82 FR 60316 - Drawbridge Operation Regulation; Quantuck Canal, Westhampton Beach, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 243 (December 20, 2017)

Page Range		60316-60318
FR Document		2017-27403

The Coast Guard is modifying the operating schedule that governs the Beach Lane Bridge across Quantuck Canal, mile 1.1, at Westhampton Beach, New York. This action is necessary to allow for an unexpected delay in the rehabilitation of the bascule leaves and painting of the bridge. A temporary deviation was previously granted for a length of 180 days. As the Coast Guard may not approve extensions beyond that allotted timeframe nor approve back-to-back or sequential deviations, it is necessary to issue this rule in order to allow the bridge owner to complete the remaining work items.

Federal Register, Volume 82 Issue 243 (Wednesday, December 20, 2017)

[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60316-60318]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27403]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0311]
RIN 1625-AA09


Drawbridge Operation Regulation; Quantuck Canal, Westhampton 
Beach, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Beach Lane Bridge across Quantuck Canal, mile 1.1, at 
Westhampton Beach, New York. This action is necessary to allow for an 
unexpected delay in the rehabilitation of the bascule leaves and 
painting of the bridge. A temporary deviation was previously granted 
for a length of 180 days. As the Coast Guard

[[Page 60317]]

may not approve extensions beyond that allotted timeframe nor approve 
back-to-back or sequential deviations, it is necessary to issue this 
rule in order to allow the bridge owner to complete the remaining work 
items.

DATES: This rule is effective without actual notice from December 20, 
2017 until 11:59 p.m. on January 11, 2018. For the purposes of 
enforcement, actual notice will be used from 12:01 on December 1, 2017 
until December 20, 2017.''

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0048 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or email Judy 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
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On September 13, 2017, we published a temporary deviation entitled, 
``Drawbridge Operation Regulation; Beach Lane Bridge, Quantuck Canal, 
Westhampton Beach, NY'' in the Federal Register (see 82 FR 42940). 
Although we did not request public comments, outreach conducted with 
mariners utilizing the waterway indicated no objections to the 
temporary deviation. No complaints were submitted during the temporary 
deviation.
    The Coast Guard is issuing this temporary final 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. Due to 
unanticipated difficulties and delays impacting the schedule and pace 
of rehabilitation of the bascule leaves and painting of the bridge 
additional time is required to finalize and complete the work necessary 
in order to restore the bridge to full operational capacity. We must 
modify the operation schedule of the bridge by December 1, 2017 to 
allow the completion of rehabilitation of the bascule leaves and 
painting of the bridge. We therefore 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 the 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 
Beach Lane Bridge across Quantuck Canal, mile 1.1, at Westhampton 
Beach, New York. The Beach Lane Bridge is a double-leaf bascule bridge 
offering mariners a vertical clearance of 13.9 feet at mean high water 
and 16.2 feet at mean low water in the closed position.
    The existing drawbridge regulations are listed at 33 CFR 
117.799(d). The Suffolk County Department of Public Works, the bridge 
owner, has requested this modification as additional time is required 
to complete the final rehabilitation of the bascule leaves and painting 
of the bridge.
    The Suffolk County Department of Public Works has also requested 
that the Beach Lane Bridge be allowed to open on signal only one of two 
bascule spans for bridge openings with the understanding that dual 
lift-span operations will occur for vessels requiring such an opening 
provided a 48 hour advance notice was furnished to the owner of the 
bridge.
    The bridge generally opens for seasonal recreational craft and 
small scale tug/barge combinations occasionally transit the waterway. 
Vessels that can pass under the bridge without an opening may do so at 
all times. The bridge will be able to open for emergencies and there is 
no alternate route for vessels unable to pass through the bridge when 
in the closed position.

IV. Discussion of the Rule

    The Coast Guard is issuing this rule, which permits a temporary 
deviation from the operating schedule that governs the Beach Lane 
Bridge across Quantuck Canal, mile 1.1, at Westhampton Beach, New York. 
The rule is necessary to accommodate the completion of rehabilitation 
of the bascule leaves and painting of the bridge. This rule allows for 
single-leaf operations upon signal and dual lift-span operations will 
be provided for vessels requiring such an opening given 48 hours of 
advance notice.

