Drawbridge Operation Regulation; Reynolds Channel, Atlantic Beach, NY, 58176-58178 [2023-18322]
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58176
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
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 of any
posting or updates to the docket.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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;
and DHS Delegation No. 00170.1, Revision
No. 01.3.
■
2. Revise § 117.209 to read as follows:
ddrumheller on DSK120RN23PROD with PROPOSALS1
§ 117.209
Mianus
The draw of the Metro-North (Cos
Cob) bridge, mile 1.0 at Greenwich, will
operate as follows:
(a) The draw will open on signal
between 4:30 a.m. and 9 p.m. after at
least a two-hour advance notice is given;
except that, from 5:45 a.m. through 9:45
a.m. and from 4 p.m. through 8 p.m.,
Monday through Friday excluding
holidays, the draw need not open for the
passage of vessel traffic unless an
emergency exists.
(b) From 9 p.m. through 4:30 a.m. the
draw will open on signal after at least
a four-hour advance notice is given.
(c) A delay in opening the draw not
to exceed 10 minutes may occur when
a train scheduled to cross the bridge
without stopping has entered the
drawbridge lock.
(d) Requests for bridge openings may
be made by calling the bridge via marine
radio VHF FM Channel 13 or the
telephone number posted at the bridge.
Dated: August 20, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2023–18323 Filed 8–24–23; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0854]
RIN 1625–AA09
Drawbridge Operation Regulation;
Reynolds Channel, Atlantic Beach, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Atlantic Beach Bridge
across the Reynolds Channel, mile 0.4,
at Atlantic Beach, NY. The bridge
owner, Nassau County Bridge Authority,
submitted a request on September 22,
2022 to modify the regulation to
decrease the amount of openings on
signal from October through May. It is
expected that this change to the
regulations will better serve the needs of
the community while continuing to
meet the reasonable needs of navigation.
We invite your comments on this
proposed rulemaking.
DATES: Comments and relate material
must reach the Coast Guard on or before
September 25, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0854 using Federal Decision
Making 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.
SUMMARY:
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.
FOR FURTHER INFORMATION CONTACT:
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)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Atlantic Beach Bridge at mile 0.4,
across Reynolds Channel, Atlantic
Beach, NY, has a vertical clearance of 25
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Frm 00063
Fmt 4702
Sfmt 4702
feet at mean high water and a horizontal
clearance of 125 feet. Waterway users
include recreational and commercial
vessels, including fishing vessels.
The existing drawbridge operating
regulations are listed at 33 CFR
117.799(e). Under the current
regulation, the bridge shall open on
signal from October 1 through May 14.
Nassau County is requesting the bridge
shall open on signal from 8 a.m. to
midnight October 1 through May 14;
and from midnight to 8 a.m. year-round
the draw shall open on signal if at least
eight hours advance notice is given.
The Reynolds Channel is transited by
recreational vessels and commercial
vessels. In recent years, a significant
amount of industrial and commercial
business has closed along the
waterfront. This change has caused a
decrease in the amount of bridge
opening requests from midnight to 8
a.m.
Nassau County Bridge Authority held
two public meetings on August 18, 2022
and August 25, 2022. No one from the
public attended.
III. Discussion of Proposed Rule
The proposed rule provides the draw
to open on signal from 8 a.m. to
midnight October 1 through May 14;
and from midnight to 8 a.m. year-round
the draw shall open on signal if at least
eight hours notice is given. The reason
for these changes is to reduce openings
on signal during off peak hours due to
a significant reduction of commercial
business on the waterway.
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 we discuss
First Amendment rights of protestors to
the end of Executive order.
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.
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).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advanced
notice.
E:\FR\FM\25AUP1.SGM
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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules
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 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 rulemaking 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 rulemaking 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
rulemaking 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.).
ddrumheller on DSK120RN23PROD with PROPOSALS1
D. Federalism and Indian Tribal
Governments
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
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17:46 Aug 24, 2023
Jkt 259001
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 that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
promulgates the operating regulations or
procedures for drawbridges. Normally
such actions are categorically excluded
from further review, under paragraph
L49, of Chapter 3, Table 3–1 of the U.S.
