[Federal Register: April 6, 2004 (Volume 69, Number 66)]
[Proposed Rules]
[Page 18004-18006]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap04-46]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations governing the operation of 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 notice of proposed rulemaking would allow
the bridge owner to keep the above bridges closed for 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: Comments must reach the Coast Guard on or before June 7, 2004.
ADDRESSES: You may mail comments and related material 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: Joe Schmied, 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-
019), 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 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 proposed rule would make the traditional closures part of the
permanent drawbridge operation regulations. New York City Department of
Transportation would provide the exact dates and times for each bridge
several weeks in advance of the race. Those dates and times would 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 Proposal
This proposed change would amend 33 CFR 117.789 by revising
paragraph (c), which identifies the operating schedule of the Willis
Avenue Bridge, the Third Avenue Bridge, and the Madison Avenue Bridge.
This proposed rule would also amend 33 CFR 117.801 by revising
paragraph (g), which identifies the operating schedule for the Pulaski
Bridge.
This proposed rule would allow the bridges to remain in the closed
position for various extended periods of time between the hours of 8
a.m. and 5 p.m. on the first Sunday in both May and November to
facilitate the running of the Five Borough Bike Tour and the New York
City Marathon.
The Five Borough Bike Tour is run on the first Sunday in May.
During this event the Third Avenue and Madison Avenue bridges, across
the Harlem River, are usually closed from 8 a.m. to 12 p.m. and the
Pulaski Bridge, across
[[Page 18005]]
Newtown Creek, is normally closed from 9:30 a.m. to 11:30 a.m.
The New York City Marathon is run on the first Sunday in November.
During this event the Willis Avenue and Madison Avenue bridges, across
the Harlem River, are normally closed from 10 a.m. to 5 p.m. and the
Pulaski Bridge, across Newtown Creek, is normally closed from 8:30 a.m.
to 3 p.m.
The exact dates and times each bridge will be closed for the future
running of the Five Borough Bike Tour and the New York City Marathon
may be slightly changed and will be published in the Local Notice to
Mariners several weeks in advance of each respective event.
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 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 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 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 November when the bridges
normally do not receive any requests to open.
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; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Revise Sec. 117.789(c) to read as follows:
[[Page 18006]]
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 between 8 a.m. and 5 p.m. on the first Sunday in May and
the first Sunday in 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.
* * * * *
3. Revise Sec. 117.801(g) to read as follows:
Sec. 117.801 Newtown Creek, Dutch Kills, English Kills, and their
tributaries.
* * * * *
(g)(1) The draw 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
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: March 25, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-7790 Filed 4-5-04; 8:45 am]
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