[Federal Register: December 6, 2002 (Volume 67, Number 235)]
[Rules and Regulations]
[Page 72560-72561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de02-5]
[[Page 72560]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-02-134]
RIN 2115-AE47
Drawbridge Operation Regulations; New Rochelle Harbor, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the drawbridge
operation regulations that govern the Glen Island Bridge, at mile 0.8,
across New Rochelle Harbor at New Rochelle, New York. This change to
the drawbridge operation regulations allows the bridge to remain closed
to navigation from 7 a.m. on December 1, 2002 through 5 p.m. on April
1, 2003. This action is necessary to facilitate necessary repairs at
the bridge.
DATES: This rule is effective from December 1, 2002 through April 1,
2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD01-02-134) and are available for
inspection or copying at the First Coast Guard District, Bridge
Administration Office, 408 Atlantic Avenue, Boston, Massachusetts,
02110-3350, between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph Schmied, Project Officer,
First Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM and under 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause exists for making this rule
effective less than 30 days after publication in the Federal Register.
The Coast Guard coordinated the bridge repair project and related
temporary bridge closure with the mariners who use this waterway. The
mariners agreed that the temporary bridge closure will not affect the
needs of waterway users. There is an alternate route to open water that
mariners may use during this temporary bridge closure. The effective
period of this temporary rule is traditionally the most dormant season
for the vessel traffic on this waterway and accordingly, the best time
to perform the necessary repairs at the bridge.
The Coast Guard believes that an NPRM is unnecessary because of the
relatively low number of opening requests received at the bridge
December through April, and the fact that an alternate route is
available to the mariners.
Good cause exists for making this regulation effective in less than
30 days after publication in the Federal Register. Any delay
encountered in this regulation's effective date would be unnecessary
and contrary to the public interest. Delaying the start of this project
would delay the completion date of this project, disrupting vehicular
and marine traffic next spring when traffic is much heavier than during
the winter months when this temporary operating schedule will be in
effect.
Background and Purpose
The Glen Island Bridge has a vertical clearance of 13 feet at mean
high water and 20 feet at mean low water. The existing regulations are
listed at 33 Sec. CFR 117.802.
The bridge owner, Westchester Department of Public Works, asked the
Coast Guard to temporarily change the drawbridge operation regulations
to facilitate mechanical and structural repairs at the bridge to be
performed from 7 a.m. on December 1, 2002 through 5 p.m. on April 1,
2003.
The Coast Guard contacted the mariners who operate on New Rochelle
Harbor River regarding this temporary bridge closure and no objections
were received.
Discussion of Rule
The Coast Guard is temporarily changing the drawbridge operation
regulations governing the Glen Island Bridge, mile 0.8, across New
Rochelle Harbor at New Rochelle, New York. This temporary change to the
drawbridge operation regulations will allow the bridge to remain in the
closed position to navigation from 7 a.m. on December 1, 2002 through 5
p.m. on April 1, 2003.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3), of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979).
This conclusion is based on the fact that the mariners may use an
alternate route to open water.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would 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 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.
This conclusion is based on the fact that the mariners may use an
alternate route to open water.
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 that may
result in the expenditure by 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 effect 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
[[Page 72561]]
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 does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation because promulgation of changes to
drawbridge regulations have been found to not have a significant effect
on the environment. A ``Categorical Exclusion Determination'' is
available in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. From December 1, 2002 through April 1, 2003, in Sec. 117.802,
paragraph (a) is temporarily suspended and a new temporary paragraph
(c) is added to read as follows:
Sec. 117.802 New Rochelle Harbor.
* * * * *
(c) The draw of the Glen Island Bridge, mile 0.8, at New Rochelle,
New York, need not open for the passage of vessel traffic from 7 a.m.
on December 1, 2002 through 5 p.m. on April 1, 2003.
Dated: November 22, 2002.
V.S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-30931 Filed 12-5-02; 8:45 am]
BILLING CODE 4910-15-P