Coast Guard Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this
proposed rule. We seek any comments
or information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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58177
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 Decision
Making Portal at https://
www.regulations.gov. To do so, go to
https://www.regulations.gov, type
USCG–2022–0854 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. 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.
To view documents mentioned in this
proposed rule as being available in the
docket, find the docket as described in
the previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Additionally, if you click on the’’
Dockets’’ tab and then the proposed
rule, you should see a ‘‘Subscribe’’
option for email alerts. Selecting this
option will enable notifications when
comments are posted, or if/when a final
rule is published.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
E:\FR\FM\25AUP1.SGM
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58178
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 33 CFR Part 117
[EPA–R03–OAR–2022–0912; FRL–11269–
01–R3]
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Regional Haze State
Implementation Plan for the Second
Implementation Period
Part 117—Drawbridge Operation
Regulations
AGENCY:
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
1. The authority citation for part 117
continues to read as follows:
■
2. Revise § 117.799(e) to read as
follows:
■
§ 117.799 Long Island, New York Inland
Waterway from East Rockaway Inlet to
Shinnecock Canal.
*
*
*
*
*
(e) The draw of the Atlantic Beach
Bridge across Reynolds Channel, mile
0.4, shall operate as follows:
(1) From October 1 through May 14
the draw shall open on signal from 8
a.m. to midnight.
(2) From midnight to 8 a.m. yearround, the draw shall open on signal if
at least eight hours notice is given.
(3) From May 15 through September
30, except that it need be opened only
on the hour and half-hour from 4 p.m.
to 7 p.m. on weekdays and from 11 a.m.
to 9 p.m. on Saturdays, Sundays,
Memorial Day, Independence Day, and
Labor Day.
(4) From May 15 through September
30, from two hours before to one hour
after predicted high tide. Predicted high
tide occurs 10 minutes earlier than that
predicted for Sandy Hook, as given in
the tide table published by the National
Oceanic and Atmospheric
Administration.
*
*
*
*
*
Dated: August 20, 2023.
J. W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2023–18322 Filed 8–24–23; 8:45 am]
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The Environmental Protection
Agency (EPA) is proposing to approve
the regional haze state implementation
plan (SIP) revision submitted by the
State of Maryland on February 8, 2022,
as satisfying applicable requirements
under the Clean Air Act (CAA) and
EPA’s Regional Haze Rule for the
program’s second implementation
period. Maryland’s SIP submission
addresses the requirement that states
must periodically revise their long-term
strategies for making reasonable
progress towards the national goal of
preventing any future, and remedying
any existing, anthropogenic impairment
of visibility, including regional haze, in
mandatory Class I Federal areas. The
SIP submission also addresses other
applicable requirements for the second
implementation period of the regional
haze program. The EPA is taking this
action pursuant to sections 110 and
169A of the Clean Air Act.
DATES: Written comments must be
received on or before September 25,
2023.
SUMMARY:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 00170.1, Revision No.
01.3.
ddrumheller on DSK120RN23PROD with PROPOSALS1
40 CFR Part 52
Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2022–0912 at
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
ADDRESSES:
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submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Adam Yarina, U.S. Environmental
Protection Agency, Region 3, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103–2852, at (215) 814–
2108, or by email at yarina.Adam@
epa.gov.
