Drawbridge Operation Regulation; Long Creek, Nassau, NY, 23933-23935 [2020-08803]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Proposed Rules
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
effective September 15, 2019, is
amended as follows:
■
*
*
*
*
Issued in Seattle, Washington, on April 23,
2020.
Shawn M. Kozica,
Group Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2020–09111 Filed 4–29–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2020–0052]
RIN 1625–AA09
Drawbridge Operation Regulation;
Long Creek, Nassau, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY: The Coast Guard proposes to
modify the operating schedule that
governs the Loop Parkway Bridge across
Long Creek, mile 0.7 at Nassau, New
York. The bridge owner, New York State
Department of Transportation
(NYSDOT), submitted a request to
modify bridge openings and expects that
this change to the regulations will better
serve the needs of the community while
continuing to meet the reasonable needs
of navigation.
DATES: Comments and related material
must reach the Coast Guard on or before
June 1, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0052 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
VerDate Sep<11>2014
16:25 Apr 29, 2020
Jkt 250001
mariners with a reliable, consistent time
they can request a bridge opening.
If
you have questions on this proposed
rule, call or email Ms. Stephanie E.
Lopez, First Coast Guard District,
Project Officer, telephone 212–514–
4335, email Stephanie.E.Lopez@
uscg.mil.
III. Discussion of Proposed Rule
The proposed rule provides for
commercial vessels engaged in
commerce, the draw shall open Monday
thru Friday from 6:20 a.m. to 9:50 a.m.
and 3:20 p.m. to 7:20 p.m. on signal at
20 and 50 minutes after the hour, and
on signal at all other times. For all other
vessels, the draw shall open on Monday
thru Friday from 6:20 a.m. to 7:20 a.m.
on signal at 20 and 50 minutes after the
hour, and the draw shall open on
Saturday, Sunday and Federal Holidays
from 7:20 a.m. to 8:20 a.m. on signal at
20 and 50 minutes after the hour, and
on signal at all other times. The reason
for these changes is to minimize
excessive bridge openings which were a
direct cause of accelerated deterioration
of the bridge.
SUPPLEMENTARY INFORMATION:
*
AAL AK E5 Sleetmute, AK [New]
Sleetmute Airport, AK
(Lat. 61°42′02″ N, long. 157°09′57″ W)
That airspace extending upward from 700
feet above the surface within 6 miles of the
Sleetmute Airport, Sleetmute Alaska; and
that airspace 2 miles each side of the 166°
bearing from the airport extending from the
6-mile radius to 19 miles south of the
Sleetmute Airport.
ACTION:
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
23933
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
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Loop Parkway Bridge at mile 0.7,
across Long Creek, Nassau, New York,
has a vertical clearance of 21 feet at
mean high water and 25 at mean low
water. Horizontal clearance is
approximately 75.5 feet. The waterway
users include recreational and
commercial vessels including fishing
vessels.
The existing drawbridge operating
regulations are listed at 33 CFR
117.799(f).
In 2005, the owner of the bridge, New
York State Department of
Transportation, requested a temporary
test deviation for an alternate
drawbridge operation regulation;
however, it was never followed up with
a rulemaking. The bridge owner
assumed since the temporary test
deviation was a success, new signage
reflecting the temporary deviation was
installed and the bridge has been
operating under that temporary test
deviation for the past 15 years. After a
recent construction operation
commenced, the bridge operator began
operating the bridge under the existing
regulation. USCG Sector Long Island
Sound received several complaints from
mariners who were upset the bridge was
no longer operating under the old
temporary test deviation. We have
implemented a new temporary test
deviation for this proposed rule change.
Based on the data that was provided by
the bridge owner, the number of
requested bridge openings has
decreased over the years, while the
vehicular traffic has increased. The
schedule restricts bridge openings
during vehicular rush hours, allowing
openings twice per hour. This schedule
allows less congestion buildup of
vehicular traffic while providing
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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 that vessels can
still transit the bridge given advanced
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.
