Drawbridge Operation Regulation; Long Creek, Nassau County, NY, 68031-68033 [2023-21753]
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ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules
62. Kaplan, S., ‘‘Trump Administration
Says Some Coronavirus Tests Can Bypass
F.D.A. Scrutiny,’’ New York Times, August
24, 2020. Available at https://
www.nytimes.com/2020/08/21/health/
coronavirus-tests-fda.html.
63. Baumann, J., ‘‘Virus Testing Push
Leaves FDA Lab Oversight in ‘a Bizarre
Limbo,’’’ Bloomberg Law, August 26, 2020.
Available at https://news.bloomberglaw.com/
pharma-and-life-sciences/virus-testing-pushleaves-fda-lab-oversight-in-a-bizarre-limbo.
64. Howard, J., ‘‘HHS Withdraws Trump
Administration Policy That Limited FDA
Review of Certain Covid-19 Tests,’’ CNN,
November 15, 2021. Available at https://
www.cnn.com/2021/11/15/health/covid-labtests-hhs-withdraws-policy-bn/.
65. Fortune, ‘‘Fortune 500—The Largest
Companies in the U.S. by Revenue,’’ 2023.
Available at https://fortune.com/ranking/
fortune500/.
* 66. FDA, ‘‘Compliance Program Guidance
Manual 7341.002; Inspection of Human Cells,
Tissues, and Cellular and Tissue-Based
Products (HCT/Ps).’’ Available at https://
www.fda.gov/media/73949/download.
* 67. FDA, ‘‘Compliance Program Guidance
Manual 7342.002; Inspection of Source
Plasma Establishments, Brokers, Testing
Laboratories, and Contractors,’’ January 31,
2019. Available at https://www.fda.gov/
media/80179/download.
* 68. Government Accountability Office,
‘‘COVID–19: FDA Took Steps to Help Make
Tests Available; Policy for Future Public
Health Emergencies Needed,’’ May 2022.
Available at https://www.gao.gov/assets/gao22-104266.pdf.
* 69. ‘‘It Has Come to Our Attention’’ Letter
to MD Biosciences re: the Zika Virus RNA by
RT–PCR Assay (March 4, 2016). Available at
https://public4.pagefreezer.com/browse/
FDA/22-02-2023T10:21/https://www.fda.gov/
media/96214/download.
* 70. ‘‘It Has Come to Our Attention’’ Letter
to First Diagnostic Corp. re: ATFirst One Step
Zika Antibody Test (March 10, 2016).
Available at https://public4.pagefreezer.com/
content/FDA/04-10-2022T10:19/https://
www.fda.gov/media/96739/download.
* 71. FDA, ‘‘Direct-to-Consumer Tests,’’
December 20, 2019, available at https://
www.fda.gov/medical-devices/in-vitrodiagnostics/direct-consumer-tests (last
accessed on March 9, 2023).
* 72. Untitled Letter to Interleukin
Genetics, Inc. (November 4, 2015). Available
at https://public4.pagefreezer.com/browse/
FDA/22-02-2023T10:21/https://www.fda.gov/
media/94365/download.
* 73. Untitled Letter to Pathway Genomics,
Inc. (September 21, 2015). Available at
https://public4.pagefreezer.com/browse/
FDA/30-12-2022T07:46/https://www.fda.gov/
media/93493/download.
* 74. Transcript of the Molecular and
Clinical Genetics Panel meeting, March 8,
2011. Available at https://wayback.archiveit.org/7993/20170404140959/https://
www.fda.gov/downloads/
AdvisoryCommittees/CommitteesMeeting
Materials/MedicalDevices/MedicalDevices
AdvisoryCommittee/Molecularand
ClinicalGeneticsPanel/UCM249857.pdf.
* 75. Transcript of the Molecular and
Clinical Genetics Panel meeting, March 9,
VerDate Sep<11>2014
18:38 Oct 02, 2023
Jkt 262001
2011. Available at https://wayback.archiveit.org/7993/20170404141000/https:/
www.fda.gov/downloads/Advisory
Committees/CommitteesMeetingMaterials/
MedicalDevices/
MedicalDevicesAdvisoryCommittee/
MolecularandClinicalGeneticsPanel/
UCM249858.pdf.
76. Bradley, P.L., J.S. Dickey, J.D. Levin, et
al., ‘‘Complex Clinical Laboratory Tests Can
Benefit From Design Controls,’’ Health
Affairs Forefront, June 3, 2022. Available at
https://www.healthaffairs.org/do/10.1377/
forefront.20220601.318288.
