Drawbridge Operation Regulation; Reynolds Channel, Lawrence, NY, 49104-49106 [2017-23053]
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49104
Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations
(H) Specimen stability data, including
stability under various storage times,
temperatures, freeze-thaw, and transport
conditions where appropriate;
(I) Method comparison data generated
by comparison of the results obtained
with the device to those obtained with
a legally marketed predicate device with
similar indication of use. Patient
samples from the intended use
population covering the device
measuring range must be used;
(J) Specimen matrix comparison data
if more than one specimen type or
anticoagulant can be tested with the
device. Samples used for comparison
must be from patient samples covering
the device measuring range;
(K) A description of how the assay
cut-off (the medical decision point
between positive and negative) was
established and validated as well as
supporting data;
(L) Clinical performance must be
established by comparing data generated
by testing samples from the intended
use population and the differential
diagnosis groups with the device to the
clinical diagnostic standard. The
diagnosis of Type 1 diabetes mellitus
must be based on clinical history,
physical examination, and laboratory
tests, such as one or more pancreatic or
insulin autoantibody test. Because the
intended use population for Type 1
diabetes mellitus includes subjects less
than 18 years old, samples from
representative numbers of these subjects
must be included. Representative
numbers of samples from all age strata
must also be included. The differential
diagnosis groups must include, but not
be limited to the following: Type 2
diabetes mellitus; metabolic syndrome;
latent autoimmune diabetes in adults;
other autoimmune diseases such as
celiac disease (without a concomitant
diagnosis of Type 1 diabetes mellitus),
systemic lupus erythematosus,
rheumatoid arthritis, and Hashimoto’s
thyroiditis; infection; renal disease; and
testicular cancer. Diseases for the
differential groups must be based on
established diagnostic criteria and
clinical evaluation. For all samples, the
diagnostic clinical criteria and the
demographic information must be
collected and provided. The clinical
validation results must demonstrate
clinical sensitivity and clinical
specificity for the test values based on
the presence or absence of Type 1
diabetes mellitus. The data must be
summarized in tabular format
comparing the interpretation of results
to the disease status; and
(M) Expected/reference values
generated by testing an adequate
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number of samples from apparently
healthy normal individuals.
(iii) Identification of risk mitigation
elements used by the device, including
description of all additional procedures,
methods, and practices incorporated
into the directions for use that mitigate
risks associated with testing.
(2) Your 21 CFR 809.10(a) compliant
label and 21 CFR 809.10(b) compliant
labeling must include warnings relevant
to the assay including:
(i) A warning statement that reads,
‘‘The device is for use by laboratory
professionals in a clinical laboratory
setting’’;
(ii) A warning statement that reads,
‘‘The test is not a stand-alone test but an
adjunct to other clinical information. A
diagnosis of Type 1 diabetes mellitus
should not be made on a single test
result. The clinical symptoms, results
on physical examination, and laboratory
tests (e.g., serological tests), when
appropriate, should always be taken
into account when considering the
diagnosis of Type 1 diabetes mellitus
and Type 2 diabetes mellitus’’;
(iii) A warning statement that reads,
‘‘Absence of Zinc T8 autoantibody does
not rule out a diagnosis of Type 1
diabetes mellitus’’; and
(iv) A warning statement that reads,
‘‘The assay has not been demonstrated
to be effective for monitoring the stage
of disease or its response to treatment.’’
(3) Your 21 CFR 809.10(b) compliant
labeling must include a description of
the protocol and performance studies
performed in accordance with
paragraph (b)(1)(ii) of this section and a
summary of the results.
Dated: October 18, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017–22995 Filed 10–23–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0048]
RIN 1625–AA09
Drawbridge Operation Regulation;
Reynolds Channel, Lawrence, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
Atlantic Beach Bridge across Reynolds
SUMMARY:
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Channel, mile 0.4 at Lawrence, New
York. This action is necessary to allow
for an unexpected delay in the
reconstruction and painting of the
bascule leaves. 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.
DATES: This rule is effective without
actual notice from October 24, 2017
until 11:59 p.m. on November 13, 2017.
For the purposes of enforcement, actual
notice will be used from 12:01 on
October 14, 2017 until October 24, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 James M. Moore, Bridge
Management Specialist, U.S. Coast
Guard; telephone 202–372–1518, email
James.M.Moore2@uscg.mil.
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On April 6, 2017, we published a
temporary deviation entitled,
‘‘Drawbridge Operation Regulation;
Atlantic Beach Bridge, Reynolds
Channel, Lawrence, NY’’ in the Federal
Register (see 82 FR 06735). Although we
did not request public comments,
outreach conducted with mariners
utilizing the waterway indicated no
objections to the temporary deviation.
