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: 

§ 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] 

BILLING CODE 9110–04–P 

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 Stephanie.E.Lopez@

uscg.mil. 

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 

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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Proposed Rules 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, 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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). 

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; 

DHS Delegation No. 00170.1, Revision No. 

01.3. 

■ 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] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2022–0912; FRL–11269– 

01–R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Regional Haze State 

Implementation Plan for the Second 

Implementation Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: 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. 

ADDRESSES: 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 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1