friday,
No. 37
February 23, 2024
Part IV
Department of Homeland Security
-----------------------------------------------------------------------
Coast Guard
-----------------------------------------------------------------------
33 CFR Part 117
Drawbridge Operation Regulation; Long Creek, Nassau County, NY;
Drawbridge Operation Regulation; Sloop Channel, Nassau County, NY;
Temporary Final Rules
Federal Register / Vol. 89 , No. 37 / Friday, February 23, 2024 /
Rules and Regulations
[[Page 13910]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0530]
RIN 1625-AA09
Drawbridge Operation Regulation; Long Creek, Nassau County, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Loop Parkway Bridge across Long Creek, mile
0.7, Nassau County, NY. The bridge owner, New York State Department of
Transportation (NYSDOT), submitted a request to operate the bridge
under single leaf openings to perform bridge deck replacement.
DATES: This temporary final rule is effective March 25, 2024, until May
16, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number (USCG-2023-0530) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Ms. Stephanie E. Lopez, First Coast
Guard District, Project Officer, telephone 571-608-5676, email
<a href="/cdn-cgi/l/email-protection#83d0f7e6f3ebe2edeae6adc6adcfecf3e6f9c3f6f0e0e4adeeeaef"><span class="__cf_email__" data-cfemail="8ad9feeffae2ebe4e3efa4cfa4c6e5faeff0cafff9e9eda4e7e3e6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
NYSDOT New York State Department of Transportation
II. Background Information and Regulatory History
On September 19, 2023, the Coast Guard issued a general deviation
to NYSDOT, allowed the bridge owner, NYSDOT, to deviate from the
current operating schedule in 33 CFR 117.799(f) for the Loop Parkway
Bridge. This deviation allowed the bridge to operate under single leaf
operations from September 20, 2023, to March 17, 2024, in order to
perform bridge deck replacement.
Since the actual scope of the work would take longer than the
allowable time limit of the General Deviation, the Coast Guard
published a notice of proposed rulemaking on October 3, 2023, entitled
``Drawbridge Operation Regulation; Long Creek, Nassau County, NY,'' in
the Federal Register (88 FR 68031). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
the rehabilitation of the Loop Parkway Bridge. During the comment
period that ended November 2, 2023, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499. The Loop Parkway Bridge will continue to operate under its regular
operating schedule found in 33 CFR 117.799(f). However, this rule will
allow the bridge to operate under single leaf openings from March 25,
2024, until May 16, 2024. For vessels that are too large for single
leaf openings NYSDOT has identified an alternate route. Vessels that
can pass without requesting a bridge opening may do so. NYSDOT has
reached phase 2 of the project which requires replacing the bridge
deck. This rule will allow the project to progress while minimizing
impact on mariners.
IV. Discussion of Comments, Changes and the Temporary Final Rule
The Coast Guard published an NPRM on October 3, 2023, providing a
comment period of 30 days and no comments were received.
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.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, it has not been reviewed by the Office of Management and
Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge through the single leaf openings
and vessels that are too large to make passage through single leaf
openings have alternate routes which they can make passage.
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 no 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).
[[Page 13911]]
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.
The Coast Guard published an NPRM on October 3, 2023, providing a
comment period of 30 days and no comments were received.
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.
The Coast Guard published an NPRM on October 3, 2023, providing a
comment period of 30 days and no comments were received.
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, Table 3-1 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.
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; and DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 117.799:
0
a. Paragraph (f) is stayed; and
0
b. Paragraph (j) is added.
The addition reads as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(j) The draw of the Loop Parkway Bridge across Long Creek, mile
0.7, shall operate on single leaf openings from March 25, 2024, to May
16, 2024. The draw will open for commercial vessels engaged in commerce
and 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 through 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: February 13, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-03463 Filed 2-22-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 23, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.