E:\FR\FM\30APP1.SGM
30APP1
23934
Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Proposed Rules
605(b) that this proposed rule would 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 IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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 section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
jbell on DSKJLSW7X2PROD with PROPOSALS
C. Collection of Information
This proposed rule would call 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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.
VerDate Sep<11>2014
16:25 Apr 29, 2020
Jkt 250001
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
Rev.1, associated implementing
instructions, and Environmental
Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f). The
Coast Guard has determined 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 proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under figure 2–1, paragraph
(32)(e), of the Instruction.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed 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.
V. 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.
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’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 proposes to
amend 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. Revise § 117.799(f) to read as
follows:
■
§ 117.799 Long Island, New York Inland
Waterway from East Rockaway Inlet to
Shinnecock Canal.
*
*
*
*
*
(f) The draw of the Loop Parkway
Bridge across Long Creek, mile 0.7, shall
open for commercial vessels engaged in
commerce, the draw shall open Monday
thru Friday from 6:20 a.m. to 9:50 a.m.
and 3:20 p.m. to 7:20 p.m. on signal at
20 and 50 minutes after the hour, and
on signal at all other times. For all other
vessels, the draw shall open on Monday
thru Friday from 6:20 a.m. to 7:20 p.m.
on signal at 20 and 50 minutes after the
hour, and the draw shall open on
E:\FR\FM\30APP1.SGM
30APP1
Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Proposed Rules
Saturday, Sunday and Federal Holidays
from 7:20 a.m. to 8:20 p.m. on signal at
20 and 50 minutes after the hour, and
on signal at all other times.
*
*
*
*
*
Dated: April 21, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2020–08803 Filed 4–29–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
Background
36 CFR Parts 1 and 13
[NPS–AKRO–29973; PPAKAKROZ5,
PPMPRLE1Y.L00000]
RIN 1024–AE63
National Park Service Jurisdiction in
Alaska
National Park Service, Interior.
Proposed rule.
AGENCY:
jbell on DSKJLSW7X2PROD with PROPOSALS
ACTION:
SUMMARY: This rule would revise
National Park Service regulations to
comply with the decision of the U.S.
Supreme Court in Sturgeon v. Frost. In
the Sturgeon decision, the Court held
that National Park Service regulations
apply exclusively to public lands
(meaning federally owned lands and
waters) within the external boundaries
of National Park System units in Alaska.
Lands which are not federally owned,
including submerged lands under
navigable waters, are not part of the unit
subject to the National Park Service’s
ordinary regulatory authority.
DATES: Comments on the proposed rule
must be received by June 29, 2020.
ADDRESSES: You may submit comments,
identified by Regulation Identifier
Number (RIN) 1024–AE63, by either of
the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov and search for
‘‘1024–AE63’’. Follow the instructions
for submitting comments.
(2) By hard copy: Mail or hand deliver
to: National Park Service, Regional
Director, Alaska Regional Office, 240
West 5th Ave., Anchorage, AK 99501.
Instructions: Comments will not be
accepted by fax, email, or in any way
other than those specified above. All
submissions received must include the
words ‘‘National Park Service’’ or
‘‘NPS’’ and must include the RIN 1024–
AE63 for this rulemaking. Bulk
comments in any format (hard copy or
electronic) submitted on behalf of others
VerDate Sep<11>2014
16:25 Apr 29, 2020
will not be accepted. Comments
received may be posted without change
to www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov and search for
‘‘1024–AE63’’.
FOR FURTHER INFORMATION CONTACT:
Donald Striker, Acting Regional
Director, Alaska Regional Office, 240
West 5th Ave., Anchorage, AK 99501.
Phone (907) 644–3510. Email: AKR_
Regulations@nps.gov.
SUPPLEMENTARY INFORMATION:
Jkt 250001
Sturgeon v. Frost
In March 2019, the U.S. Supreme
Court in Sturgeon v. Frost (139 S. Ct.
