Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 52925 

Under this temporary deviation the 

bridge may remain in the closed 

position for four months to facilitate 

bridge maintenance. A three-week 

advance notice for openings will be 

available to allow vessel traffic that can 

not pass under the closed draw to 

transit. 

DATES: This deviation is effective from 

September 5, 2008 through December 

31, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

0848 and are available 

online at http://www.regulations.gov. 

They are also available for inspection or 

copying at two locations: 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, and the First 

Coast Guard District, Bridge Branch 

Office, 408 Atlantic Avenue, Boston, 

Massachusetts 02110, between 7 a.m. 

and 3 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this deviation, 

call Joe Arca, Project Officer, First Coast 

Guard District, at (212) 668–7165. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The 

Triborough (125 Street) Bridge, across 

the Harlem River at mile 1.3, has a 

vertical clearance in the closed position 

of 54 feet at mean high water and 59 feet 

at mean low water. The existing 

regulations are listed at 33 CFR 

117.789(d). 

The owner of the bridge, the 

Triborough Bridge & Tunnel Authority 

(TBTA), requested this temporary 

deviation to facilitate bridge 

maintenance. 

Habitual users of the waterway 

normally can transit under the 

Triborough (125 Street) Bridge without 

requesting a bridge opening due to the 

size of the vessel traffic that frequently 

transits this waterway and the ample 

vertical clearance provided by the 

bridge in the closed position. 

The Willis Avenue Bridge which is 

also located on the Harlem River 

upstream from the Triborough (125 

Street) Bridge is presently undergoing 

replacement construction. As a result, 

construction crane barges occasionally 

will need to transit through the 

Triborough (125 Street) Bridge to 

facilitate the ongoing upstream 

construction. The contractor working on 

the Triborough (125 Street) Bridge has 

agreed to open the bridge for the passage 

of the crane barges, provided at least a 

three-week advance notice is given by 

calling the bridge owner at (212) 870– 

6470 or (212) 870–6428. 

Under this temporary deviation the 

Triborough (125 Street) Bridge may 

remain in the closed position at all 

times; except that, the bridge shall open 

on signal after at least a three-week 

notice is given by calling (212) 870– 

6470 or (212) 870–6428. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

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: September 1, 2008. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E8–21358 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2008–0908] 

Drawbridge Operation Regulation; 

Long Island, New York Inland 

Waterway From East Rockaway Inlet to 

Shinnecock Canal, Hempstead, NY, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Wantagh State 

Parkway Bridge across Sloop Channel at 

mile 15.4, at Jones Beach, New York. 

Under this temporary deviation the 

bridge may operate on a limited 

operating schedule for three months to 

facilitate the completion of bridge 

construction. 

DATES: This deviation is effective from 

September 5, 2008 through November 

30, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

0908 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

two locations: 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, 

and the First Coast Guard District, 

Bridge Branch Office, 408 Atlantic 

Avenue, Boston, Massachusetts 02110, 

between 7 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this deviation, 

call Judy Leung-Yee, Project Officer, 

First Coast Guard District, at (212) 668– 

7165. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Wantagh State Parkway Bridge has a 

vertical clearance in the closed position 

of 16 feet at mean high water. The 

existing drawbridge operation 

regulations are listed at 33 CFR 117.5. 

The New York State Department of 

Transportation, requested a temporary 

deviation to facilitate the completion of 

bridge construction. 

The waterway has seasonal 

recreational vessels and fishing vessels 

of various sizes. 

We contacted the New York Marine 

Trades Association and Station Jones 

Beach. No objection to the proposed 

temporary deviation schedule was 

received. 

Under this temporary deviation, in 

effect from September 5, 2008 through 

November 30, 2008, the Wantagh State 

Parkway Bridge at mile 15.4, across 

Sloop Channel, shall operate as follows: 

From Monday through Friday 

between 5 p.m. and 6:30 a.m. and at 12 

noon, the bridge shall open on signal 

after at least a 30-minute advance notice 

is given. 

On Saturdays the Bridge shall open 

on signal after at least a 30-minute 

advance notice is given between 12:01 

a.m. and 6:30 a.m., 10:30 a.m. and 1:30 

p.m. 

From 4:30 p.m. on Saturdays through 

6:30 a.m. on Mondays the bridge shall 

open on signal every hour on the halfhour after at least a 30-minute advance 

notice is given. 

All other times the bridge need not 

open for the passage of vessel traffic. 

Advance notice may be given by 

calling (631) 383–6598. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 


ebenthall on PROD1PC60 with RULES
52926 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Rules and Regulations 

Dated: August 31, 2008. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E8–21361 Filed 9–11–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

United States Navy Restricted Area, 

Naval Support Activity, Panama City, 

FL 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is establishing ten 

restricted areas at Naval Support 

Activity (NSA), Panama City (PC), 

Florida. NSA, Panama City, and its 

major tenant command, the Naval 

Surface Warfare Center (NSWC), have 

been recognized as one of the lead 

research, development, test and 

evaluation laboratories of the U.S. Navy. 