No complaints have been submitted
during the current temporary deviation.
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
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pmangrum on DSK3GDR082PROD with RULES
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 bascule leaf
reconstruction and painting, additional
time is required to finalize and complete
the work necessary to restore the bridge
to full operational capacity. We must
modify the operation schedule of the
bridge by October 15, 2017 to allow the
completion of bascule leaf
reconstruction and painting. Due to the
circumstances of this repair project, 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 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 Atlantic
Beach Bridge across Reynolds Channel,
mile 0.4, at Lawrence, New York. The
Atlantic Beach Bridge is a double-leaf
bascule bridge offering mariners a
vertical clearance of 25 feet at mean
high water and 30 feet at mean low
water in the closed position. Work
platforms installed underneath the
bascule spans have reduced the
available vertical clearance to 21.5 feet
at mean high water in the closed
position and to 26.5 feet at mean low
water in the closed position.
The existing drawbridge regulations
are listed at 33 CFR 117.799(e). The
Nassau County Bridge Authority, the
bridge owner, has requested this
modification as additional time is
required to complete the final
reconstruction and painting of the
bascule leaves.
The Nassau County Bridge Authority
has also requested that the Atlantic
Beach 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, and
receipt of 24 hour advance
confirmation, from 7 a.m. Monday
through 6 p.m. Friday. The bridge will
operate normally and open fully upon
signal on weekends from 6 p.m. Friday
through 7 a.m. Monday.
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Jkt 244001
The bridge generally opens four times
per week for routine passage of towing
vessels with tank barges or dry cargo
barges. The bulk of remaining vessel
traffic is recreational not requiring an
opening in order to proceed through the
draw. 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 an
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 Atlantic Beach Bridge
across Reynolds Channel, mile 0.4, at
Lawrence, New York. The rule is
necessary to accommodate the
completion of bascule leaf
reconstruction and painting. This rule
allows for single-leaf operations upon
signal during the week, Monday through
Friday. Dual lift-span operations will be
provided for vessels requiring such an
opening given 48 hours of advance
notice and provided a 24 hour advance
confirmation. The bridge will operate
normally during weekends.
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
without an opening or with a single-leaf
opening. Vessels requiring dual lift-span
operations during the week may
continue to transit the draw provided
submission of advance notice.
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49105
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
economic impact on any vessel owner
or operator. Commercial mariners
requiring dual lift-span operations
during the week 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).
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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations
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.
pmangrum on DSK3GDR082PROD with RULES
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.
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Jkt 244001
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
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.
2. In § 117.799, effective from 12:01
a.m. on October 24, 2017, through 11:59
p.m. on November 13, 2017, suspend
paragraph (e)(1) and add paragraph
(e)(4) to read as follows:
■
§ 117.799 Long Island, New York Inland
Waterway from East Rockaway Inlet to
Shinnecock Canal.
*
*
*
*
*
(e) * * *
(4) The Atlantic Beach Bridge will
open only one of two bascule spans on
signal for bridge openings from 7 a.m.
Monday through 6 p.m. Friday. Dual
lift-span operations will occur for
vessels requiring such an opening
provided a 48 hour advance notice and
24 hour advance confirmation has been
furnished from 7 a.m. Monday through
6 p.m. Friday. The bridge will open
fully on signal on weekends from 6 p.m.
Friday through 7 a.m. Monday.
*
*
*
*
*
Dated: October 6, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2017–23053 Filed 10–23–17; 8:45 am]
BILLING CODE 9110–04–P
Temporary final rule; request for
comments.
ACTION:
The Coast Guard is
establishing a temporary Regulated
Navigation Area (RNA) for the navigable
waters within 150-yards of the Beals
Island Bridge between Jonesport, ME,
and Beals Island, ME. The RNA is
needed to protect personnel, vessels,
and the marine environment from the
potential hazards created by the
demolition, subsequent removal, and
replacement of the Beals Island Bridge.
This RNA will establish speed and beam
restrictions on vessels transiting the
regulated area during bridge
replacement operations. This rule will
also allow the Coast Guard to prohibit
vessel traffic through the RNA when
necessary.
SUMMARY:
This rule is effective without
actual notice from October 24, 2017
through January 31, 2021. For the
purposes of enforcement, actual notice
will be used from October 15, 2017,
through October 24, 2017.
