82_FR_57908 82 FR 57674 - Drawbridge Operation Regulation; Jamaica Bay, Queens, NY

82 FR 57674 - Drawbridge Operation Regulation; Jamaica Bay, Queens, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 234 (December 7, 2017)

Page Range57674-57676
FR Document2017-26431

The Coast Guard is modifying the operating schedule that governs the Marine Parkway (Gil Hodges) Bridge across Jamaica Bay (Rockaway Inlet), mile 3.0, at Queens, NY. This temporary interim rule is necessary to accomodate Metropolitan Transportation Authority's (MTA) (the owner of the Marine Parkway Bridge) unexpected emergency repairs requiring a complete closure of the Bridge and an extension of time for their completion. The active deviation allows for opening of the bridge with two-hours of advance notice and expires at the 180th day. Existing federal regulations do not allow back-to-back deviations.

Federal Register, Volume 82 Issue 234 (Thursday, December 7, 2017)
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Rules and Regulations]
[Pages 57674-57676]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26431]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0595]
RIN 1625-AA09


Drawbridge Operation Regulation; Jamaica Bay, Queens, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Marine Parkway (Gil Hodges) Bridge across Jamaica Bay 
(Rockaway Inlet), mile 3.0, at Queens, NY. This temporary interim rule 
is necessary to accomodate Metropolitan Transportation Authority's 
(MTA) (the owner of the Marine Parkway Bridge) unexpected emergency 
repairs requiring a complete closure of the Bridge and an extension of 
time for their completion. The active deviation allows for opening of 
the bridge with two-hours of advance notice and expires at the 180th 
day. Existing federal

[[Page 57675]]

regulations do not allow back-to-back deviations.

DATES: This temporary interim rule is effective without actual notice 
from December 7, 2017 through 11:59 p.m. on May 25, 2018. For the 
purposes of enforcement, actual notice will be used from 12:01 a.m. on 
November 27, 2017 until December 7, 2017.
    Comments and related material must reach the Coast Guard on or 
before February 5, 2018.

ADDRESSES: You may submit comments or view documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov. Type USCG-2017-0595 in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rulemaking.
    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 
temporary final rule, call or email Judy K. Leung-Yee, Bridge 
Management Specialist, U.S. Coast Guard; telephone 212-514-4336, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 6, 2017, we published a temporary deviation entitled, 
``Drawbridge Operation Regulation; Marine Parkway Bridge, Jamaica Bay, 
Queens, NY'' in the Federal Register (82 FR 31255). Although we did not 
request public comments, we conducted a public outreach and received no 
objections to the temporary deviation. No complaints have been 
submitted during the current temporary deviation's operation.
    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 of 
proposed rulemaking (NPRM) with respect to this rule because it is 
impracticable. During the recent replacement/rehabilitation of lift 
span systems, water was discovered inside the power and communication 
cables from the main electrical rooms on the lower level of the towers 
to the machinery rooms at the tops of the towers. In addition, 
structural steel for riser conduit support is also in need of immediate 
repairs and/or replacement. We must modify the opration schedule of the 
Bridge by November 27, 2017 to allow the bridge owner to conduct 
emergency repairs, but we lack sufficient time to provide a reasonable 
comment period and then consider those comments before issuing the 
modification.
    We are issuing this rule and under 5 U.S.C. 553(d)(3) and for the 
reasons stated above, the Coast Guard finds that good cause exists for 
making it effective in less than 30 days after publication in the 
Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Coast Guard is modifying the operating schedule that governs the 
Marine Parkway Bridge across Jamaica Bay, mile 3.0, at Queens, New 
York. The Marine Parkway Bridge is a vertical lift bridge offering 
mariners a vertical clearance of 55 feet at mean high water and 59 feet 
at mean low water in the closed position.
    The normal operating schedule for the Bridge is listed at 33 CFR 
117.795(a). MTA, the bridge owner, has requested this modification as 
additional time is required to perform the emergency repairs as 
described above.
    The waterway is transited by seasonal recreational traffic as well 
as commercial vessels, largely tug and barge combinations. The 55 foot 
vertical clearance while the bridge is in the closed position offers 
the bulk of commercial traffic sufficient room to transit under the 
bridge in the closed position. During the time period of October 2016 
to October 2017, there have been twelve (12) scheduled bridge openings 
for commercial vessel transit, two of which were cancelled prior to 
operation. Vessels that can pass under the bridge without an opening 
may do so at all times. The bridge will not be able to open for 
emergencies. There is no immediate alternate route for vessels unable 
to pass through the bridge when in the closed position.