Table of Contents
I. What action is the EPA proposing?
II. Background and Requirements for
Regional Haze Plans
A. Regional Haze Background
B. Roles of Agencies in Addressing
Regional Haze
III. Requirements for Regional Haze Plans for
the Second Implementation Period
A. Identification of Class I Areas
B. Calculations of Baseline, Current, and
Natural Visibility Conditions; Progress to
Date; and the Uniform Rate of Progress
C. Long-Term Strategy for Regional Haze
D. Reasonable Progress Goals
E. Monitoring Strategy and Other State
Implementation Plan Requirements
F. Requirements for Periodic Reports
Describing Progress Towards the
Reasonable Progress Goals
G. Requirements for State and Federal
Land Manager Coordination
IV. EPA’s Evaluation of Maryland’s Regional
Haze Submission for the Second
Implementation Period
A. Background on Maryland’s First
Implementation Period SIP Submission
B. Maryland’s Second Implementation
Period SIP Submission and the EPA’s
Evaluation
C. Identification of Class I Areas
D. Calculations of Baseline, Current, and
Natural Visibility Conditions; Progress to
Date; and the Uniform Rate of Progress
E. Long-Term Strategy for Regional Haze
F. Reasonable Progress Goals
G. Monitoring Strategy and Other
Implementation Plan Requirements
H. Requirements for Periodic Reports
Describing Progress Towards the
Reasonable Progress Goals
I. Requirements for State and Federal Land
Manager Coordination
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
On February 8, 2022, the Maryland
Department of the Environment (MDE)
submitted a revision to its SIP to
address regional haze for the second
implementation period. MDE made this
SIP submission to satisfy the
requirements of the CAA’s regional haze
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Agencies
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Proposed Rules]
[Pages 58176-58178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18322]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0854]
RIN 1625-AA09
Drawbridge Operation Regulation; Reynolds Channel, Atlantic
Beach, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Atlantic Beach Bridge across the Reynolds Channel, mile
0.4, at Atlantic Beach, NY. The bridge owner, Nassau County Bridge
Authority, submitted a request on September 22, 2022 to modify the
regulation to decrease the amount of openings on signal from October
through May. It is expected that this change to the regulations will
better serve the needs of the community while continuing to meet the
reasonable needs of navigation. We invite your comments on this
proposed rulemaking.
DATES: Comments and relate material must reach the Coast Guard on or
before September 25, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0854 using Federal Decision Making 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 Atlantic Beach Bridge at mile 0.4, across Reynolds Channel,
Atlantic Beach, NY, has a vertical clearance of 25 feet at mean high
water and a horizontal clearance of 125 feet. Waterway users include
recreational and commercial vessels, including fishing vessels.
The existing drawbridge operating regulations are listed at 33 CFR
117.799(e). Under the current regulation, the bridge shall open on
signal from October 1 through May 14. Nassau County is requesting the
bridge shall open on signal from 8 a.m. to midnight October 1 through
May 14; and from midnight to 8 a.m. year-round the draw shall open on
signal if at least eight hours advance notice is given.
The Reynolds Channel is transited by recreational vessels and
commercial vessels. In recent years, a significant amount of industrial
and commercial business has closed along the waterfront. This change
has caused a decrease in the amount of bridge opening requests from
midnight to 8 a.m.
Nassau County Bridge Authority held two public meetings on August
18, 2022 and August 25, 2022. No one from the public attended.
III. Discussion of Proposed Rule
The proposed rule provides the draw to open on signal from 8 a.m.
to midnight October 1 through May 14; and from midnight to 8 a.m. year-
round the draw shall open on signal if at least eight hours notice is
given. The reason for these changes is to reduce openings on signal
during off peak hours due to a significant reduction of commercial
business on the waterway.
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 we discuss First Amendment rights
of protestors to the end of Executive order.
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. 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).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.
[[Page 58177]]
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
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 rulemaking 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 rulemaking 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 rulemaking 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 Governments
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 that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this proposed 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 Decision
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0854 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. 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.
To view documents mentioned in this proposed rule as being
available in the docket, find the docket as described in the previous
paragraph, and then select ``Supporting & Related Material'' in the
Document Type column. Public comments will also be placed in our online
docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the proposed rule. We may choose not to post off-topic,
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you click on the'' Dockets'' tab and then the proposed rule, you should
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We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and
[[Page 58178]]
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
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; DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. Revise Sec. 117.799(e) to read as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(e) The draw of the Atlantic Beach Bridge across Reynolds Channel,
mile 0.4, shall operate as follows:
(1) From October 1 through May 14 the draw shall open on signal
from 8 a.m. to midnight.
(2) From midnight to 8 a.m. year-round, the draw shall open on
signal if at least eight hours notice is given.
(3) From May 15 through September 30, except that it need be opened
only on the hour and half-hour from 4 p.m. to 7 p.m. on weekdays and
from 11 a.m. to 9 p.m. on Saturdays, Sundays, Memorial Day,
Independence Day, and Labor Day.
(4) From May 15 through September 30, from two hours before to one
hour after predicted high tide. Predicted high tide occurs 10 minutes
earlier than that predicted for Sandy Hook, as given in the tide table
published by the National Oceanic and Atmospheric Administration.
* * * * *
Dated: August 20, 2023.
J. W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-18322 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P