[Federal Register: March 3, 2003 (Volume 68, Number 41)]
[Rules and Regulations]
[Page 9890-9892]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr03-7]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-02-143]
RIN 2115-AE47
Drawbridge Operation Regulations: Jamaica Bay and Connecting
Waterways, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern the operation of the New York City highway
bridge, mile 0.8, across Mill Basin on Belt Parkway at New York City,
New York. This temporary final rule will allow the bridge to remain
closed to vessel traffic from 7 a.m. on February 24, 2003 through 5
p.m. on April 14, 2003. This action is necessary to facilitate the
installation of median safety barriers at the bridge.
DATES: This rule is effective from February 24, 2003 through April 14,
2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-02-143) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, MA 02110, 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) 668-7195.
SUPPLEMENTARY INFORMATION:
Regulatory Information
Pursuant to 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this final rule 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 because the work to be performed under this
temporary final rule is necessary safety modifications that are
scheduled to be performed when the bridge receives the fewest number of
requests to open.
On December 27, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Jamaica Bay and
Connecting Waterways, New York, in the Federal Register (67 FR 79012).
We received no comments in response to the notice of proposed
rulemaking. No public hearing was requested and none was held.
Background and Purpose
The New York City highway bridge has a vertical clearance of 34
feet at mean high water, and 39 feet at mean low water in the closed
position. The existing drawbridge operating regulations are listed at
33 CFR 117.795(b).
The bridge owner, New York City Department of Transportation,
requested a temporary bridge closure to install median safety barriers
between the vehicular travel lanes at the bridge.
The bridge presently has no median safety barriers between the
vehicular travel lanes that pass over the moveable lift spans at the
bridge. There have been many serious head on automobile accidents at
this bridge as a result of the absence of median safety barriers.
The average traffic count is 140,000 vehicles a day. There have
been seven (7) head-on travel lane crossover accidents over the past
several years, four (4) resulting in fatalities. These accidents
resulted from the absence of a median safety barrier separating the
opposite vehicular travel lanes.
The installation of the median safety barriers is considered
necessary safety repairs that should be performed without delay.
In order to facilitate this structural work the bridge must remain
in the closed position for the passage of vessel traffic from 7 a.m. on
February 24, 2003 through 5 p.m. on April 14, 2003.
The time frame requested to perform this necessary safety work,
February 24, 2003 through April 14, 2003, is the best time to perform
this work because the bridge has historically had very few requests to
open during that time period. In 2001 only one commercial vessel
transit required a bridge opening and in 2002 only three commercial
vessel transits required bridge openings between February 24 and April
14.
During the last ten days of the above closure the bridge will be
balanced and tested. A limited number of bridge openings would be
available for the passage of vessel traffic during the time period the
bridge will be balanced and tested.
The Coast Guard believes this temporary final rule is reasonable
because this work is essential for public
[[Page 9891]]
safety and will be performed when the bridge has the fewest number of
requests to open.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking and as a result, no changes have been made to this
final rule.
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 waterway users who
normally navigate Mill Basin are predominantly recreational vessels.
There are four commercial facilities, two recreational vessel marinas,
and two recreational/commercial vessel repair yards upstream from the
bridge.
The time period the bridge will be closed is historically the time
period during which the fewest requests are made to open the bridge.
Between February 24 and April 14, 2001, only one commercial vessel
transit required the bridge to open. Only three commercial vessel
transits required bridge openings during the same period in 2002.
Vessels that can pass under the bridge without a bridge opening may
do so at all times.
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 waterway users who
normally navigate Mill Basin are predominantly recreational vessels.
There are four commercial facilities, two recreational vessel marinas,
and two recreational/commercial vessel repair yards upstream from the
bridge.
The time period the bridge will be closed is historically the time
period during which the fewest requests are made to open the bridge.
Between February 24 and April 14, 2001, only one commercial vessel
transit required the bridge to open. Only three commercial vessel
transits required bridge openings during the same period in 2002.
Vessels that can pass under the bridge without a bridge opening may
do so at all times.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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).
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 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
[[Page 9892]]
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 February 24, 2003 through April 14, 2003, in Sec. 117.795,
paragraph (b) is temporarily suspended, and a new temporary paragraph
(d) is added, to read as follows:
Sec. 117.795 Jamaica Bay and Connecting Waterways.
* * * * *
(d) The draw of the New York City highway bridge, mile 0.8, across
Mill Basin on Belt Parkway, need not open for the passage of vessel
traffic from 7 a.m. on February 24, 2003 through 5 p.m. on April 14,
2003.
Dated: February 10, 2003.
John L. Grenier,
Captain, Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 03-4761 Filed 2-28-03; 8:45 am]
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