Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 421 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–1132] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Long Island, New York Inland 

Waterway From East Rockaway Inlet to 

Shinnecock Canal, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard has 

temporarily changed the drawbridge 

operation regulations that govern the 

operation of the Smith Point Bridge, 

mile 6.1, across Narrow Bay, between 

Smith Point and Fire Island, New York. 

This temporary final rule is necessary to 

facilitate the completion of a major 

bridge rehabilitation project. 

DATES: This temporary final rule is 

effective from January 5, 2012, through 

May 25, 2012. The rule has been 

enforced with actual notice since 

December 22, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2011– 

1132 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1132 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms Judy Leung-Yee, Project 

Officer, First Coast Guard District Bridge 

Branch, (212) 668–7165, judy.k.leungyee@uscg.mil. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). 

This provision authorizes an agency 

to issue a rule without prior notice and 

opportunity to comment when the 

agency for good cause finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing a notice of proposed 

rulemaking (NPRM) with respect to this 

rule because it would be impracticable 

and contrary to the public interest to 

give prior notice and opportunity for 

comment. As is more fully discussed 

below, the rehabilitation work has 

already begun on this bridge under a 

temporary deviation published on 

September 30, 2011, (76 FR 60733) and 

that work was unexpectedly delayed. 

This rule provides a time extension so 

that the rehabilitation can be completed 

in the shortest possible time frame. 

Without this rule the work would have 

to be suspended thereby delaying the 

ultimate completion date. Further, as 

stated in the temporary deviation this 

waterway is used primarily by 

recreational boaters who can safely pass 

through the reduced horizontal 

clearance caused by this rule, the 

majority of whom do not operate during 

the months when this rule will be in 

effect. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register for the reasons stated above. 

Basis and Purpose 

The Smith Point Bridge across Narrow 

Bay, mile 6.1, between Smith Point and 

Fire Island, New York, has a vertical 

clearance in the closed position of 16 

feet at mean high water and 18 feet at 

mean low water. The drawbridge 

operation regulations are listed at 33 

CFR 117.799(d). 

The waterway users are 

predominantly recreational vessels of 

various sizes. 

On September 30, 2011, the Coast 

Guard published a temporary deviation 

(76 FR 60733) from the regulations 

allowing single span bridge openings 

from September 26, 2011 through 

December 21, 2011, in order to facilitate 

bridge rehabilitation construction at 

Smith Point Bridge. Under the 

temporary deviation the bridge was 

allowed to open only one of the two 

moveable spans for the passage of 

vessels from September 26, 2011, 

through December 21, 2011. 

The bridge owner, Suffolk County 

Department of Public Works, recently 

advised the Coast Guard that the 

cleaning and painting operations 

delayed the structural steel repairs and 

requested an extension of 156 days to 

complete the rehabilitation project 

necessary to allow the bridge to return 

to its full two span operation. The Coast 

Guard expects minimal marine traffic 

transit through this bridge during the 

proposed effective dates of this rule, and 

all vessels known to use this waterway 

can pass through the bridge with a 

single span opening. 

As a result, the Coast Guard is 

publishing this temporary final rule to 

help facilitate completion of the bridge 

rehabilitation before the 2012 boating 

season begins. 

Discussion of Rule 

The Coast Guard is publishing this 

temporary final rule, extending single 

span openings from December 22, 2011 

through May 25, 2012, to help facilitate 

completion of bridge rehabilitation 

repairs. The rehabilitation repairs must 

be completed before the bridge can open 

both spans for the passage of vessel 

traffic for the 2012 boating season. 

The main navigation channel 

provides 55 feet of horizontal clearance 

with unobstructed vertical clearance 

during a bridge opening. 

During this temporary final rule the 

main channel will provide 27.5 feet of 

horizontal clearance with unobstructed 

vertical clearance during a bridge 

opening. 

The Coast Guard believes that this 

temporary final rule should meet the 

reasonable needs of navigation because 

the vessels that normally use this bridge 

are recreational vessels that can safely 

pass through a 27.5 foot horizontal 

clearance due to their relative small 

size. In addition, most of the above 

recreational vessels do not operate 

during the months when this rule will 

be in effect. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 

12866. The Office of Management and 

Budget has not reviewed it under that 

Order. 