IV. Discussion of the Temporary Interim Rule

    The Coast Guard has issued a Temporary Interim Rule from the 
operating schedule that governs the the Marine Parkway Bridge across 
Jamaica Bay, mile 3.0, at Queens, New York, in order to complete 
emergency repairs. The rule is necessary to accommodate the completion 
of the emergency repairs before the next boating season begins. This 
rule allows the bridge to remain in the closed position from 12:01 a.m. 
on November 27, 2017 through 11:59 p.m. on May 25, 2018.

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, 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 fact that the 
emergency bridge closure period is in the winter season and the 
majority of vessels will be able to successfully transit through the 
draw of the bridge without an opening.

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

[[Page 57676]]

may be small entities, for the reasons stated in section V.A above, 
this interim rule will not have a significant economic impact on any 
vessel owner or operator due to the clearance level while in the closed 
position and the fact the rule would be applied during at a time of 
year when vessel traffic is at its lowest.
    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, 
above.
    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 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
determination 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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from 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.

VI. 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 Temporary Interim Rule 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 Web site'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 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. In Sec.  117.795, effective from December 7, 2017 to 11:59 p.m. on 
May 25, 2018, suspend paragraph (a) and add paragraph (d) to read as 
follows:


Sec.  117.795   Jamaica Bay and connecting waterways.

* * * * *
    (d) The draw of the Marine Parkway Bridge, mile 3.0 over Rockaway 
Inlet, will not open for the passage of the vessels. The drawbridge 
will return to its regular operating schedule on May 26, 2018.

    Dated: November 21, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2017-26431 Filed 12-6-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             57674            Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations

                                             Paperwork Reduction Act                                 Regulatory Enforcement Fairness Act.                  counterpart Federal regulations for
                                               This rule does not contain                            This rule:                                            which an analysis was prepared and a
                                             information collection requirements that                   a. Does not have an annual effect on               determination made that the federal
                                             require approval by OMB under the                       the economy of $100 million.                          regulation did not impose an unfunded
                                             Paperwork Reduction Act (44 U.S.C.                         b. Will not cause a major increase in              mandate.
                                             3501 et seq.).                                          costs or prices for consumers,
                                                                                                     individual industries, Federal, State, or             List of Subjects in 30 CFR Part 950
                                             Regulatory Flexibility Act                              local government agencies, or                          Intergovernmental relations, Surface
                                               The Department of the Interior                        geographic regions.                                   mining, Underground mining.
                                             certifies that this rule will not have a                   c. Does not have significant adverse
                                                                                                                                                             Dated: September 19, 2017.
                                             significant economic impact on a                        effects on competition, employment,
                                                                                                     investment, productivity, innovation, or              David Berry,
                                             substantial number of small entities
                                                                                                     the ability of U.S. based enterprises to              Regional Director, Western Region.
                                             under the Regulatory Flexibility Act (5
                                             U.S.C. 601 et seq.). The State submittal,               compete with foreign-based enterprises.                 For the reasons set out in the
                                             which is the subject of this rule, is based                This determination is based upon the               preamble, 30 CFR part 950 is amended
                                             upon counterpart Federal regulations for                fact that the State submittal which is the            as set forth below:
                                             which an economic analysis was                          subject of this rule is based upon
                                             prepared and certification made that                    counterpart Federal regulations for                   PART 950—WYOMING
                                             such regulations would not have a                       which an analysis was prepared and a
                                             significant economic effect upon a                      determination made that the Federal                   ■ 1. The authority citation for part 950
                                             substantial number of small entities. In                regulation was not considered a major                 continues to read as follows:
                                             making the determination as to whether                  rule.
                                                                                                                                                               Authority: 30 U.S.C. 1201 et seq.
                                             this rule would have a significant                      Unfunded Mandates
                                             economic impact, the Department relied                                                                        ■ 2. Section 950.15 is amended in the
                                             upon the data and assumptions for the                      This rule will not impose an                       table by adding a new entry in
                                             counterpart Federal regulations.                        unfunded mandate on State, local, or                  chronological order by ‘‘Date of Final
                                                                                                     tribal governments or the private sector              Publication’’ to read as follows:
                                             Small Business Regulatory Enforcement                   of $100 million or more in any given
                                             Fairness Act                                            year. This determination is based upon                § 950.15 Approval of Wyoming regulatory
                                               This rule is not a major rule under 5                 the fact that the State submittal, which              program amendments.
                                             U.S.C. 804(2), of the Small Business                    is the subject of this rule, is based upon            *        *     *    *     *

