[Federal Register: May 4, 2004 (Volume 69, Number 86)]
[Proposed Rules]
[Page 24548-24549]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my04-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-033]
RIN 1625-AA09
Drawbridge Operation Regulations; Hutchinson River, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations governing the operation of the Pelham Parkway Bridge, mile
0.4, across the Hutchinson River, New York. This change would allow the
bridge owner to require a thirty-minute advance notice for bridge
openings between 6 a.m. and 7 p.m. from July 1, 2004 through May 1,
2005. This action is necessary to facilitate bridge painting
operations.
DATES: Comments must reach the Coast Guard on or before June 3, 2004.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District Bridge Branch, One South Street, Battery Park Building, New
York, New York, 10004, or deliver them to the same address between 7
a.m. and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is (212) 668-7165. The First Coast Guard District,
Bridge Branch, maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the First Coast Guard District, Bridge Branch, 7 a.m. to 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First
Coast Guard District, (212) 668-7195.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-04-
033), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the First Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The Pelham Parkway Bridge has a vertical clearance of 13 feet at
mean high water and 20 feet at mean low water in the closed position.
The existing operating regulations listed at 33 CFR 117.793(a), require
the draw to open on signal at all times.
The owner of the bridge, New York City Department of
Transportation, requested a thirty-minute advance notice for bridge
openings at the Pelham Parkway Bridge between 6 a.m. and 7 p.m. from
July 1, 2004 through May 1, 2005, to facilitate bridge painting
operations at the bridge.
This rulemaking is necessary to facilitate the safe removal of
construction personnel and equipment from the bridge after a request to
open the bridge is received.
Discussion of Proposal
This proposed change would allow the owner of the Pelham Parkway
Bridge to require a thirty-minute advance notice for bridge openings
between 6 a.m. and 7 p.m. from July 1, 2004 through May 1, 2005, to
facilitate the safe evacuation of construction personnel and equipment
from the draw after a bridge opening request is received.
The Coast Guard believes this rule is reasonable in order to
provide for the safety of the construction personnel working on the
bridge, and because the Hutchinson River is navigated predominantly by
commercial vessels that already provide advance notice for their bridge
openings.
The bridge painting work is best accomplished during the warmer
weather conditions. As a result, we have implemented a shortened 30-day
comment period for this proposed rule to insure this rulemaking becomes
effective by the requested start date to take advantage of the better
weather conditions for bridge painting.
Regulatory Evaluation
This proposed 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 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 Homeland
Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation, under the regulatory
policies and procedures of DHS, is unnecessary.
This conclusion is based on the fact that the bridge will continue
to open on signal for vessel traffic provided the thirty-minute notice
is given.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed 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 of less than
50,000.
The Coast Guard certifies under section 5 U.S.C. 605(b), that this
proposed rule would not have a
[[Page 24549]]
significant economic impact on a substantial number of small entities.
This conclusion is based on the fact that the bridge will continue
to open on signal for vessel traffic provided the thirty-minute notice
is given.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Collection of Information
This proposed rule would call 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 proposed 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 a 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.
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 analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environment documentation because it has been determined that the
promulgation of operating regulations or procedures for drawbridges are
categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From July 1, 2004 through May 1, 2005, Sec. 117.793 is
temporarily amended by adding a new paragraph (d) to read as follows:
Sec. 117.793 Hutchinson River (Eastchester Creek).
* * * * *
(d) The draw of the of the Pelham Parkway (Shore Road) Bridge, at
mile 0.4, shall open on signal; except that from July 1, 2004 through
May 1, 2005, between 6 a.m. to 7 p.m. each day, the draw shall open
after at least a thirty-minute advance notice is given by calling the
New York City Highway Radio (Hotline) Room.
Dated: April 22, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-10114 Filed 5-3-04; 8:45 am]
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