1066, March 26, 2019) unanimously
determined the National Park Service’s
(NPS) ordinary regulatory authority over
National Park System units in Alaska
only applies to federally owned ‘‘public
lands’’ (as defined in section 102 of the
Alaska National Interest Lands
Conservation Act, 16 U.S.C. 3102)—and
not to State, Native, or private lands—
irrespective of unit boundaries on a
map. Lands not owned by the federal
government, including submerged lands
beneath navigable waters, are not
deemed to be a part of the unit (slip op.
17). More specifically, the Court held
that the NPS could not enforce a
System-wide regulation prohibiting the
operation of a hovercraft on part of the
Nation River that flows through the
Yukon-Charley Rivers National Preserve
(Preserve). A brief summary of the
factual background and Court opinion
follow, as they are critical to
understanding the purpose of this
proposed rule.
The Preserve is a conservation system
unit established by the 1980 Alaska
National Interest Lands Conservation
Act (ANILCA) and administered by the
NPS as a unit of the National Park
System. The State of Alaska owns the
submerged lands underlying the Nation
River, a navigable waterway. In late
2007, John Sturgeon was using his
hovercraft on the portion of the Nation
River that passes through the Preserve.
NPS law enforcement officers
encountered him and informed him
such use was prohibited within the
boundaries of the Preserve under 36
CFR 2.17(e), which states that ‘‘[t]he
operation or use of a hovercraft is
prohibited.’’ According to NPS
regulations at 36 CFR 1.2(a)(3), this rule
applies to persons within ‘‘[w]aters
subject to the jurisdiction of the United
States located within the boundaries of
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
23935
the National Park System, including
navigable waters’’ without any regard to
ownership of the submerged lands. See
54 U.S.C. 100751(b) (authorizing the
Secretary of the Interior to regulate
‘‘boating and other activities on or
relating to water located within System
units’’).
Mr. Sturgeon disputed that NPS
regulations could apply to his activities
on the Nation River, arguing that the
river is not public land and is therefore
exempt from NPS rules pursuant to
ANILCA section 103(c) (16 U.S.C.
3103(c)), which provides that only the
public lands within the boundaries of a
System unit are part of the unit, and that
State-owned lands are exempt from NPS
regulations, including the hovercraft
rule. Mr. Sturgeon appealed his case
through the federal court system.
In its March 2019 opinion, the Court
agreed with Mr. Sturgeon. The questions
before the Court were: (1) Whether the
Nation River in the Preserve is public
land for the purposes of ANILCA,
making it indisputably subject to NPS
regulation; and (2) if not, whether NPS
has an alternative source of authority to
regulate Mr. Sturgeon’s activities on that
portion of the Nation River. The Court
answered ‘‘no’’ to both questions.
Resolution turned upon several
definitions in ANILCA section 102 and
the aforementioned section 103(c).
Under ANILCA, 16 U.S.C. 3102, ‘‘land’’
means ‘‘lands, waters, and interests
therein’’; ‘‘Federal land’’ means ‘‘lands
the title to which is in the United
States’’; and ‘‘public lands’’ are ‘‘Federal
lands,’’ subject to several statutory
exclusions that were not at issue in the
Sturgeon case. As such, the Court found
‘‘public lands’’ are ‘‘most but not quite
all [lands, waters, and interests therein]
that the Federal Government owns’’
(slip op. 10). The Court held that the
Nation River did not meet the definition
of ‘‘public land’’ because: (1) ‘‘running
waters cannot be owned’’; (2) ‘‘Alaska,
not the United States, has title to the
lands beneath the Nation River’’; and,
(3) federal reserved water rights (‘‘not
the type of property interests to which
title can be held’’) do not ‘‘give the
Government plenary authority over the
waterway’’ (slip op 12–14).
Regarding the second question, the
Court found no alternative basis to
support applying NPS regulations to Mr.
