[Federal Register: June 1, 2004 (Volume 69, Number 105)]
[Rules and Regulations]
[Page 30827-30828]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn04-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-021]
RIN 1625-AA09
Drawbridge Operation Regulations: Harlem River, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary final rule
governing the operation of the Triborough (125th Street) Bridge, mile
1.3, across the Harlem River at New York City, New York. This temporary
final rule allows the bridge owner to require a forty-eight hour notice
for bridge openings from June 1, 2004, through January 31, 2005. This
action is necessary to facilitate structural rehabilitation at the
bridge.
DATES: This rule is effective from June 1, 2004, through January 31,
2005.
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 (CGD01-04-021) and are available for inspection or
copying the First Coast Guard District, Bridge Branch Office, One South
Street, New York, New York, 10004, 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.
FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First
Coast Guard District, (212) 668-7069.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 5, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Harlem River, New
York, in the Federal Register (69 FR 17616). Under 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause exists for making this rule
effective in less than 30 days after publication in the Federal
Register. Making this rule effective in less than 30 days is necessary
in order to allow bridge repairs to start on June 1, 2004. The Coast
Guard believes this is reasonable since the bridge has not received an
opening request in over three years.
Background and Purpose
The Triborough (125th Street) Bridge has a vertical clearance of 54
feet at mean high water and 59 feet at mean low water in the closed
position.
The existing drawbridge operation regulations listed at 33 CFR
117.789(d) require the bridge to open on signal from 10 a.m. to 5 p.m.
after at least a four-hour notice is given.
The owner of the bridge, the Triborough Bridge and Tunnel Authority
(TBTA), requested a temporary change to the drawbridge operation
regulations to allow the bridge owner to require a forty-eight hour
notice for bridge openings from June 1, 2004, through January 31, 2004,
to facilitate structural rehabilitation of the bridge. The Triborough
(125th Street) Bridge has not received any requests to open for the
past three years.
The bridge owner plans to replace the structural steel deck system
at the bridge between June 1, 2004, and January 31, 2005. Temporary
concrete roadway barriers will be used to redirect vehicular traffic
over the bridge to facilitate lane closures required to structurally
rehabilitate sections of the bridge roadway steel decking.
Under the existing drawbridge operation regulations, which require
a four-hour advance notice, unscheduled bridge opening requests would
be impossible to grant. Such openings would be impossible because of
the time needed to safely remove construction equipment, concrete
barriers, and construction workers from the lift span. The additional
advanced notice will allow time for the bridge operators to properly
remove construction materials so that the bridge may operate safely
upon request for an opening. Additionally, the Coast Guard believes the
requested forty-eight hour advance notice requirement is reasonable
based upon the lack of bridge opening requests over the past three
years.
Discussion of Comments and Changes
We received no comment letters in response to the notice of
proposed rulemaking. No changes were 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 Homeland
Security (DHS). This conclusion is based on the fact that the bridge
has received no vessel traffic for the past three years, thus there
will be little, if any, impact on vessel traffic by the increased
advance notice requirement. The bridge will continue to open for vessel
traffic with 48 hours advance notice.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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. The reasoning for this conclusion is the same as that found
under the ``Regulatory Evaluation'' section.
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).
[[Page 30828]]
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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this final 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
environmental documentation. It has been determined that this final
rule does not significantly impact the environment. Under figure 2-1,
paragraph (34)(e) of the Instruction, an ``Environmental Analysis Check
List'' and a ``Categorical Exclusion Determination'' are not required
for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out 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; 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.
0
2. In Sec. 117.789, from June 1, 2004 through January 31,2005,
paragraph (d) is temporarily suspended and a new temporary paragraph
(h) is added to read as follows:
Sec. 117.789 Harlem River.
* * * * *
(h) The draw of the Triborough (125th Street) Bridge, mile 1.3,
shall open on signal from 10 a.m. to 5 p.m. if at least a forty-eight
hour notice is given.
Dated: May 20, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-12358 Filed 5-28-04; 8:45 am]
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