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 ability of the majority of vessels to 
successfully transit through the draw of the bridge with a single-leaf 
opening. Vessels requiring dual lift-span operations may continue to 
transit the draw provided submission of advance 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 interim rule will not have a significant

[[Page 60318]]

economic impact on any vessel owner or operator. Mariners requiring 
dual lift-span operations have been able to transit the draw following 
provision of advance notice. Single-leaf operations will be furnished 
on signal for those vessels requiring such an opening.
    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. A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. In Sec.  117.799, effective from 12:01 a.m. on December 20, 2017, 
through 11:59 p.m. on January 11, 2018, suspend paragraph (d) and add 
paragraph (j) to read as follows:


Sec.  117.799  Long Island, New York Inland Waterway from East Rockaway 
Inlet to Shinnecock Canal.

* * * * *
    (j) The draws of the West Bay bridge, mile 0.1, across Quantuck 
Canal, Quoque bridge, mile 1.1, across Quoque Canal and the Smith Point 
bridge, mile 6.1, across Narrow Bay shall open on signal from October 1 
through April 30 from 8 a.m. to 4 p.m. and from May 1 through September 
30 from 6 a.m. to 10 p.m. At all other times during these periods, the 
draws shall open as soon as possible but no more than one hour after a 
request to open is received.
    (1) The draw of the Beach Lane bridge, mile 1.1, across Quantuck 
Canal shall open only one of two bascule spans on signal for bridge 
openings. Dual lift-span operations will occur for vessels requiring 
such an opening provided a 48 hour advance to the owner of the bridge.

    Dated: December 5, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-27403 Filed 12-19-17; 8:45 am]
 BILLING CODE 9110-04-P