The Coast Guard determined that this 

rule is not a significant regulatory action 

for the following reasons. The bridge 

presently cannot open two spans for 

vessel traffic due to the fact that 


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422 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 

rehabilitation repairs have not been 

completed. This action will facilitate 

completion of the bridge repairs. Most 

vessel traffic that uses this waterway 

can fit through the bridge with a single 

span opening. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit the bridge 

that cannot transit through a 27.5 foot 

horizontal clearance. The bridge 

presently cannot open two spans for the 

passage of vessel traffic because the 

rehabilitation repairs are not completed. 

This action will facilitate completion of 

the bridge repairs. Most vessel traffic 

that uses this waterway can fit through 

the bridge with a single span opening. 

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. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 


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Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 423 

■ 2. In Sec. 117.799, paragraph (d) is 

suspended and paragraph (k) is added to 

read as follows: 

§ 117.799 Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal. 

* * * * * 

(k) The draws of the West Bay Bridge, 

mile 0.0, across Quantuck Canal, Beach 

Lane Bridge, mile 1.1, across Quantuck 

Canal, and the Quoque Bridge, mile 1.1, 

across Quoque Canal, shall open on 

signal from October 1 through April 30 

from 8 a.m. to 4 p.m. and from May 1 

through September 30, from 6 a.m. to 10 

p.m. The draw of the Smith Point 

Bridge, mile 6.1, across Narrow Bay, 

need open only one of the two movable 

spans for the passage of vessel traffic 

from December 22, 2011 through May 

25, 2012. The draw shall open on signal 

from December 22 through April 30 

from 8 a.m. to 4 p.m. and from May 1 

through May 25, 6 a.m. through 10 p.m. 

At all other times during these periods, 

the draws shall open as soon as possible 

but no more than one hour after a 

request to open is received. 

Dated: December 21, 2011. 

James B. McPherson, 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District. 

[FR Doc. 2011–33832 Filed 1–4–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–1134] 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway (AIWW), 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the S.R. 74 Bridge across the AIWW, 

mile 283.1, at Wrightsville Beach, NC. 

The deviation restricts the operation of 

the draw span to facilitate the structural 

repair of the bridge. 

DATES: This deviation is effective from 

7 p.m. on January 3, 2012 until 7 a.m. 

on March 15, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket USCG–2011–1134 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–1134 in the ‘‘Keywords’’ box, and 

then clicking ‘‘Search’’. This material is 

also available for inspection or copying 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Bill H. Brazier, Bridge 

Management Specialist, Fifth Coast 

Guard District, telephone (757) 398– 

6422, email Bill.H.Brazier@uscg.mil. If 

you have questions on reviewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: The North 

Carolina Department of Transportation, 

who owns and operates this bascule-lift 

type bridge, has requested a temporary 

deviation from the current operating 

regulations set out in 33 CFR 

117.821(a)(4), to facilitate the structural 

repair of the bridge. 

The S.R. 74 Bridge across the AIWW 

mile 283.1, at Wrightsville Beach, NC 

has a vertical clearance in the closed 

position of 20 feet, above mean high 

water. 

Under the regular operating schedule, 

the drawbridge shall open on signal for 

commercial vessels at all times; and on 

signal for pleasure vessels except 

between 7 a.m. and 7 p.m. when the 

drawbridge need only open on the hour. 

Under this temporary deviation, the 

structural repairs will restrict the 

operation of the draw span to the 

closed-to-navigation position, each day 

from 7 p.m. to 7 a.m., beginning on 

Tuesday, January 3, 2012 and ending on 

Thursday, March 15, 2012; except vessel 

openings will be provided with at least 

two hours advance notice given to the 

bridge operator. Each day between 7 

a.m. and 7 p.m., the drawbridge will 

continue to operate as set out in 33 CFR 

117.821(a). 

Vessels may transit under the 

drawbridge while it is in the closed 

position. The Atlantic Intracoastal 

Waterway serves a variety of vessels 

from tug and barge traffic to recreational 

vessels traveling from Florida to Maine. 

The Coast Guard will inform 

unexpected users of the waterway 

through our local and broadcast Notices 

to Mariners of the limited operating 

schedule for the drawbridge so that 

vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. In 2011, from 

January thru March, 7 p.m. to 7 a.m., 

this draw opened approximately 35 

times per month. The Atlantic Ocean is 

the alternate route for vessels and the 

bridge will be able to open in the event 

of an emergency. 

In accordance with 33 CFR 117.35(e), 

the draw must return to its original 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: December 30 2011. 

W.D. Lee, 

Rear Admiral, District Commander, Fifth 

Coast Guard District. 

[FR Doc. 2012–51 Filed 1–3–12; 4:15 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 


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