[Federal Register: January 30, 2006 (Volume 71, Number 19)]
[Proposed Rules]
[Page 4852-4854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja06-17]
[[Page 4852]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-06-006]
RIN 1625-AA09
Drawbridge Operation Regulations; Jamaica Bay and Connecting
Waterways, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge
operating regulations governing the operation of the New York City
Highway Bridge (Belt Parkway), at mile 0.8, across Mill Basin. This
notice of proposed rulemaking would allow the bridge owner to open only
one of the two moveable spans for the passage of vessel traffic from
March 1, 2006 through September 7, 2006. This proposed rule is
necessary to facilitate bridge deck replacement.
DATES: Comments must reach the Coast Guard on or before March 1, 2006.
ADDRESSES: You may mail comments to Commander (dpb), 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: Ms. July 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 (CGD01-06-
006), 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.
We anticipate making this rule effective in less than 30 days after
publication in the Federal Register to allow for the rehabilitation
work to commence in time for the March 1, 2006, deck replacement
construction start date. The deck replacement for the New York City
Highway (Belt Parkway) Bridge is vital, necessary work that must be
performed without delay as a result of deterioration of the existing
bridge deck which could fail if not replaced with all due speed. In
order to assure the continued safe and reliable operation of the bridge
construction work should begin as scheduled on March 1, 2006. However,
the Coast Guard desires to allow as much time as possible for public
participation in the rulemaking process. Thus, we are allowing the
comment period to run into the 30-day time period normally included
between publication and the effective date.
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 New York City Highway Bridge (Belt Parkway) has a vertical
clearance of 34 feet at mean high water and 39 feet at mean low water
in the closed position. The existing operating regulations are listed
at 33 CFR 117.795(b).
The owner of the bridge, New York City Department of Transportation
(NYCDOT), requested a temporary change to the drawbridge operation
regulations to facilitate the replacement of the bridge roadway deck.
This rulemaking is necessary because during the prosecution of this
rehabilitation construction, the opening span that is undergoing deck
replacement cannot open for vessel traffic. As a result, the bridge
owner requested that only one of the two opening spans need open for
the passage of vessel traffic from March 1, 2006 through September 7,
2006.
Discussion of Proposed Rule
This proposed change would amend 33 CFR 117.795 by suspending
paragraph (b), which lists the New York City Highway Bridge (Belt
Parkway), and add a temporary paragraph (d) to allow single span bridge
openings from March 1, 2006 through September 7, 2006.
The horizontal clearance at the bridge is 135 feet with both spans
opened and 67.5 feet with a single span open.
The Coast Guard believes this proposed rule is reasonable because
the recreational vessel traffic that normally transits this bridge can
safely pass through the bridge with a single span opening of 67.5 feet
of horizontal clearance.
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 (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation, under the regulatory polices
and procedures of DHS is unnecessary.
This conclusion is based on the fact that the vessel traffic that
normally transits this bridge should not be precluded from transiting
due to single span bridge openings.
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 notice of proposed rulemaking would not have a significant
economic impact on a substantial number of small
[[Page 4853]]
entities for the following reason: Mill Basin is navigated
predominantly by recreational vessels.
The single span bridge openings should not preclude vessel traffic
from transiting the bridge because the recreational vessels that
normally use this waterway should be able to transit through the bridge
with the reduced horizontal clearance of 67.5 feet due to their
relative small size.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact us in writing at, Commander
(dpb), First Coast Guard District, Bridge Branch, One South Street, New
York, NY 10004. The telephone number is (212) 668-7165. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
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. 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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 made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction, from further environment documentation because this action
relates to the promulgation of operating regulations or procedures for
drawbridges.
Under figure 2-1, paragraph (32)(e) of the instruction, an
``Environmental Analysis Checklist'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From March 1, 2006 through September 7, 2006, Sec. 117.795 is
[[Page 4854]]
amended by suspending paragraph (b) and adding a temporary paragraph
(d) to read as follows:
Sec. 117.795 Jamaica Bay and Connecting Waterways.
* * * * *
(d) The New York City Highway Bridge (Belt Parkway), mile 0.8,
across Mill Basin, need only open one moveable span for the passage of
vessel traffic from March 1, 2006 through September 7, 2006. The draw
need not be opened for the passage of vessel traffic from 12 p.m. to 9
p.m. on Sundays from May 15 through September 30, and on Memorial Day,
Independence Day, and Labor Day. However, on these days the draw shall
open on signal from the time two hours before to one hour after the
predicted high tide(s). For the purpose of this section, predicted high
tide(s) occur 15 minutes later than that predicted for Sandy Hook, as
documented in the tidal current data, which is updated, generated and
published by the National Oceanic and Atmospheric Administration/
National Ocean Service.
Dated: January 22, 2006.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 06-855 Filed 1-25-06; 4:03 pm]
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