[Federal Register: April 5, 2004 (Volume 69, Number 65)]
[Rules and Regulations]
[Page 17595-17597]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap04-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-018]
RIN 1625-AA09
Drawbridge Operation Regulations; Harlem River, Newtown Creek, 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 Third Avenue Bridge, mile 1.9, across
the Harlem River between Manhattan and the Bronx; the Madison Avenue
Bridge, mile 2.3, across the Harlem River between Manhattan and the
Bronx; and the Pulaski Bridge, mile 0.6, across Newtown Creek between
Brooklyn and Queens. This temporary final rule authorizes the bridge
owner to close the above bridges on May 2, 2004, at different times of
short duration to facilitate the running of the Five Borough Bike Tour.
Vessels that can pass under the bridges without a bridge opening may do
so at any time.
DATES: This rule is effective on May 2, 2004.
ADDRESSES: Documents referred to in this rule 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. 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. Jose Arca, 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 in less than 30 days after publication in the Federal
Register.
The Coast Guard believes this action is reasonable because the city
only recently made the request to keep these bridges closed and the
requested closures are of short duration on a Sunday when the bridges
normally have no requests to open.
The Harlem River and the Newtown Creek are navigated predominantly
by commercial vessels that pass under the bridges without bridge
openings. The few commercial vessels that do require openings are work
barges that do not operate on Sundays.
Any delay encountered in this regulation's effective date would be
unnecessary and contrary to the public interest since immediate action
is needed to close the bridge in order to provide for public safety and
the safety of the race participants.
[[Page 17596]]
Background and Purpose
Third Avenue Bridge
The Third Avenue Bridge, at mile 1.9, across the Harlem River
between Manhattan and the Bronx, has a vertical clearance of 25 feet at
mean high water and 30 feet at mean low water in the closed position.
The existing operating regulations are listed at Sec. 117.789(c).
Madison Avenue Bridge
The Madison Avenue Bridge, at mile 2.3, across the Harlem River
between Manhattan and the Bronx, has a vertical clearance of 25 feet at
mean high water and 29 feet at mean low water in the closed position.
The existing operating regulations are listed at Sec. 117.789(c).
Pulaski Bridge
The Pulaski Bridge, at mile 0.6, across the Newtown Creek between
Brooklyn and Queens, has a vertical clearance of 39 feet at mean high
water and 43 feet at mean low water in the closed position. The
existing operating regulations are listed at Sec. 117.801(g).
The owner of the bridges, New York City Department of
Transportation, requested a change to the operating regulations for the
Third Avenue Bridge, the Madison Avenue Bridge, and the Pulaski Bridge,
to facilitate the running of the Five Borough Bike Tour on Sunday, May
2, 2004.
Under this temporary final rule the Third Avenue Bridge, at mile
1.9, and the Madison Avenue Bridge, at mile 2.3, may remain in the
closed position from 8 a.m. to 12 p.m. on Sunday, May 2, 2004. The
Pulaski Bridge, at mile 0.6, across Newtown Creek, may remain in the
closed position from 9:30 a.m. to 11:30 a.m. on Sunday, May 2, 2004.
Vessels that can pass under the bridges without a bridge opening may do
so at all times.
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 requested closures
are of short duration on a Sunday morning 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 requested closures are of
short duration on a Sunday morning when the bridges normally do not
receive any requests to open.
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 affect 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 analyzed this 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 because promulgation of changes to
drawbridge regulations have been found to not have a significant effect
on the environment.
List of Subjects in 33 CFR Part 117
Bridges.
[[Page 17597]]
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; 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 8 a.m. through 12 p.m. on May 2, 2004,
paragraph (c) is temporarily suspended and a new temporary paragraph
(g) is added to read as follows:
Sec. 117.789 Harlem River.
* * * * *
(g) The draws of the bridges at 103 Street, mile 0.0, Willis
Avenue, mile 1.5, 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. The Third Avenue
Bridge, mile 1.9, and the Madison Avenue Bridge, mile 2.3, need not
open for vessel traffic from 8 a.m. to 12 p.m. on Sunday, May 2, 2004.
0
3. In section 117.801, from 9:30 a.m. through 11:30 a.m. on May 2,
2004, paragraph (g) is suspended and a new paragraph (h) is added to
read as follows:
Sec. 117.801 Newtown Creek, Dutch Kills, English Kills, and their
tributaries.
* * * * *
(h) The draw of 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. The
Pulaski Bridge, mile 0.6, need not open for vessel traffic from 9:30
a.m. to 11:30 a.m. on May 2, 2004.
Dated: March 25, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-7624 Filed 4-4-04; 8:45 am]
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