Sturgeon’s activities on the Nation
River, concluding that, pursuant to
ANILCA section 103(c), ‘‘only the
federal property in system units is
subject to the Service’s authority’’ (slip
op. 19). As stated by the Court, ‘‘nonfederally owned waters and lands inside
system units (on a map) are declared
outside them (for the law). So those
E:\FR\FM\30APP1.SGM
30APP1
]]>Agencies
[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Proposed Rules]
[Pages 23933-23935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08803]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0052]
RIN 1625-AA09
Drawbridge Operation Regulation; Long Creek, Nassau, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Loop Parkway Bridge across Long Creek, mile 0.7 at Nassau,
New York. The bridge owner, New York State Department of Transportation
(NYSDOT), submitted a request to modify bridge openings and expects
that this change to the regulations will better serve the needs of the
community while continuing to meet the reasonable needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before June 1, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0052 using Federal eRulemaking Portal at https://www.regulations.gov.
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 proposed
rule, call or email Ms. Stephanie E. Lopez, First Coast Guard District,
Project Officer, telephone 212-514-4335, 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 (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Loop Parkway Bridge at mile 0.7, across Long Creek, Nassau, New
York, has a vertical clearance of 21 feet at mean high water and 25 at
mean low water. Horizontal clearance is approximately 75.5 feet. The
waterway users include recreational and commercial vessels including
fishing vessels.
The existing drawbridge operating regulations are listed at 33 CFR
117.799(f).
In 2005, the owner of the bridge, New York State Department of
Transportation, requested a temporary test deviation for an alternate
drawbridge operation regulation; however, it was never followed up with
a rulemaking. The bridge owner assumed since the temporary test
deviation was a success, new signage reflecting the temporary deviation
was installed and the bridge has been operating under that temporary
test deviation for the past 15 years. After a recent construction
operation commenced, the bridge operator began operating the bridge
under the existing regulation. USCG Sector Long Island Sound received
several complaints from mariners who were upset the bridge was no
longer operating under the old temporary test deviation. We have
implemented a new temporary test deviation for this proposed rule
change. Based on the data that was provided by the bridge owner, the
number of requested bridge openings has decreased over the years, while
the vehicular traffic has increased. The schedule restricts bridge
openings during vehicular rush hours, allowing openings twice per hour.
This schedule allows less congestion buildup of vehicular traffic while
providing mariners with a reliable, consistent time they can request a
bridge opening.
III. Discussion of Proposed Rule
The proposed rule provides for commercial vessels engaged in
commerce, the draw shall open Monday thru Friday from 6:20 a.m. to 9:50
a.m. and 3:20 p.m. to 7:20 p.m. on signal at 20 and 50 minutes after
the hour, and on signal at all other times. For all other vessels, the
draw shall open on Monday thru Friday from 6:20 a.m. to 7:20 a.m. on
signal at 20 and 50 minutes after the hour, and the draw shall open on
Saturday, Sunday and Federal Holidays from 7:20 a.m. to 8:20 a.m. on
signal at 20 and 50 minutes after the hour, and on signal at all other
times. The reason for these changes is to minimize excessive bridge
openings which were a direct cause of accelerated deterioration of the
bridge.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 that
vessels can still transit the bridge given advanced 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.
[[Page 23934]]
605(b) that this proposed rule would 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 IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has determined 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 proposed rule simply promulgates
the operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. 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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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 proposes
to amend 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. Revise Sec. 117.799(f) to read as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East
Rockaway Inlet to Shinnecock Canal.
* * * * *
(f) The draw of the Loop Parkway Bridge across Long Creek, mile
0.7, shall open for commercial vessels engaged in commerce, the draw
shall open Monday thru Friday from 6:20 a.m. to 9:50 a.m. and 3:20 p.m.
to 7:20 p.m. on signal at 20 and 50 minutes after the hour, and on
signal at all other times. For all other vessels, the draw shall open
on Monday thru Friday from 6:20 a.m. to 7:20 p.m. on signal at 20 and
50 minutes after the hour, and the draw shall open on
[[Page 23935]]
Saturday, Sunday and Federal Holidays from 7:20 a.m. to 8:20 p.m. on
signal at 20 and 50 minutes after the hour, and on signal at all other
times.
* * * * *
Dated: April 21, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-08803 Filed 4-29-20; 8:45 am]
BILLING CODE 9110-04-P
