Drawbridge Operation Regulation; Jamaica Bay, Queens, NY, 57674-57676 [2017-26431]

Download as PDF 57674 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations Paperwork Reduction Act This rule does not contain information collection requirements that require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Regulatory Flexibility Act The Department of the Interior certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), of the Small Business Regulatory Enforcement Fairness Act. This rule: a. Does not have an annual effect on the economy of $100 million. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. based enterprises to compete with foreign-based enterprises. This determination is based upon the fact that the State submittal which is the subject of this rule is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rule. Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the federal regulation did not impose an unfunded mandate. List of Subjects in 30 CFR Part 950 Intergovernmental relations, Surface mining, Underground mining. Dated: September 19, 2017. David Berry, Regional Director, Western Region. For the reasons set out in the preamble, 30 CFR part 950 is amended as set forth below: PART 950—WYOMING 1. The authority citation for part 950 continues to read as follows: ■ Authority: 30 U.S.C. 1201 et seq. 2. Section 950.15 is amended in the table by adding a new entry in chronological order by ‘‘Date of Final Publication’’ to read as follows: ■ § 950.15 Approval of Wyoming regulatory program amendments. * * * * * Original amendment submission date Date of final publication Citation/description * 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] 3. Section 950.16 is amended by removing and reserving paragraphs (p) and (u). ■ [FR Doc. 2017–26432 Filed 12–6–17; 8:45 am] Pmangrum on DSK3GDR082PROD with RULES BILLING CODE 4310–05–P 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 Coast Guard, DHS. Temporary interim rule with request for comments. AGENCY: ACTION: VerDate Sep<11>2014 17:38 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 SUMMARY: E:\FR\FM\07DER1.SGM 07DER1 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations regulations do not allow back-to-back deviations. 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. DATES: If you have questions on this temporary final rule, call or email Judy K. LeungYee, Bridge Management Specialist, U.S. Coast Guard; telephone 212–514– 4336, email Judy.K.Leung-Yee@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code Pmangrum on DSK3GDR082PROD with RULES 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. VerDate Sep<11>2014 17:38 Dec 06, 2017 Jkt 244001 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 57675 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 E:\FR\FM\07DER1.SGM 07DER1 57676 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations 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. Pmangrum on DSK3GDR082PROD with RULES 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, VerDate Sep<11>2014 13:34 Dec 06, 2017 Jkt 244001 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 9990 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 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 § 117.795, 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: ■ § 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 E:\FR\FM\07DER1.SGM 07DER1

Agencies

[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Rules and Regulations]
[Pages 57674-57676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
Judy.K.Leung-Yee@uscg.mil.

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