[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Rules and Regulations]
[Page 29688-29690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-0010]
RIN 1625-AA09
Drawbridge Operation Regulations; Mill Neck Creek, Oyster Bay, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern the operation of the Bayville Bridge, mile 0.1,
across Mill Neck Creek at Oyster Bay, New York. This final rule will
allow the bridge to open on signal between 7 a.m. and 11 p.m. from May
1 through October 31 and between 7 a.m. and 5 p.m., Monday through
Friday, from November 1 through April 30. At all other times the bridge
will open after a two-hour advance notice is
[[Page 29689]]
given by calling the number posted at the bridge. The purpose of this
rule is to help relieve the bridge owner from the burden of crewing the
bridge during time periods that the bridge receives few requests to
open.
DATES: This rule is effective June 23, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (USCG-2008-0010) and are available online at http://
www.regulations.gov. This material is also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays, and the
First Coast Guard District, Bridge Branch, One South Street, New York,
NY 10004, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District, (212) 668-7195.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 7, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Mill Neck Creek,
Oyster Bay, NY,'' in the Federal Register (73 FR 12315). We received
two letters commenting on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
The Bayville Bridge has a vertical clearance of 9 feet at mean high
water, and 16 feet at mean low water in the closed position. The
existing drawbridge operating regulations listed at 33 CFR 117.5,
require the bridge to open on signal at all times.
On March 8, 2007, the bridge owner, the County of Nassau,
Department of Public Works, requested a change to the drawbridge
operation regulations to help provide relief from the burden of
providing a draw tender at the bridge during time periods when bridge
seldom receives a request to open.
On April 13, 2007, the Coast Guard authorized a temporary deviation
with a request for public comment in order to test the proposed rule
change. The temporary test deviation was in effect from May 25, 2007,
through November 20, 2007, with a comment period open until November
30, 2007. The Coast Guard received no comments or complaints from
mariners in response to the temporary test deviation.
As a result of the above information, the Coast Guard published a
notice of proposed rulemaking proposing to permanently change the
drawbridge operation regulations for the Bayville Bridge. Under the
notice of proposed rulemaking the bridge would be required to open on
signal between 7 a.m. and 11 p.m., from May 1 through October 31, and
between 7 a.m. and 5 p.m., Monday through Friday, from November 1
through April 30. At all other times the draw shall open on signal
after at least a two-hour advance notice is provided by calling the
number posted at the bridge.
Discussion of Comments and Changes
The Coast Guard received two comment letters from the New York
State Office of Parks and Tennessee Gas Pipeline Company in response to
the notice of proposed rulemaking. Both comment letters stated no
objection to the proposed rule change and as a result, no changes have
been made to this final rule.
Regulatory Analysis
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3), of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This conclusion is based on the fact that vessel traffic will still
be able to transit through the Bayville Bridge at any time provided
they give a two-hour advance notice during the time periods the bridge
is not crewed.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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.
This conclusion is based on the fact that vessel traffic will still
be able to transit through the Bayville Bridge at any time provided
they give a two-hour advance notice during time periods the bridge is
not crewed.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
No small entities requested Coast Guard assistance and none was
given.
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.
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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
[[Page 29690]]
aggregate, or by the private sector of $100,000,000 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction, from further environmental
documentation considering that it relates to the promulgation of
operating regulations or procedures for drawbridges.
Under figure 2-1, paragraph (32)(e), of the instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast 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(g); Department of
Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 117.800 to read as follows:
Sec. 117.800 Mill Neck Creek.
The draw of the Bayville Bridge, mile 0.1, at Oyster Bay, New York,
shall open on signal between 7 a.m. and 11 p.m., from May 1 through
October 31, and between 7 a.m. and 5 p.m., Monday through Friday, from
November 1 through April 30. At all other times the draw shall open on
signal provided at least a two-hour advance notice is given by calling
the number posted at the bridge.
Dated: May 13, 2008.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E8-11443 Filed 5-21-08; 8:45 am]
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