                                                 Original amendment                 Date of final                                                  Citation/description
                                                  submission date                   publication


                                                      *                        *                     *                        *                     *                      *                     *
                                             January 8, 2013 .............   December 7, 2017 .........     Chapter 1 (Title); Chap. 1, Sec. 2(i); Chap. 1, Sec. 2(u)(ii); Chap. 1, Sec. 2(aw); Chap. 1,
                                                                                                              Sec. 2(az); Chap. 1, Sec. 2(br); Chap. 1, Sec. 2(bz); Chap. 1, Sec. 2(ca); Chap. 1, Sec.
                                                                                                              2(cg); Chap. 1, Sec. 2(co); Chap. 1, Sec. 2(cr); Chap. 1, Sec. 2(cv); Chap. 1, Sec.
                                                                                                              2(dd); Chap. 1, Sec. 2(df); Chap. 1, Sec. 2(ds); Chap. 1, Sec. 2(ez); Chap. 1, Sec. 2(fi);
                                                                                                              Chap. 1, Sec. 2(fs); Chap. 1, Sec. 3(b)(i) and (c); Chap. 2, Sec. 1(a); Chap. 2, Sec.
                                                                                                              1(c); Chap. 2, Sec. 2(a); Chap. 2, Sec. 2(a)(i)(C)–(E); Chap. 2, Sec. 2(a)(i)(F); Chap. 2,
                                                                                                              Sec. 2(a)(i)(G); Chap. 2, Sec. 2(a)(ii)(A)(II) and (III); Chap. 2, Sec. 2(a)(ii)(B); Chap. 2,
                                                                                                              Sec. 2(a)(iv); Chap. 2, Sec. 2(a)(v)(A) (I)(2.) and (III); Chap. 2, Sec. 4(a)(xvii); Chap. 2,
                                                                                                              Sec. 5(a)(viii)(A); Chapter 4 (Title); Chap. 4, Sec. 2(c)(v)(A); Chap. 4, Sec. 2(l)(ii)(F);
                                                                                                              Chap. 12, Sec. 1(a)(viii); Chap. 12, Sec. 1(a) (viii)(A) and (C); Chap. 12, Sec.
                                                                                                              1(a)(ix)(A)–(F); Chap. 12, Sec. 1(a)(x)(A)–(C); Chap. 12, Sec. 1(a)(x)(D) (II)–(IV); Chap.
                                                                                                              12, Sec. 1(a)(xi); Chap. 12, Sec. 1(a)(xii); Chap. 12, Sec. 1(a)(xiii) (A)–(C); Chap. 12,
                                                                                                              Sec. 1(a)(xiv)(A, B, D, and (E); Chap. 12, Sec. 1(a)(xiv)(G) (I)–(IX); Chap. 12, Sec. 1(b);
                                                                                                              Chap. 16, Sec. 2(h); Chap. 16, Sec. 2(j); also all minor punctuation, grammatical, and
                                                                                                              codification changes.



