Rule2024-11837
Drawbridge Operation Regulation; Sloop Channel, Nassau County, NY
Primary source
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Published
May 31, 2024
Effective
May 31, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is temporarily modifying the operating schedule that governs the Meadowbrook State Parkway Bridge across Sloop Channel, mile 12.8, at Nassau County, NY. The bridge is currently operating under single leaf openings to complete a bridge rehabilitation; however, during repairs, the Meadowbrook State Parkway Bridge experienced electrical failure in the submarine cables. Until the bridge repairs are complete the bridge openings must be minimized.
Full Text
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<title>Federal Register, Volume 89 Issue 106 (Friday, May 31, 2024)</title>
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[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Rules and Regulations]
[Pages 47081-47083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11837]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0532]
RIN 1625-AA09
Drawbridge Operation Regulation; Sloop Channel, Nassau County, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule.
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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Meadowbrook State Parkway Bridge across Sloop
Channel, mile 12.8, at Nassau County, NY. The bridge is currently
operating under single leaf openings to complete a bridge
rehabilitation; however, during repairs, the Meadowbrook State Parkway
Bridge experienced electrical failure in the submarine cables. Until
the bridge repairs are complete the bridge openings must be minimized.
DATES: This temporary interim rule is effective May 31, 2024 through
12:01 a.m. on January 2, 2025.
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-2023-0532) 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 interim rule, call or email, Coast Guard Bridge Management
Specialist, Stephanie Lopez at telephone 212-514-4335 or email
<a href="/cdn-cgi/l/email-protection#bae9cedfcad2dbd4d3df94ff94f6d5cadfc0facfc9d9dd94d7d3d6"><span class="__cf_email__" data-cfemail="47143322372f26292e226902690b2837223d0732342420692a2e2b">[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
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
NYSDOT New York State Department of Transportation
TFR Temporary Final Rule
II. Background Information and Regulatory History
On September 19, 2023, the Coast Guard issued a general deviation
to NYSDOT allowing the bridge owner, NYSDOT, to deviate from the
current operating schedule in 33 CFR 117.799(h) for the Meadowbrook
State 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 (NPRM) on October 3, 2023,
entitled ``Drawbridge Operation Regulation; Sloop Channel, Nassau
County, NY,'' in the Federal Register (88 FR 68033). There we stated
why we issued the NPRM and invited comments on our proposed regulatory
action related to the rehabilitation of the Meadowbrook State Parkway
Bridge. During the comment period that ended November 2, 2023, we
received no comments.
On February 23, 2024, the Coast Guard published a Temporary Final
Rule (TFR) entitled ``Drawbridge Operation Regulation; Sloop Channel,
Nassau County, NY,'' in the Federal Register (89 FR 13911). There we
stated why we issued the TFR and implemented the change to the
operating schedule for maintenance of the bridge.
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 to the public interest.'' Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for not publishing a notice
[[Page 47082]]
of proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. The bridge is currently operating under single leaf
openings to conduct a bridge rehabilitation until May 15, 2024, and the
bridge cannot be brought back to normal operation. Also, on February
29, 2024, the Meadowbrook State Parkway Bridge experienced electrical
failure in the submarine cables which has now added substantial time
needed for repair and will further restrict the operation of the
bridge. Due to the extensive damage to the submarine cables and delay
in material procurement, NYSDOT predicts the repairs will take an
estimate of 8 months to complete.
However, we will be soliciting comments on this rulemaking during
the first 30 days while this rule is in effect. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a secondary temporary interim rule or other appropriate
document. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making it effective in less than 30 days after
publication in the Federal Register because it is impracticable. Due to
the damage the bridge suffered on February 29, 2024; the bridge cannot
comply with the current operating regulation in 33 CFR 117.799(h) which
states the bridge shall open on signal if at least a one-half hour
notice is given to the New York State Department of Transportation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499. Meadowbrook State Parkway Bridge across Sloop Channel is a bascule
bridge with a vertical clearance of 21 feet mean high water in the
closed position and unlimited clearance in the open position. The
Meadowbrook State Parkway Bridge normally operates under 33 CFR
117.799(h); however, paragraph (h) has been stayed and a temporary
paragraph (k) was issued to conduct the rehabilitation of the bridge
under the TFR.
The bridge is currently operating under single leaf openings to
conduct bridge rehabilitation operations until May 15, 2024. On
February 29, 2024, NYSDOT notified USCG of a bridge failure that
occurred at the Meadowbrook State Parkway. The Meadowbrook State
Parkway Bridge suffered damage to the submarine cables disabling the
bridge from operating under the current regulation which states the
bridge must open on signal if at least a one-half hour notice is given.
NYSDOT is requesting a 3-hour notice be required for bridge openings
during set times.
IV. Discussion of the Rule
NYSDOT is proposing single leaf openings with a 3-hour advance
notice for the following times: 5 a.m., 8 a.m., 11 a.m., 2 p.m., 5
p.m., 8 p.m., and 11 p.m., from May 31, 2024 through May 15, 2024. From
May 16, 2024, until January 2, 2025, the bridge will perform double
leaf openings with a 3-hour advance notice for the following times: 5
a.m., 8 a.m., 11 a.m., 2 p.m., 5 p.m., 8 p.m., and 11 p.m. No bridge
openings will be performed outside of these time frames except for
emergency vessels. This temporary interim rule is required while NYSDOT
performs bridge repairs. 33 CFR 117.799(h) will remain stayed until
January 2, 2025, and the current temporary paragraph (k) will be
revised to reflect the new temporary operating schedule.
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 given 3 hours 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. 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.
[[Page 47083]]
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, 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; Department of Homeland
Security Delegation No. 0170.1. Revision No. 01.3.
0
2. Section 117.799 is amended by staying paragraph (h), adding a
reserved paragraph (j), and adding paragraph (k).
The additions read as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(j) [Reserved]
(k) The draw of the Meadowbrook State Parkway Bridge across Sloop
Channel, mile 12.8, shall open under single leaf openings with a 3-hour
advance notice for the following times: 5 a.m., 8 a.m., 11 a.m., 2
p.m., 5 p.m., 8 p.m., and 11 p.m., May 31, 2024 through May 15, 2024.
From May 16, 2024, until January 2, 2025, the bridge will perform
double leaf openings with a 3-hour advance notice for the following
times: 5 a.m., 8 a.m., 11 a.m., 2 p.m., 5 p.m., 8 p.m., and 11 p.m. No
bridge openings will be performed outside of these time frames.
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-11837 Filed 5-30-24; 8:45 am]
BILLING CODE 9110-04-P
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