13910 Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations 

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: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily modifying 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. 

DATES: This temporary final rule is 

effective March 25, 2024, until May 16, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2023–0530) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

final rule, call or email Ms. Stephanie E. 

Lopez, First Coast Guard District, 

Project Officer, telephone 571–608– 

5676, 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 

NPRM Notice of proposed rulemaking 

SNPRM Supplemental notice of proposed 

rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

NYSDOT New York State Department of 

Transportation 

II. Background Information and 

Regulatory History 

On September 19, 2023, the Coast 

Guard issued a general deviation to 

NYSDOT, allowed the bridge owner, 

NYSDOT, to deviate from the current 

operating schedule in 33 CFR 117.799(f) 

for the Loop Parkway Bridge. This 

deviation allowed the bridge to operate 

under single leaf operations from 

September 20, 2023, to March 17, 2024, 

in order to perform bridge deck 

replacement. 

Since the actual scope of the work 

would take longer than the allowable 

time limit of the General Deviation, the 

Coast Guard published a notice of 

proposed rulemaking on October 3, 

2023, entitled ‘‘Drawbridge Operation 

Regulation; Long Creek, Nassau County, 

NY,’’ in the Federal Register (88 FR 

68031). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to the rehabilitation of the Loop 

Parkway Bridge. During the comment 

period that ended November 2, 2023, we 

received no comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 499. The 

Loop Parkway Bridge will continue to 

operate under its regular operating 

schedule found in 33 CFR 117.799(f). 

However, this rule will allow the bridge 

to operate under single leaf openings 

from March 25, 2024, until May 16, 

2024. For vessels that are too large for 

single leaf openings NYSDOT has 

identified 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. This 

rule will allow the project to progress 

while minimizing impact on mariners. 

IV. Discussion of Comments, Changes 

and the Temporary Final Rule 

The Coast Guard published an NPRM 

on October 3, 2023, providing a 

comment period of 30 days and no 

comments were received. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of 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 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). 

Accordingly, it 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 through the single 

leaf openings and vessels that are too 

large to make passage through single 

leaf openings have alternate routes 

which they can make passage. 

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 received no comments 

from the Small Business Administration 

on this rule. 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. 

While some owners or operators of 

vessels intending to transit the bridge 

may be small entities, for the reasons 

stated in section V.A above, this rule 

will not have a significant economic 

impact on any vessel owner or operator. 

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 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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. 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). 


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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations 13911 

D. Federalism and Indian Tribal 

Government 

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 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 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. 

The Coast Guard published an NPRM 

on October 3, 2023, providing a 

comment period of 30 days and no 

comments were received. 

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 rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

The Coast Guard published an NPRM 

on October 3, 2023, providing a 

comment period of 30 days and no 

comments were received. 

F. Environment 

We have analyzed this 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 rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

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 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; 

and DHS Delegation No. 00170.1, Revision 

No. 01.3. 

■ 2. In § 117.799: 

■ a. Paragraph (f) is stayed; and 

■ b. Paragraph (j) is added. 

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 from 

March 25, 2024, to May 16, 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: February 13, 2024. 

J.W. Mauger, 

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

First Coast Guard District. 

[FR Doc. 2024–03463 Filed 2–22–24; 8:45 am] 

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 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily modifying 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 

operate the bridge under single leaf 

openings to perform bridge deck 

replacement. 

DATES: This temporary final rule is 

effective March 25, 2024, until May 16, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2023–0532) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

final rule, call or email Ms. Stephanie E. 

Lopez, First Coast Guard District, 

Project Officer, telephone 571–608– 

5676, 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 

NPRM Notice of proposed rulemaking 

SNPRM Supplemental notice of proposed 

rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

NYSDOT New York State Department of 

Transportation 

II. Background Information and 

Regulatory History 

On September 19, 2023, the Coast 

Guard issued a general deviation to 

NYSDOT allowing the bridge owner, 

NYSDOT, to deviate from the current 

operating schedule in 33 CFR 

117.799(h) for the Meadowbrook State 


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