                                             § 950.16    [Amended]                                   DEPARTMENT OF HOMELAND                                SUMMARY:   The Coast Guard is modifying
                                                                                                     SECURITY                                              the operating schedule that governs the
                                             ■ 3. Section 950.16 is amended by
                                                                                                                                                           Marine Parkway (Gil Hodges) Bridge
                                             removing and reserving paragraphs (p)                   Coast Guard                                           across Jamaica Bay (Rockaway Inlet),
                                             and (u).
                                                                                                                                                           mile 3.0, at Queens, NY. This temporary
                                             [FR Doc. 2017–26432 Filed 12–6–17; 8:45 am]             33 CFR Part 117                                       interim rule is necessary to accomodate
                                             BILLING CODE 4310–05–P
                                                                                                     [Docket No. USCG–2017–0595]                           Metropolitan Transportation Authority’s
                                                                                                                                                           (MTA) (the owner of the Marine
                                                                                                     RIN 1625–AA09                                         Parkway Bridge) unexpected emergency
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                                                                                                                                                           repairs requiring a complete closure of
                                                                                                     Drawbridge Operation Regulation;                      the Bridge and an extension of time for
                                                                                                     Jamaica Bay, Queens, NY                               their completion. The active deviation
                                                                                                     AGENCY:  Coast Guard, DHS.                            allows for opening of the bridge with
                                                                                                     ACTION: Temporary interim rule with                   two-hours of advance notice and expires
                                                                                                     request for comments.                                 at the 180th day. Existing federal



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                                                              Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations                                      57675