In addition, the Naval Diving and 

Salvage Training Center (NDSTC) was 

relocated from the Washington Navy 

Yard to NSA PC and now hosts a 

consolidated training for the U.S. Army 

Corps of Engineers, U.S. Coast Guard, 

the Navy’s satellite dive schools, the 

U.S. Marine Corps and the U.S. Air 

Force. As such, a large majority of 

military dive training is now 

concentrated at NSA, PC. The restricted 

areas in Panama City waters meet strict 

military training parameters that cannot 

be duplicated elsewhere. Military 

training in and around St. Andrews Bay 

has existed in harmony with local boat 

traffic and development since 1945. 

NSA, PC is formalizing these ongoing 

activities within the waters of St. 

Andrews Bay in an effort to maximize 

public safety and to preserve current 

military training vital to the Global War 

on Terror and to all service military 

readiness. 

DATES: Effective Date: October 14, 2008. 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO (David B. 

Olson), 441 G Street, NW., Washington, 

DC 20314–1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Jon Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division at 904–232–1680. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. General Comments and Responses 

III. Changes to Proposal 

I. Background 

Pursuant to its authorities in Section 

7 of the Rivers and Harbors Act of 1917 

(40 Stat. 266; 33 U.S.C. 1) and Chapter 

XIX of the Army Appropriations Act of 

1919 (40 Stat. 892; 33 U.S.C. 3) the 

Corps is amending the regulations in 33 

CFR part 334 by establishing ten 

separate restricted areas as described in 

the SUMMARY paragraph above. The 

proposed regulations were published in 

the U.S. Army Corps of Engineers 

published a proposed rule in July 18, 

2007, issue of the Federal Register (72 

FR 39355) with a 30-day comment 

period. 

II. General Comments and Responses 

In response to the proposed rule, six 

comments were received. Comments 

were provided by an energy company, a 

non-governmental environmental 

organization, a state government 

department and other members of the 

public. The majority of the comments 

resulted from a misunderstanding of the 

actual utilization of the proposed 

restricted areas. Generally, the 

commenters presumed that anytime any 

of the proposed restricted areas were in 

use the entire area encompassed by the 

restricted area would be closed to public 

utilization. This is not the case since the 

military intends to utilize safety vessels 

accompanying each training session to 

define the area within a restricted area 

which is temporarily unavailable to the 

public. The definition of the term 

‘‘military security zones’’ was redefined 

to make this distinction more apparent. 

The non-governmental environmental 

organization was concerned about the 

potential impacts of the military 

training operation on the manatee. The 

Corps contacted the organization to 

discuss the concerns. During these 

discussions, it was noted that the 

proposed restricted areas are not an 

indication of an increase in military 

training; rather it was an effort to 

provide better protection to the military 

and the public during the training 

sessions. The military use of these areas 

has been ongoing for many years and 

the proposed establishment of the 

restricted areas is not anticipated to 

increase the potential for impacts to the 

manatee. Additionally, the military 

noted the possibility that they would be 

able to provide additional data on the 

manatee since they will have spotters on 

each of the safety vessels accompanying 

the training operation. These spotters 

would be able to provide the 

organization with information on any 

manatee they sighted during the training 

operations. The organization provided a 

response of concurrence with the 

findings of the Corps and a removal of 

any objections to the establishment of 

the restricted areas. 

III. Changes to Proposal 

All of the paragraphs containing 

descriptions of the proposed restricted 

areas were modified to simplify and 

clarify the geographic boundaries of 

each. All of the restriction related 

paragraphs were revised to better define 

the term ‘‘military security zones’’ and 

to provide information on how 

activation of the restricted areas is to be 

noticed. The term ‘‘military security 

zones’’ is now more clearly identified as 

specific portion/s within any of the 

restricted areas which are defined by the 

safety vessels accompanying each 

training exercise. A new subparagraph 

added to each of the restriction 

paragraphs provided information 

regarding the notification of activation 

of any of the proposed restricted areas 

by way of General Local Notice to 

Mariners for normal/routine activations 

and by Notice to Mariners and 

Broadcast Notice to Mariners for 

significant exercise and training events. 

Procedural Requirements 

a. Review Under Executive Order 

12866. These rules are issued with 

respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. These rules have been 

reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). The Corps determined 

that these restricted areas would have 

practically no economic impact on the 

public, and would not create any 

anticipated navigational hazard or 

interference with existing waterway 

traffic. These rules will have no 

significant economic impact on small 

entities. 

c. Review Under the National 

Environmental Policy Act. These 

regulations will not have a significant 

impact to the quality of the human 

environment and, therefore, preparation 

of an environmental impact statement 

will not be required. An environmental 

assessment has been prepared. It may be 

reviewed at the district office listed at 

the end of FOR FURTHER INFORMATION

CONTACT, above. 


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