Comments and related material must
be received by the Coast Guard on or
before January 22, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0890 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Craig Lapiejko, Waterways
Management, First Coast Guard District;
telephone (617) 223–8351, email
Craig.D.Lapiejko@uscg.mil. You may
also call or email Chief Petty Officer
Chris Bains, Waterways Management
Division, U.S. Coast Guard Sector
Northern New England, telephone (207)
347–5003, email Chris.D.Bains@
uscg.mil.
DATES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0890]
RIN 1625–AA11
Regulated Navigation Area; Beals
Island Bridge Replacement, Moosabec
Reach, Jonesport, ME
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00020
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
RNA Regulated Navigation Area
MEDOT Maine Department of
Transportation
II. Background Information and
Regulatory History
On June 27, 2017, the U. S. Coast
Guard District One Bridge Branch
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]]>Agencies
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49104-49106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23053]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0048]
RIN 1625-AA09
Drawbridge Operation Regulation; Reynolds Channel, Lawrence, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Atlantic Beach Bridge across Reynolds Channel, mile 0.4 at
Lawrence, New York. This action is necessary to allow for an unexpected
delay in the reconstruction and painting of the bascule leaves. 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.
DATES: This rule is effective without actual notice from October 24,
2017 until 11:59 p.m. on November 13, 2017. For the purposes of
enforcement, actual notice will be used from 12:01 on October 14, 2017
until October 24, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://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 James M. Moore, Bridge Management Specialist, U.S.
Coast Guard; telephone 202-372-1518, 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 April 6, 2017, we published a temporary deviation entitled,
``Drawbridge Operation Regulation; Atlantic Beach Bridge, Reynolds
Channel, Lawrence, NY'' in the Federal Register (see 82 FR 06735).
Although we did not request public comments, outreach conducted with
mariners utilizing the waterway indicated no objections to the
temporary deviation. No complaints have been submitted during the
current temporary deviation.
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
[[Page 49105]]
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 bascule leaf reconstruction and painting,
additional time is required to finalize and complete the work necessary
to restore the bridge to full operational capacity. We must modify the
operation schedule of the bridge by October 15, 2017 to allow the
completion of bascule leaf reconstruction and painting. Due to the
circumstances of this repair project, 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 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
Atlantic Beach Bridge across Reynolds Channel, mile 0.4, at Lawrence,
New York. The Atlantic Beach Bridge is a double-leaf bascule bridge
offering mariners a vertical clearance of 25 feet at mean high water
and 30 feet at mean low water in the closed position. Work platforms
installed underneath the bascule spans have reduced the available
vertical clearance to 21.5 feet at mean high water in the closed
position and to 26.5 feet at mean low water in the closed position.
The existing drawbridge regulations are listed at 33 CFR
117.799(e). The Nassau County Bridge Authority, the bridge owner, has
requested this modification as additional time is required to complete
the final reconstruction and painting of the bascule leaves.
The Nassau County Bridge Authority has also requested that the
Atlantic Beach 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, and receipt of 24 hour advance
confirmation, from 7 a.m. Monday through 6 p.m. Friday. The bridge will
operate normally and open fully upon signal on weekends from 6 p.m.
Friday through 7 a.m. Monday.
The bridge generally opens four times per week for routine passage
of towing vessels with tank barges or dry cargo barges. The bulk of
remaining vessel traffic is recreational not requiring an opening in
order to proceed through the draw. 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 an 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 Atlantic Beach
Bridge across Reynolds Channel, mile 0.4, at Lawrence, New York. The
rule is necessary to accommodate the completion of bascule leaf
reconstruction and painting. This rule allows for single-leaf
operations upon signal during the week, Monday through Friday. Dual
lift-span operations will be provided for vessels requiring such an
opening given 48 hours of advance notice and provided a 24 hour advance
confirmation. The bridge will operate normally during weekends.
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 without an opening
or with a single-leaf opening. Vessels requiring dual lift-span
operations during the week 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 economic impact on
any vessel owner or operator. Commercial mariners requiring dual lift-
span operations during the week 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).
[[Page 49106]]
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 October 24, 2017,
through 11:59 p.m. on November 13, 2017, suspend paragraph (e)(1) and
add paragraph (e)(4) to read as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(e) * * *
(4) The Atlantic Beach Bridge will open only one of two bascule
spans on signal for bridge openings from 7 a.m. Monday through 6 p.m.
Friday. Dual lift-span operations will occur for vessels requiring such
an opening provided a 48 hour advance notice and 24 hour advance
confirmation has been furnished from 7 a.m. Monday through 6 p.m.
Friday. The bridge will open fully on signal on weekends from 6 p.m.
Friday through 7 a.m. Monday.
* * * * *
Dated: October 6, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-23053 Filed 10-23-17; 8:45 am]
BILLING CODE 9110-04-P
