[Federal Register: June 22, 2004 (Volume 69, Number 119)]
[Rules and Regulations]
[Page 34571-34573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn04-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-019]
RIN 1625-AA09
Drawbridge Operation Regulations: Harlem River, Newtown Creek, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern the Willis Avenue Bridge, mile 1.5, the Third
Avenue Bridge, mile 1.9, the Madison Avenue Bridge, mile 2.3, all
across the Harlem River and the Pulaski Bridge, mile 0.6, across
Newtown Creek. This final rule allows the bridge owner to keep the
above bridges closed for various extended periods of time on the first
Sunday in both May and November in order to facilitate the running of
the Five Borough Bike Tour and the New York City Marathon,
respectively.
DATES: This rule is effective July 22, 2004.
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 (CGD01-04-019) and are available for inspection or
copying at 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: Mr. Gary Kassof, Bridge Administrator,
First Coast Guard District, (212)668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 6, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Harlem River, Newtown
Creek, New York, in the Federal Register (69 FR 18004). 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 Willis Avenue Bridge, mile 1.5, across the Harlem River has a
vertical clearance of 24 feet at mean high water (MHW) and 30 feet at
mean low water (MLW) in the closed position.
The Madison Avenue Bridge, at mile 2.3, across the Harlem River has
a vertical clearance of 25 feet at mean high water and 29 feet at mean
low water in the closed position.
The Third Avenue Bridge, at mile 1.9, across the Harlem River has a
vertical clearance of 25 feet at mean high water and 30 feet at mean
low water in the closed position.
The Pulaski Bridge across Newtown Creek, mile 0.6, has a vertical
clearance of 39 feet at MHW and 43 feet at MLW in the closed position.
The current operating regulations for the Pulaski Bridge listed at
117.801(g) require it to open on signal if at least a two-hour advance
notice is given.
The current operating regulations for the Willis Avenue, Third
Avenue, and Madison Avenue bridges, require the bridges to open on
signal from 10 a.m. to 5 p.m., if at least four-hours notice is given.
The owner of the bridges, New York City Department of
Transportation requested a change to the operating regulations for the
Willis Avenue Bridge, the Third Avenue Bridge, the Madison Avenue
Bridge, and the Pulaski Bridge, to facilitate the running of the Five
Borough Bike Tour and the New York City Marathon on the first Sunday in
both May and November, respectively. They requested the bridges be
closed for various extended periods of time between the hours of 8 a.m.
and 5 p.m.
Traditionally, these bridge closures were accomplished each year by
publishing a temporary final rule in the Federal Register with the
bridge closures occurring at various times ranging from 8 a.m. through
5 p.m. The closure times were established to coincide with the race
route through the city.
This final rule makes the traditional closures part of the
permanent drawbridge operation regulations. New York City Department of
Transportation will provide the exact dates and times for each bridge
several weeks in advance of the race. Those dates and times will be
published in the Local Notice to Mariners.
The Coast Guard believes this rule is reasonable because it would
simplify the traditional bridge closure process. Additionally, the
bridge closures are on Sundays when the bridges normally receive no
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 Homeland
Security (DHS).
This conclusion is based on the fact that the bridge closures are
of short duration on a Sunday in May and November when the bridges
normally do not receive any requests to open.
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 bridge closures are
of short duration on a Sunday in May and
[[Page 34572]]
November when the bridges normally do not receive any requests to open.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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.
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. Amend Sec. 117.789 by revising paragraph (c) to read as follows:
Sec. 117.789 Harlem River.
* * * * *
(c)(1) The draws of the bridges at 103 Street, mile 0.0, Willis
Avenue, mile 1.5, Third Avenue, mile 1.9, Madison Avenue, mile 2.3, 145
Street, mile 2.8, Macombs Dam, mile 3.2, 207 Street, mile 6.0, and the
two Broadway Bridges, mile 6.8, shall open on signal from 10 a.m. to 5
p.m. if at least four hours notice is given to the New York City
Highway Radio (Hotline) Room.
(2) The Willis Avenue Bridge, mile 1.5, the Third Avenue Bridge,
mile 1.9, and the Madison Avenue Bridge, mile 2.3, need not open for
vessel traffic at various times between 8 a.m. and 5 p.m. on the first
Sunday in May and November. The exact time and date of each bridge
closure will be published in the Local Notice to Mariners several weeks
prior to the first Sunday of both May and November.
* * * * *
[[Page 34573]]
0
3. Amend Sec. 117.801 by revising paragraph (g) to read as follows:
Sec. 117.801 Newtown Creek, Dutch Kills, English Kills, and their
tributaries.
* * * * *
(g)(1) The draw of the of the Pulaski Bridge, mile 0.6, and the
Greenpoint Avenue Bridge, mile 1.3, shall open on signal if at least a
two hour advance notice is given to the New York City Department of
Transportation Radio (Hotline) Room.
(2) The Pulaski Bridge, mile 0.6, need not open for vessel traffic
at various times between 8 a.m. and 5 p.m. on the first Sunday in both
May and November. The exact time and date of the bridge closure will be
published in the Local Notice to Mariners several weeks prior to the
first Sunday of both May and November.
Dated: June 10, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-14066 Filed 6-21-04; 8:45 am]
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