60318 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations

economic impact on any vessel owner responsibilities between the Federal 11:59 p.m. on January 11, 2018, suspend
or operator. Mariners requiring dual lift- Government and Indian tribes. paragraph (d) and add paragraph (j) to
span operations have been able to read as follows:
E. Unfunded Mandates Reform Act
transit the draw following provision of
advance notice. Single-leaf operations The Unfunded Mandates Reform Act § 117.799 Long Island, New York Inland
of 1995 (2 U.S.C. 1531–1538) requires Waterway from East Rockaway Inlet to
will be furnished on signal for those Shinnecock Canal.
vessels requiring such an opening. Federal agencies to assess the effects of
their discretionary regulatory actions. In * * * * *
Under section 213(a) of the Small
particular, the Act addresses actions (j) The draws of the West Bay bridge,
Business Regulatory Enforcement
that may result in the expenditure by a mile 0.1, across Quantuck Canal,
Fairness Act of 1996 (Pub. L. 104–121),
State, local, or tribal government, in the Quoque bridge, mile 1.1, across Quoque
we want to assist small entities in
aggregate, or by the private sector of Canal and the Smith Point bridge, mile
understanding this rule. If the rule
$100,000,000 (adjusted for inflation) or 6.1, across Narrow Bay shall open on
would affect your small business,
more in any one year. Though this rule signal from October 1 through April 30
organization, or governmental
will not result in such an expenditure, from 8 a.m. to 4 p.m. and from May 1
jurisdiction and you have questions
we do discuss the effects of this rule through September 30 from 6 a.m. to 10
concerning its provisions or options for
elsewhere in this preamble. p.m. At all other times during these
compliance, please contact the person
periods, the draws shall open as soon as
listed in the FOR FURTHER INFORMATION F. Environment possible but no more than one hour after
CONTACT, above.
We have analyzed this rule under a request to open is received.
Small businesses may send comments Department of Homeland Security (1) The draw of the Beach Lane
on the actions of Federal employees Management Directive 023–01 and bridge, mile 1.1, across Quantuck Canal
who enforce, or otherwise determine Commandant Instruction M16475.lD, shall open only one of two bascule
compliance with, Federal regulations to which guides the Coast Guard in spans on signal for bridge openings.
the Small Business and Agriculture complying with the National Dual lift-span operations will occur for
Regulatory Enforcement Ombudsman Environmental Policy Act of 1969 vessels requiring such an opening
and the Regional Small Business (NEPA) (42 U.S.C. 4321–4370f), and provided a 48 hour advance to the
Regulatory Fairness Boards. The have made a determination that this owner of the bridge.
Ombudsman evaluates these actions action is one of a category of actions
annually and rates each agency’s Dated: December 5, 2017.
which do not individually or S.D. Poulin,
responsiveness to small business. If you cumulatively have a significant effect on
wish to comment on actions by Rear Admiral, U.S. Coast Guard, Commander,
the human environment. This rule First Coast Guard District.
employees of the Coast Guard, call 1– simply promulgates the operating
888–REG–FAIR (1–888–734–3247). The [FR Doc. 2017–27403 Filed 12–19–17; 8:45 am]
regulations or procedures for
Coast Guard will not retaliate against drawbridges. This action is categorically
BILLING CODE 9110–04–P
small entities that question or complain 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. DEPARTMENT OF HOMELAND
Instruction. A preliminary Record of SECURITY
C. Collection of Information Environmental Consideration and a
Memorandum for the Record are not Coast Guard
This rule calls for no new collection
required for this rule.
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501– G. Protest Activities 33 CFR Part 165
3520). The Coast Guard respects the First [Docket Number USCG–2017–0994]
D. Federalism and Indian Tribal Amendment rights of protesters. RIN 1625–AA00
Government Protesters are asked to contact the
person listed in the FOR FURTHER Safety Zone; Spa Creek, Annapolis, MD
A rule has implications for federalism INFORMATION CONTACT section to
under Executive Order 13132, AGENCY: Coast Guard, DHS.
coordinate protest activities so that your
Federalism, if it has a substantial direct message can be received without ACTION: Temporary final rule.
effect on the States, on the relationship jeopardizing the safety or security of
between the national government and SUMMARY: The Coast Guard is
people, places or vessels. establishing a temporary safety zone for
the States, or on the distribution of
power and responsibilities among the List of Subjects in 33 CFR Part 117 certain waters of Spa Creek. This action
various levels of government. We have is necessary to provide for the safety of
Bridges.
analyzed this rule under that Order and life on navigable waters during a
For the reasons discussed in the fireworks display in Anne Arundel
have determined that it is consistent preamble, the Coast Guard amends 33
with the fundamental federalism County at Annapolis, MD, on December
CFR part 117 as follows: 31, 2017. This rulemaking prohibits
principles and preemption requirements
described in Executive Order 13132. PART 117—DRAWBRIDGE persons and vessels from entering the
OPERATION REGULATIONS safety zone unless authorized by the
Also, this rule does not have tribal
Captain of the Port Maryland–National
implications under Executive Order
■ 1. The authority citation for part 117 Capital Region or a designated
13175, Consultation and Coordination
ethrower on DSK3G9T082PROD with RULES

continues to read as follows: representative.
with Indian Tribal Governments,
because it does not have a substantial Authority: 33 U.S.C. 499; 33 CFR 1.05–1; DATES: This rule is effective from 11
direct effect on one or more Indian Department of Homeland Security Delegation p.m. on December 31, 2017 through 1
tribes, on the relationship between the No. 0170.1. a.m. on January 1, 2018.
Federal Government and Indian tribes, ■ 2. In § 117.799, effective from 12:01 ADDRESSES: To view documents
or on the distribution of power and a.m. on December 20, 2017, through mentioned in this preamble as being

VerDate Sep<11>2014 16:19 Dec 19, 2017 Jkt 244001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1

Document Created: 2018-10-25 10:56:54
Document Modified: 2018-10-25 10:56:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from December 20, 2017 until 11:59 p.m. on January 11, 2018. For the purposes of enforcement, actual notice will be used from 12:01 on December 1, 2017 until December 20, 2017.''
Contact		If you have questions on this interim rule, call or email Judy Leung-Yee, Bridge Management Specialist, U.S. Coast Guard; telephone 212-514-4336, email [email protected]
FR Citation		82 FR 60316
RIN Number		1625-AA09

82 FR 60316 - Drawbridge Operation Regulation; Quantuck Canal, Westhampton Beach, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 243 (December 20, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard