22492 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 

longitude 117°53′26.2′′ W.; thence to 

latitude 33°36′32.6′′ N., longitude 

117°53′33.8′′ W.; thence to latitude 

33°36′32.4′′ N., longitude 117°53′36.7′′ 

W.; thence to latitude 33°36′31.7′′ N., 

longitude 117°53′40.9′′ W.; thence to 

33°36′31.7′′ N., longitude 117°53′46.3′′ 

W.; thence to latitude 33°36′32.6′′ N., 

longitude 117°53′50.9′′ W.; returning to 

latitude 33°36′ 32.7′′ N., longitude 

117°53′56.6′′ W. 

(e) Area A–5. The entire water area 

within beginning at latitude 33°36′29.1′′ 

N., longitude 117°54′55.3′′ W.; thence to 

latitude 33°36′27.8′′ N., longitude 

117°54′55.8′′ W.; thence to latitude 

33°36′24.1′′ N., longitude 117°54′41.8′′ 

W.; thence to latitude 33°36′26.7′′ N., 

longitude 117°54′40.8′′ W.; thence to 

latitude 33°36′26.7′′ N., longitude 

117°54′46.3′′ W.; returning to latitude 

33°36′29.1′′ N., longitude 117°54′55.3′′ 

W. 

(f) Area A–6. The entire water area 

within beginning at latitude 33°36′43.3′′ 

N., longitude 117°54′26.4′′ W.; thence to 

latitude 33°36′51.7′′ N., longitude 

117°54′22.8′′ W.; thence to latitude 

33°36′51.4′′ N., longitude 117°54′21.5′′ 

W.; thence to latitude 33°36′42.9′′ N., 

longitude 117°54′25.2′′ W.; returning to 

latitude 33°36′43.3′′ N., longitude 

117°54′26.4′′ W. 

(g) Area A–7. The entire water area 

within beginning at latitude 33°36′32.1′′ 

N., longitude 117°55′12.5′′ W.; thence to 

latitude 33°36′37.7′′ N., longitude 

117°55′11.0′′ W.; thence to latitude 

33°36′35.1′′ N., longitude 117°55′01.3′′ 

W.; thence to latitude 33°36′30.4′′ N., 

longitude 117°55′02.6′′ W.; thence to 

latitude 33°36′31.2′′ N., longitude 

117°55′06.7′′ W.; returning to latitude 

33°36′32.1′′ N., longitude 117°55′12.5′′ 

W. 

(h) Area A–8. The entire water area 

within beginning at latitude 33°36′34.2′′ 

N., longitude 117°55′27.3′′ W.; thence to 

latitude 33°36′36.2′′ N., longitude 

117°55′26.7′′ W.; thence to latitude 

33°36′39.5′′ N., longitude 117°55′20.9′′ 

W.; thence to latitude 33°36′38.9′′ N., 

longitude 117°55′15.4′′ W.; thence to 

latitude 33°36′37.9′′ N., longitude 

117°55′11.7′′ W.; thence to latitude 

33°36′32.1′′ N., longitude 117°55′13.3′′ 

W.; returning to latitude 33°36′34.2′′ N., 

longitude 117°55′27.3′′ W. 

(i) Area A–9. The entire water area 

within beginning at latitude 33°36′53.5′′ 

N., longitude 117°55′28.2′′ W.; thence to 

latitude 33°36′54.0′′ N., longitude 

117°55′27.0′′ W.; thence to latitude 

33°36′43.4′′ N., longitude 117°55′20.4′′ 

W.; thence to latitude 33°36′42.9′′ N., 

longitude 117°55′21.6′′ W.; returning to 

latitude 33°36′53.5′′ N., longitude 

117°55′28.2′′ W. 

(j) Area A–10. The entire water area 

within beginning at latitude 33°36′07.4′′ 

N., longitude 117°53′19.2′′ W.; thence to 

latitude 33°36′14.2′′ N., longitude 

117°53′19.4′′ W.; thence to latitude 

33°36′14.2′′ N., longitude 117°53′06.9′′ 

W.; thence to latitude 33°36′08.1′′ N., 

longitude 117°53′04.9′′ W.; thence to 

latitude 33°36′06.5′′ N., longitude 

117°53′08.9′′ W.; thence to latitude 

33°36′06.5′′ N., longitude 117°53′16.3′′ 

W.; returning to latitude 33°36′07.4′′ N., 

longitude 117°53′19.2′′ W. 

(k) Area A–11. The entire water area 

within beginning at latitude 33°36′04.7′′ 

N., longitude 117°53′01.9′′ W.; thence to 

latitude 33°36′06.1′′ N., longitude 

117°53′00.5′′ W.; thence to latitude 

33°36′06.2′′ N., longitude 117°52′59.0′′ 

W.; thence to latitude 33°35′59.4′′ N., 

longitude 117°52′51.1′′ W.; thence to 

latitude 33°35′57.5′′ N., longitude 

117°52′50.9′′ W.; thence to latitude 

33°36′01.9′′ N., longitude 117°52′57.3′′ 

W.; thence to latitude 33°36′03.0′′ N., 

longitude 117°53′00.4′′ W.; returning to 

latitude 33°36′04.7′′ N., longitude 

117°53′01.9′′ W. 

(l) Area A–12. The entire water area 

within beginning at latitude 33°36′27.9′′ 

N., longitude 117°54′40.4′′ W.; thence to 

latitude 33°36′23.9′′ N., longitude 

117°54′41.8′′ W.; thence to latitude 

33°36′20.8′′ N., longitude 117°54′29.9′′ 

W.; thence to latitude 33°36′28.5′′ N., 

longitude 117°54′20.2′′ W.; returning to 

latitude 33°36′27.9′′ N., longitude 

117°54′40.4′′ W. 

(m) Area B–1. The entire water area 

within beginning at latitude 33°36′35.1′′ 

N., longitude 117°54′28.8′′ W.; thence to 

latitude 33°36′32.1′′ N., longitude 

117°54′22.1′′ W.; thence to latitude 

33°36′30.6′′ N., longitude 117°54′22.8′′ 

W; thence to latitude 33°36′30.5′′ N., 

longitude 117°54′30.9′′ W.; returning to 

latitude 33°36′35.1′′ N., longitude 

117°54′28.8′′ W. 

Note to § 110.95: These anchorage 

areas are reserved for recreational and 

other small craft. Local law, including 

the City of Newport Beach Municipal 

Code 17.25.020, may provide for fore 

and aft moorings for recreational and 

small craft of such size and alignment 

as permitted by the harbor master. 

■ 3. Remove § 110.212. 

Dated: April 1, 2012. 

J.R. Castillo, 

Rear Admiral, U.S. Coast Guard, District 

Eleven Commander. 

[FR Doc. 2012–9006 Filed 4–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0144] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

temporarily changing the drawbridge 

operating regulations governing the 

operation of the Atlantic Beach Bridge, 

mile 0.4, across Reynolds Channel at 

Lawrence, New York. The owner of the 

bridge has requested a temporary 

change to the regulations to facilitate 

major rehabilitation at the bridge. It is 

expected that this temporary change to 

the regulations will help facilitate the 

bridge rehabilitation. This interim rule 

is intended to better meet the present 

needs of navigation by allowing the 

bridge rehabilitation repairs to continue 

on schedule while providing the public 

the opportunity to submit comments. 

DATES: This interim rule is effective 

from April 23, 2012 through May 15, 

2013. Comments and related material 

must reach the Coast Guard on or before 

May 15, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0144 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. 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 interim rule, 


emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 22493 

call or email Ms. Judy Leung-Yee, the 

Coast Guard Project Officer; telephone 

212–668–7165, email judy.k.leung-yee@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http://www.

regulations.gov and will include any 

personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0144), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. If you submit a comment 

online via http://www.regulations.gov, it 

will be considered received by the Coast 

Guard when you successfully transmit 

the comment. If you fax, hand deliver, 

or mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a phone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov and click on 

the ‘‘submit a comment’’ box, which 

will then become highlighted in blue. In 

the ‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2012–0144’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and click on 

the ‘‘read comments’’ box, which will 

then become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0144’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting, but you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why one would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

interim 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 

sufficient time to promulgate a notice of 

proposed rulemaking with a comment 

period and then a final rule would 

result in the temporary final rule not 

going into effect until July 2012, which 

would then impact two boating seasons 

instead of just one, and delay of the 

bridge rehabilitation would result in 

significant additional taxpayer expense. 

We received the bridge owner’s 

request for deviation on February 9, 

2012. The bridge owner mistakenly 

believed they were required to provide 

only 30 days notice to the Coast Guard 

to implement the temporary regulation 

change. 

The Coast Guard normally requires 30 

days advance notice for temporary 

deviations from the drawbridge 

operation regulations of less than 180 

days in total duration. 

In this case, the total time the 

regulations will be temporarily changed 

exceeds 180 days, which requires at 

least 90 days notice in order to allow 

sufficient time for the Coast Guard to 

promulgate a notice of proposed 

rulemaking with a comment period and 

a final rule. 

Failure to commence the 

rehabilitation project on April 23, 2012 

will cause a significant delay to this 

project. The bridge rehabilitation repairs 

scheduled to commence April 23, 2012, 

include the removal and replacement of 

the following: The primary and 

secondary gear drive motors, brakes, 

shafts, couplings, bearings, lubrication 

lines, span lock motors, span lock 

reducers, span lock guides, receiver 

bushings, electrical bridge controls, 

bridge power and lighting, motor 

control center, navigation lighting, and 

electrical conduits and wiring. 

The contractor has arranged for 

personnel and equipment to be available 

between April 2012 and May 2013 to 

conduct the bridge rehabilitation 

repairs. Should the project not 

commence on April 23, 2012, a 

significant financial loss to the bridge 

owner and taxpayers would result, and 

this bridge rehabilitation project would 

continue into a second recreational 

boating season further impacting marine 

interests. 

As a result of the information above, 

the Coast Guard believes that delaying 

this bridge repair project would be 

contrary to the best interest of the 

general public and the marine 

transportation system that transit 

Reynolds Channel. 

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

Guard finds good cause exists, for the 

reasons discussed above, for making this 

rule effective less than 30 days after 

publication in the Federal Register. 

Basis and Purpose 

The Atlantic Beach Bridge, mile 0.4, 

across Reynolds Channel at Lawrence, 

New York, has a vertical clearance in 

the closed position of 25 feet at mean 

high water and 30 feet at mean low 

water. The drawbridge operation 


emcdonald on DSK29S0YB1PROD with RULES
22494 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 

regulations are listed at 33 CFR 

117.799(e). 

The existing drawbridge operation 

regulations require the draw to open on 

signal October 1 through May 14. From 

May 15 through September 30 the draw 

shall open on signal, except that it need 

only open 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 Saturday and 

Sunday, Memorial Day, Independence 

Day, and Labor Day. 

The Coast Guard received a request 

from the owner of the bridge, Nassau 

County, asking permission to 

temporarily change the drawbridge 

operation regulations to help facilitate 

major rehabilitation at the bridge. 

During the bridge rehabilitation 

project only one of the two movable 

spans will be raised for the passage of 

vessel traffic when work is underway. 

In order to facilitate the extensive 

rehabilitation required at the bridge, 

scheduled bridge openings will be 

necessary from April 23, 2012 through 

May 15, 2013. 

The horizontal clearance of the 

navigable channel is 125 feet when both 

spans are opened. A horizontal 

clearance of 62.5 feet, available during 

single span openings, is expected to be 

sufficient for the anticipated vessel 

traffic transiting the bridge during the 

bridge rehabilitation period. 

The owner of the bridge and the Coast 

Guard coordinated and discussed this 

rehabilitation project and the necessary 

temporary changes to the drawbridge 

regulations with the commercial and 

recreational waterway users that 

normally transit the bridge. Users of the 

waterway consist of oil barges and tugs 

as well as power and sail recreational 

craft. No objections were raised. 

As a result of the above coordination, 

the drawbridge regulations will be 

temporarily changed from April 23, 

2012 through May 15, 2013, to facilitate 

the bridge repairs. Based on our 

coordination with the waterway users it 

is expected that this action will meet the 

reasonable needs of navigation. 

Because the temporary change to the 

operating schedule of the drawbridge 

will be greater than 180 days, we are 

issuing a temporary interim rule 

requesting public comment in order to 

both facilitate completion of the bridge 

rehabilitation and to have the public 

participate in the rulemaking process. 

