[Federal Register Volume 89, Number 210 (Wednesday, October 30, 2024)]
[Rules and Regulations]
[Pages 86241-86242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24970]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2024-0392]
RIN 1625-AA09


Drawbridge Operation Regulation; Dutch Kills, Queens County, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the Hunters Point Ave Bridge across Dutch Kills, 
mile 1.4, at Queens County, NY. NYCDOT installed a temporary work 
platform at Hunters Point Ave Bridge on May 6, 2024 to perform blasting 
and painting operations. The work platform prevents the bridge from 
opening to marine traffic. Until the bridge operations are complete the 
bridge must remain in the closed position.

DATES: This temporary interim rule is effective October 30, 2024 
through 12:01 a.m. on July 1, 2025. Comments and related material must 
reach the Coast Guard on or before November 29, 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-2024-0392) 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 interim rule, call or email, Stephanie E. Lopez, Coast Guard; 
telephone 212-514-4335, email <a href="/cdn-cgi/l/email-protection#d487a0b1a4bcb5babdb1fa91fa98bba4b1ae94a1a7b7b3fab9bdb8"><span class="__cf_email__" data-cfemail="7a290e1f0a121b14131f543f5436150a1f003a0f09191d54171316">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
NYCDOT New York City Department of Transportation
TIR Temporary Interim Rule

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary interim 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), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because it is 
impracticable. This bridge has a work platform installed which keeps 
the bridge in the closed to navigation position.
    On May 6, 2024, the Coast Guard issued a general deviation which 
allowed the bridge owner, NYCDOT, to deviate from the current operating 
schedule in 33 CFR 117.801(d) to conduct bridge blasting and painting 
operations. Due to additional work that has been discovered, the bridge 
owner has requested an extension of closure that will take the project 
past the allowable 180 days for a deviation. Since the bridge cannot be 
brought back to operating condition until the completion of the 
mechanical rehabilitation there is insufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the modification.
    However, we will be soliciting comments on this rulemaking during 
the first 30 days while this rule is in effect. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective in less than 30 days after publication 
in the Federal Register. For reasons presented above, delaying the 
effective date of this rule would be impracticable and contrary to the 
public interest because the bridge is currently incapable of normal 
operations and will not be back into full operation until the 
rehabilitation work can be completed.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499. Hunters Point Ave Bridge across Dutch Kills is a bascule bridge 
with a vertical clearance of 5.3 feet mean high water in the closed 
position and unlimited vertical clearance in the open position.
    The existing drawbridge regulation, 33 CFR 117.801(d), states that 
the draw of the Hunters Point Ave Bridge, mile 1.4, shall open on 
signal if at least two-hour advance notice is given. NYCDOT, the bridge 
owner, has requested to keep the bridge in the closed position during 
the remainder of the work.

IV. Discussion of the Rule

    The Coast Guard is issuing this rule to allow the bridge owner of 
the Hunters Point Ave Bridge across Dutch Kills, mile 1.4, Queens, New 
York, to keep the bridge in the closed to navigation position until 
July 1, 2025. The rule is necessary to accommodate the completion of 
the blasting and painting operations.

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.

[[Page 86242]]

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 given 3 hours advanced notice.

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 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).

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.

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.

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 appendix A, table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.
    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

0
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

0
2. In Sec.  117.801:
0
a. Paragraph (d) is stayed; and
0
b. Paragraph (h) is added. The addition reads as follows:


Sec.  117.801  Newtown Creek, Dutch Kills, English Kills, and their 
tributaries.

* * * * *
    (h) The draw of the Hunters Point Avenue Bridge, mile 1.4, across 
Dutch Kills at Queens, may be maintained in the closed to navigation 
position until July 1, 2025.

M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-24970 Filed 10-29-24; 8:45 am]
BILLING CODE 9110-04-P


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