                                             regulations do not allow back-to-back                   553(b), the Coast Guard finds that good               IV. Discussion of the Temporary
                                             deviations.                                             cause exists for not publishing a notice              Interim Rule
                                             DATES:  This temporary interim rule is                  of proposed rulemaking (NPRM) with                      The Coast Guard has issued a
                                             effective without actual notice from                    respect to this rule because it is                    Temporary Interim Rule from the
                                             December 7, 2017 through 11:59 p.m. on                  impracticable. During the recent                      operating schedule that governs the the
                                             May 25, 2018. For the purposes of                       replacement/rehabilitation of lift span               Marine Parkway Bridge across Jamaica
                                             enforcement, actual notice will be used                 systems, water was discovered inside                  Bay, mile 3.0, at Queens, New York, in
                                             from 12:01 a.m. on November 27, 2017                    the power and communication cables                    order to complete emergency repairs.
                                             until December 7, 2017.                                 from the main electrical rooms on the                 The rule is necessary to accommodate
                                                Comments and related material must                   lower level of the towers to the                      the completion of the emergency repairs
                                             reach the Coast Guard on or before                      machinery rooms at the tops of the                    before the next boating season begins.
                                             February 5, 2018.                                       towers. In addition, structural steel for             This rule allows the bridge to remain in
                                                                                                     riser conduit support is also in need of              the closed position from 12:01 a.m. on
                                             ADDRESSES: You may submit comments
                                                                                                     immediate repairs and/or replacement.                 November 27, 2017 through 11:59 p.m.
                                             or view documents mentioned in this
                                                                                                     We must modify the opration schedule                  on May 25, 2018.
                                             preamble as being available in the
                                                                                                     of the Bridge by November 27, 2017 to
                                             docket, go to http://                                                                                         V. Regulatory Analyses
                                                                                                     allow the bridge owner to conduct
                                             www.regulations.gov. Type USCG–
                                                                                                     emergency repairs, but we lack                          We developed this rule after
                                             2017–0595 in the ‘‘SEARCH’’ box and
                                                                                                     sufficient time to provide a reasonable               considering numerous statutes and
                                             click ‘‘SEARCH.’’ Click on Open Docket
                                                                                                     comment period and then consider                      Executive Orders related to rulemaking.
                                             Folder on the line associated with this
                                                                                                     those comments before issuing the                     Below we summarize our analyses
                                             rulemaking.
                                                                                                     modification.                                         based on a number of these statutes and
                                                See the ‘‘Public Participation and
                                                                                                        We are issuing this rule and under 5               Executive Orders, and we discuss First
                                             Request for Comments’’ portion of the
                                                                                                     U.S.C. 553(d)(3) and for the reasons                  Amendment rights of protesters.
                                             SUPPLEMENTARY INFORMATION section
                                             below for instructions on submitting                    stated above, the Coast Guard finds that              A. Regulatory Planning and Review
                                             comments.                                               good cause exists for making it effective                Executive Orders 12866 and 13563
                                                                                                     in less than 30 days after publication in             direct agencies to assess the costs and
                                             FOR FURTHER INFORMATION CONTACT:      If
                                                                                                     the Federal Register.                                 benefits of available regulatory
                                             you have questions on this temporary
                                             final rule, call or email Judy K. Leung-                III. Legal Authority and Need for Rule                alternatives and, if regulation is
                                             Yee, Bridge Management Specialist,                                                                            necessary, to select regulatory
                                             U.S. Coast Guard; telephone 212–514–                       The Coast Guard is issuing this rule               approaches that maximize net benefits.
                                             4336, email Judy.K.Leung-Yee@uscg.mil.                  under authority 33 U.S.C. 499. The                    Executive Order 13771 directs agencies
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     Coast Guard is modifying the operating                to control regulatory costs through a
                                                                                                     schedule that governs the Marine                      budgeting process. This rule has not
                                             I. Table of Abbreviations                               Parkway Bridge across Jamaica Bay,                    been designated a ‘‘significant
                                             CFR Code of Federal Regulations                         mile 3.0, at Queens, New York. The                    regulatory action,’’ under Executive
                                             DHS Department of Homeland Security                     Marine Parkway Bridge is a vertical lift              Order 12866. Accordingly, it has not
                                             FR Federal Register                                     bridge offering mariners a vertical                   been reviewed by the Office of
                                             NPRM Notice of proposed rulemaking                      clearance of 55 feet at mean high water               Management and Budget (OMB) and
                                             § Section                                               and 59 feet at mean low water in the                  pursuant to OMB guidance it is exempt
                                             U.S.C. United States Code                               closed position.                                      from the requirements of Executive
                                             II. Background Information and                             The normal operating schedule for the              Order 13771.
                                             Regulatory History                                      Bridge is listed at 33 CFR 117.795(a).                   This regulatory action determination
                                                                                                     MTA, the bridge owner, has requested                  is based on the fact that the emergency
                                                On July 6, 2017, we published a                                                                            bridge closure period is in the winter
                                             temporary deviation entitled,                           this modification as additional time is
                                                                                                     required to perform the emergency                     season and the majority of vessels will
                                             ‘‘Drawbridge Operation Regulation;                                                                            be able to successfully transit through
                                             Marine Parkway Bridge, Jamaica Bay,                     repairs as described above.
                                                                                                                                                           the draw of the bridge without an
                                             Queens, NY’’ in the Federal Register (82                   The waterway is transited by seasonal              opening.
                                             FR 31255). Although we did not request                  recreational traffic as well as
                                             public comments, we conducted a                         commercial vessels, largely tug and                   B. Impact on Small Entities
                                             public outreach and received no                         barge combinations. The 55 foot vertical                 The Regulatory Flexibility Act of 1980
                                             objections to the temporary deviation.                  clearance while the bridge is in the                  (RFA), 5 U.S.C. 601–612, as amended,
                                             No complaints have been submitted                       closed position offers the bulk of                    requires federal agencies to consider the
                                             during the current temporary                            commercial traffic sufficient room to                 potential impact of regulations on small
                                             deviation’s operation.                                  transit under the bridge in the closed                entities during rulemaking. The term
                                                The Coast Guard is issuing this                      position. During the time period of                   ‘‘small entities’’ comprises small
                                             temporary interim rule without prior                    October 2016 to October 2017, there                   businesses, not-for-profit organizations
                                             notice and opportunity to comment                       have been twelve (12) scheduled bridge                that are independently owned and
                                             pursuant to authority under section 4(a)                openings for commercial vessel transit,               operated and are not dominant in their
                                             of the Administrative Procedure Act                     two of which were cancelled prior to                  fields, and governmental jurisdictions
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                                             (APA) (5 U.S.C. 553(b)). This provision                 operation. Vessels that can pass under                with populations of less than 50,000.
                                             authorizes an agency to issue a rule                    the bridge without an opening may do                  The Coast Guard certifies under 5 U.S.C.
                                             without prior notice and opportunity to                 so at all times. The bridge will not be               605(b) that this rule will not have a
                                             comment when the agency for good                        able to open for emergencies. There is                significant economic impact on a
                                             cause finds that those procedures are                   no immediate alternate route for vessels              substantial number of small entities.
                                             ‘‘impracticable, unnecessary, or contrary               unable to pass through the bridge when                   While some owners or operators of
                                             to the public interest.’’ Under 5 U.S.C.                in the closed position.                               vessels intending to transit the bridge