* 77. FDA, ‘‘510(k) Third Party Review
Program,’’ August 19, 2022. Available at
https://www.fda.gov/medical-devices/
premarket-submissions-selecting-andpreparing-correct-submission/510k-thirdparty-reviewprogram(lastaccessedonSeptember22,2023).
List of Subjects in 21 CFR Part 809
Labeling, Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, FDA proposes to
amend 21 CFR part 809 as follows:
PART 809—IN VITRO DIAGNOSTIC
PRODUCTS FOR HUMAN USE
1. The authority citation for part 809
is revised to read as follows:
■
Authority: 21 U.S.C. 321(h)(1), 331, 351,
352, 360, 360c, 360d, 360e, 360h, 360i, 360j,
371, 372, 374, 381.
2. In § 809.3, revise the last sentence
of paragraph (a) to read as follows:
■
§ 809.3
Definitions.
(a) * * * These products are devices
as defined in section 201(h)(1) of the
Federal Food, Drug, and Cosmetic Act
(the act) and may also be biological
products subject to section 351 of the
Public Health Service Act, including
when the manufacturer of these
products is a laboratory.
*
*
*
*
*
Dated: September 27, 2023.
Robert M. Califf,
Commissioner of Food and Drugs.
[FR Doc. 2023–21662 Filed 9–29–23; 8:45 am]
BILLING CODE 4164–01–P
PO 00000
68031
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0530]
RIN 1625–AA09
Drawbridge Operation Regulation;
Long Creek, Nassau County, NY
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
temporarily modify the operating
schedule that governs the Loop Parkway
Bridge across Long Creek, mile 0.7,
Nassau County, NY. The bridge owner,
New York State Department of
Transportation (NYSDOT), submitted a
request to operate the bridge under
single leaf openings to perform bridge
deck replacement. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
November 2, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0530 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
NYSDOT New York State Department of
Transportation
II. Background, Purpose, and Legal
Basis
The Loop Parkway Bridge across Long
Creek, mile 0.7, Nassau County, NY, has
a vertical clearance of 21 feet at mean
high water and a horizontal clearance of
75.5 feet at mean high water. Waterway
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03OCP1
68032
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules
users include recreational and
commercial vessels, including fishing
vessels.
The existing drawbridge operating
regulations are listed at 33 CFR
117.799(f). NYSDOT is requesting a
temporary rulemaking to operate under
single leaf openings while they perform
bridge deck replacements. NYSDOT has
reached out to local mariners and
notified them of the proposed temporary
rulemaking as well as outlined an
alternate route for larger vessels that
may not be able to make passage under
the bridge with single leaf openings.
III. Discussion of Proposed Rule
The Loop Parkway Bridge will
continue to operate under its regular
operating schedule found in 33 CFR
117.799(f). However, this proposed rule
will allow the bridge to operate under
single leaf openings from September 15,
2023, through May 15, 2024. For vessels
that are too large for single leaf
openings, NYSDOT has set an alternate
route. Vessels that can pass without
requesting a bridge opening may do so.
NYSDOT has reached phase 2 of the
project which requires replacing the
bridge deck. The reason for this request
is to allow the project to progress while
minimizing impact on mariners.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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.
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 proposed rule has not been
designated a ‘‘significant regulatory
action,’’ under section 3(f) of Executive
Order 12866, as amended by Executive
Order 14094 (Modernizing Regulatory
Review). 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 of vessels to still
transit the bridge under singe leaf
openings or may transit through an
alternate route.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
VerDate Sep<11>2014
18:38 Oct 02, 2023
Jkt 262001
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 proposed 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 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
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
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.
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
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ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules
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.
Submitting comments. 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–2023–0530 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.
Viewing material in docket. 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. Also, 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 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.
Personal information. 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:
VerDate Sep<11>2014
18:38 Oct 02, 2023
Jkt 262001
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. Section 117.799 is amended as
follows:
■ a. Stay paragraph (f).
■ b. Add paragraph (j).
The addition reads as follows:
■
§ 117.799 Long Island, New York Inland
Waterway from East Rockaway Inlet to
Shinnecock Canal.