Discussion of Proposed Rule 

The Coast Guard proposes to 

temporarily suspend 33 CFR 117.799(e) 

and add a temporary paragraph (k) from 

April 23, 2012 through May 15, 2013, to 

read as follows: 

From April 23, 2012 through 

September 30, 2012, except for the 

closure period identified in the 

following paragraph, from Monday 

through Friday the Atlantic Beach 

Bridge, mile 0.4, across Reynolds 

Channel, may operate a single span 

every two hours on the even hour 

between 6 a.m. and 8 p.m. and on signal 

between 8 p.m. and 6 a.m. On weekends 

and holidays the bridge shall open both 

spans every hour on the hour from 

Friday at 8 p.m. through Monday at 

6 a.m. 

From July 23, 2012 through July 30, 

2012, the bridge may remain in the 

closed position between 12 a.m. and 

5 a.m., daily. 

From October 1, 2012 through May 

15, 2013, the bridge shall operate a 

single span, Monday through Sunday, at 

6 a.m., 12 p.m., 4 p.m., and 8 p.m. 

Between 8 p.m. and 6 a.m. the bridge 

will operate a single span on signal. 

During the above time period the bridge 

will open both spans for commercial 

vessel traffic at all times after at least a 

48 hour advance notice is given. 

Regulatory Analysis 

We developed this interim rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis 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 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 

because the bridge will continue to open 

on a set schedule that was discussed 

with the waterway users in advance and 

no objections were received. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule will 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 

section 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 between April 23, 2012 and 

May 15, 2013. The bridge will open on 

a set schedule that was discussed with 

the waterway users in advance and no 

objections were received. 

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), 

we want to assist small entities in 

understanding this interim final rule so 

that they can better evaluate its effects 

on them and participate in the 

rulemaking. If the rule will affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

Commander (dpb), First Coast Guard 

District Bridge Branch, One South 

Street, New York, NY 10004. The 

telephone number is (212) 668–7165. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this interim rule or any 

policy or action of the Coast Guard. 

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 


emcdonald on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 22495 

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 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 affect 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 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. 

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 interim 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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this interim rule. 

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 is amending 

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(g); 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Effective April 23, 2012 through 

May 15, 2013, § 117.799 is amended by 

suspending paragraph (e) and adding a 

temporary paragraph (k) to read as 

follows: 

§ 117.799 Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal. 

* * * * * 

(k) The draw of the Atlantic Beach 

Bridge at mile 0.4, across Reynolds 

Channel shall open on signal as follows: 

(1) Except as provided in paragraph 

(k)(2) of this section, from April 23, 

2012 through September 30, 2012, 

Monday through Friday, the draw may 

operate a single span on signal, every 

two hours, on the even hour, between 

6 a.m. and 8 p.m. Monday through 

Friday from 8 p.m. through 6 a.m. the 

draw may operate a single span on 

signal. On weekends and holidays from 

Friday at 8 p.m. through Monday at 6 

a.m. the bridge shall open both spans 

every hour on the hour. 

(2) From July 23, 2012 through July 

30, 2012, the bridge may remain in the 

closed position between 12 a.m. and 

5 a.m., daily. 

(3) From October 1, 2012 through May 

15, 2013, the draw may operate a single 

span on signal at 6 a.m., 12 p.m., 4 p.m., 

and 8 p.m. and at any time between 

8 p.m. and 6 a.m. The draw shall open 

both spans at all times for commercial 

vessel traffic after at least a 48 hour 

advance notice is given by calling the 

number posted at the bridge. 

Dated: March 23, 2012. 

Daniel A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2012–9056 Filed 4–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0032] 

RIN 1625–AA00 

Safety Zone; Lake Pontchartrain, New 

Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone extending out 

approximately 3,000 feet from the South 

shores of Lake Pontchartrain adjacent to 

the East bank of the Lakefront Airport 

runways. This safety zone is necessary 

to protect persons and vessels from the 

potential safety hazards associated with 

high-speed aerobatic displays by the 

participants of the 1812 Blue Angels Air 

Show, during the War of 1812 

Commemoration. The Air Show 


emcdonald on DSK29S0YB1PROD with RULES