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                                             57676            Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations

                                             may be small entities, for the reasons                  or on the distribution of power and                      We encourage you to submit
                                             stated in section V.A above, this interim               responsibilities between the Federal                  comments through the Federal
                                             rule will not have a significant                        Government and Indian tribes.                         eRulemaking Portal at http://
                                             economic impact on any vessel owner                                                                           www.regulations.gov. If your material
                                                                                                     E. Unfunded Mandates Reform Act
                                             or operator due to the clearance level                                                                        cannot be submitted using http://
                                             while in the closed position and the fact                 The Unfunded Mandates Reform Act                    www.regulations.gov, contact the person
                                             the rule would be applied during at a                   of 1995 (2 U.S.C. 1531–1538) requires                 in the FOR FURTHER INFORMATION
                                             time of year when vessel traffic is at its              Federal agencies to assess the effects of             CONTACT section of this document for
                                             lowest.                                                 their discretionary regulatory actions. In            alternate instructions.
                                                Under section 213(a) of the Small                    particular, the Act addresses actions
                                             Business Regulatory Enforcement                         that may result in the expenditure by a                  We accept anonymous comments. All
                                             Fairness Act of 1996 (Pub. L. 104–121),                 State, local, or tribal government, in the            comments received will be posted
                                             we want to assist small entities in                     aggregate, or by the private sector of                without change to http://
                                             understanding this rule. If the rule                    $100,000,000 (adjusted for inflation) or              www.regulations.gov and will include
                                             would affect your small business,                       more in any one year. Though this rule                any personal information you have
                                             organization, or governmental                           will not result in such an expenditure,               provided. For more about privacy and
                                             jurisdiction and you have questions                     we do discuss the effects of this rule                the docket, visit http://
                                             concerning its provisions or options for                elsewhere in this preamble.                           www.regulations.gov/privacyNotice.
                                             compliance, please contact the person
                                                                                                     F. Environment                                           Documents mentioned in this
                                             listed in the FOR FURTHER INFORMATION
                                                                                                                                                           Temporary Interim Rule as being
                                             CONTACT, above.                                            We have analyzed this rule under
                                                Small businesses may send comments                                                                         available in this docket and all public
                                                                                                     Department of Homeland Security                       comments, will be in our online docket
                                             on the actions of Federal employees                     Management Directive 023–01 and
                                             who enforce, or otherwise determine                                                                           at http://www.regulations.gov and can
                                                                                                     Commandant Instruction M16475.lD,                     be viewed by following that Web site’s
                                             compliance with, Federal regulations to                 which guides the Coast Guard in
                                             the Small Business and Agriculture                                                                            instructions. Additionally, if you go to
                                                                                                     complying with the National                           the online docket and sign up for email
                                             Regulatory Enforcement Ombudsman                        Environmental Policy Act of 1969
                                             and the Regional Small Business                                                                               alerts, you will be notified when
                                                                                                     (NEPA) (42 U.S.C. 4321–4370f), and
                                             Regulatory Fairness Boards. The                                                                               comments are posted or a final rule is
                                                                                                     have made a determination that this
                                             Ombudsman evaluates these actions                       action is one of a category of actions                published.
                                             annually and rates each agency’s                        which do not individually or                          List of Subjects in 33 CFR Part 117
                                             responsiveness to small business. If you                cumulatively have a significant effect on
                                             wish to comment on actions by                           the human environment. This rule                          Bridges.
                                             employees of the Coast Guard, call 1–                   simply promulgates the operating
                                             888–REG–FAIR (1–888–734–3247). The                                                                              For the reasons discussed in the
                                                                                                     regulations or procedures for                         preamble, the Coast Guard amends 33
                                             Coast Guard will not retaliate against                  drawbridges. This action is categorically
                                             small entities that question or complain                                                                      CFR part 117 as follows:
                                                                                                     excluded from further review, under
                                             about this rule or any policy or action                 figure 2–1, paragraph (32)(e), of the
                                             of the Coast Guard.                                                                                           PART 117—DRAWBRIDGE
                                                                                                     Instruction. We seek any comments or                  OPERATION REGULATIONS
                                             C. Collection of Information                            information that may lead to the
                                               This rule calls for no new collection                 discovery of a significant environmental
                                                                                                                                                           ■ 1. The authority citation for part 117
                                             of information under the Paperwork                      impact from this rule.
                                                                                                                                                           continues to read as follows:
                                             Reduction Act of 1995 (44 U.S.C. 3501–                  G. Protest Activities                                   Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                             3520).
                                                                                                       The Coast Guard respects the First                  Department of Homeland Security Delegation
                                             D. Federalism and Indian Tribal                         Amendment rights of protesters.                       No. 0170.1.
                                             Government                                              Protesters are asked to contact the
                                                                                                                                                           ■ 2. In § 117.795, effective from
                                                A rule has implications for federalism               person listed in the FOR FURTHER
                                                                                                     INFORMATION CONTACT section to
                                                                                                                                                           December 7, 2017 to 11:59 p.m. on May
                                             under Executive Order 13132,
                                                                                                     coordinate protest activities so that your            25, 2018, suspend paragraph (a) and add
                                             Federalism, if it has a substantial direct
                                                                                                     message can be received without                       paragraph (d) to read as follows:
                                             effect on the States, on the relationship
                                             between the national government and                     jeopardizing the safety or security of                § 117.795 Jamaica Bay and connecting
                                             the States, or on the distribution of                   people, places or vessels.                            waterways.
                                             power and responsibilities among the                    VI. Public Participation and Request for              *      *    *     *    *
                                             various levels of government. We have                   Comments
                                             analyzed this rule under that Order and                                                                          (d) The draw of the Marine Parkway
                                             have determined that it is consistent                     We view public participation as                     Bridge, mile 3.0 over Rockaway Inlet,
                                             with the fundamental federalism                         essential to effective rulemaking, and                will not open for the passage of the
                                             principles and preemption requirements                  will consider all comments and material               vessels. The drawbridge will return to
                                             described in Executive Order 13132.                     received during the comment period.                   its regular operating schedule on May
                                                Also, this rule does not have tribal                 Your comment can help shape the                       26, 2018.
Pmangrum on DSK3GDR082PROD with RULES