*
*
*
*
*
(j) The draw of the Loop Parkway
Bridge across Long Creek, mile 0.7, shall
operate on single leaf openings until
May 15, 2024. The draw will open for
commercial vessels engaged in
commerce and 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
through 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 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: August 21, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2023–21753 Filed 9–28–23; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0532]
RIN 1625–AA09
Drawbridge Operation Regulation;
Sloop Channel, Nassau County, NY
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
temporarily modify the operating
schedule that governs the Meadowbrook
State Parkway Bridge, mile 12.8, across
Sloop Channel, Nassau County, NY. The
bridge owner, New York State
Department of Transportation
(NYSDOT), submitted a request to
SUMMARY:
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
68033
operate the bridge under single leaf
openings to perform bridge deck
replacement. We invite your comments
on this proposed rulemaking.
DATES: Comments and relate material
must reach the Coast Guard on or before
November 2, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0532 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 Stephanie.E.Lopez@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations [Delete/Add
Any Abbreviations Not Used/Used in
This Document]
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
NYSDOT New York State Department of
Transportation
II. Background, Purpose and Legal
Basis
The Meadowbrook State Parkway
Bridge across Sloop Channel, mile 12.8,
Nassau County, NY, has a vertical
clearance of 21 feet at mean high water
and a horizontal clearance of 75.5 feet
at mean high water. Waterway users
include recreational and commercial
vessels, including fishing vessels.
The existing drawbridge operating
regulations are listed at 33 CFR
117.799(h). NYSDOT is requesting a
temporary rulemaking to operate under
single leaf openings while they perform
bridge deck replacements. NYSDOT has
reached out to local mariners and
notified them of the proposed temporary
rulemaking as well as outlined an
alternate route for larger vessels that
may not be able to make passage under
the bridge with single leaf openings.
III. Discussion of Proposed Rule
The Meadowbrook State Parkway
Bridge will continue to operate under its
regular operating schedule found in 33
CFR 117.799(f). However, this proposed
rule when made final would allow the
E:\FR\FM\03OCP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Proposed Rules]
[Pages 68031-68033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21753]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0530]
RIN 1625-AA09
Drawbridge Operation Regulation; Long Creek, Nassau County, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Loop Parkway Bridge across Long Creek, mile
0.7, Nassau County, NY. The bridge owner, New York State Department of
Transportation (NYSDOT), submitted a request to operate the bridge
under single leaf openings to perform bridge deck replacement. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before November 2, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0530 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
NYSDOT New York State Department of Transportation
II. Background, Purpose, and Legal Basis
The Loop Parkway Bridge across Long Creek, mile 0.7, Nassau County,
NY, has a vertical clearance of 21 feet at mean high water and a
horizontal clearance of 75.5 feet at mean high water. Waterway
[[Page 68032]]
users include recreational and commercial vessels, including fishing
vessels.
The existing drawbridge operating regulations are listed at 33 CFR
117.799(f). NYSDOT is requesting a temporary rulemaking to operate
under single leaf openings while they perform bridge deck replacements.
NYSDOT has reached out to local mariners and notified them of the
proposed temporary rulemaking as well as outlined an alternate route
for larger vessels that may not be able to make passage under the
bridge with single leaf openings.
III. Discussion of Proposed Rule
The Loop Parkway Bridge will continue to operate under its regular
operating schedule found in 33 CFR 117.799(f). However, this proposed
rule will allow the bridge to operate under single leaf openings from
September 15, 2023, through May 15, 2024. For vessels that are too
large for single leaf openings, NYSDOT has set an alternate route.
Vessels that can pass without requesting a bridge opening may do so.
NYSDOT has reached phase 2 of the project which requires replacing the
bridge deck. The reason for this request is to allow the project to
progress while minimizing impact on mariners.
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.
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 proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). 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 of
vessels to still transit the bridge under singe leaf openings or may
transit through an alternate route.
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 proposed 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 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 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 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material
[[Page 68033]]
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.
Submitting comments. 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-2023-0530 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.
Viewing material in docket. 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. Also, 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 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.
Personal information. 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
0
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.
0
2. Section 117.799 is amended as follows:
0
a. Stay paragraph (f).
0
b. Add paragraph (j).
The addition reads as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(j) The draw of the Loop Parkway Bridge across Long Creek, mile
0.7, shall operate on single leaf openings until May 15, 2024. The draw
will open for commercial vessels engaged in commerce and 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
through 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 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: August 21, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-21753 Filed 9-28-23; 4:15 pm]
BILLING CODE 9110-04-P