                                             implications under Executive Order                      outcome of this rulemaking. If you                      Dated: November 21, 2017.
                                             13175, Consultation and Coordination                    submit a comment, please include the
                                                                                                                                                           S.D. Poulin,
                                             with Indian Tribal Governments,                         docket number for this rulemaking,
                                             because it does not have a substantial                  indicate the specific section of this                 Rear Admiral, U.S. Coast Guard Commander,
                                             direct effect on one or more Indian                     document to which each comment                        First Coast Guard District.
                                             tribes, on the relationship between the                 applies, and provide a reason for each                [FR Doc. 2017–26431 Filed 12–6–17; 8:45 am]
                                             Federal Government and Indian tribes,                   suggestion or recommendation.                         BILLING CODE 9110–04–P




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Document Created: 2017-12-07 00:34:37
Document Modified: 2017-12-07 00:34:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary interim rule with request for comments.
DatesThis temporary interim rule is effective without actual notice from December 7, 2017 through 11:59 p.m. on May 25, 2018. For the purposes of enforcement, actual notice will be used from 12:01 a.m. on November 27, 2017 until December 7, 2017.
ContactIf you have questions on this temporary final rule, call or email Judy K. Leung-Yee, Bridge Management Specialist, U.S. Coast Guard; telephone 212-514-4336, email [email protected]
FR Citation82 FR 57674 
RIN Number1625-AA09

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