[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Rules and Regulations]
[Page 61057-61058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc07-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-07-130]
RIN 1625-AA09
Drawbridge Operation Regulations; Gowanus Canal, Brooklyn, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard has temporarily changed the drawbridge
operating regulations governing the operation of the Hamilton Avenue
Bridge, mile 1.2, across the Gowanus Canal at Brooklyn, New York. This
final rule allows the bridge owner to require a four-hour notice for
bridge openings from November 5, 2007 to January 15, 2009. This rule is
necessary to facilitate rehabilitation construction at the bridge.
DATES: This temporary rule suspending Sec. 117.787 and adding Sec.
117.788 is effective from November 5, 2007 to January 15, 2009.
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 (CGD01-07-130) 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: Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District, (212) 668-7195.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 18, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations''; Gowanus Canal,
New York, in the Federal Register (72 FR 53202). We received no
comments in response to the notice of proposed rulemaking. No public
hearing was requested and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register.
The bridge repairs scheduled to begin on November 5, 2007, are
necessary repairs that must be performed with all due speed to assure
the continued safe and reliable operation of the bridge. Any delay in
making this rule effective would not be in the best interest of public
safety and the marine interests that use the Gowanus Canal. We received
no comments on the published NPRM, which included the effective period
for comment, indicating a need to delay the effective date of this
temporary final rule.
Background and Purpose
The Hamilton Avenue Bridge has a vertical clearance of 19 feet at
mean high water, and 23 feet at mean low water in the closed position.
The existing drawbridge operating regulations listed at 33 CFR 117.5,
require the bridge to open on signal at all times.
The bridge owner, New York City Department of Transportation
(NYCDOT), has requested a temporary rule to facilitate structural,
electrical and mechanical rehabilitation at the Hamilton Avenue Bridge.
Under this temporary rule the Hamilton Avenue Bridge would open on
signal after at least a four-hour advance notice is given by calling
(201) 400-5243.
Major rehabilitation bridge repairs have been ongoing at the
Hamilton Avenue Bridge since March 2007. The bridge owner NYCDOT,
requested a temporary deviation from the drawbridge operation
regulations to help facilitate bridge rehabilitation repairs at the
Hamilton Avenue Bridge.
As a result of that request the Coast Guard authorized a temporary
deviation [CGD01-07-026] on March 15, 2007, which required mariners to
provide a four-hour advance notice for bridge openings from April 6,
2007 through September 29, 2007.
On August 7, 2007, the Coast Guard received a second request from
the bridge owner NYCDOT, to extend the four-hour advance notice
requirement at the Hamilton Avenue Bridge through January 15, 2009, in
order to facilitate the remaining rehabilitation bridge repairs.
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
temporary 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.
This conclusion is based on the fact that all vessel traffic will
still be able to transit through the bridge at all times after
providing the four-hour advance notice for bridge openings.
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 all vessel traffic will
still be able to transit through the bridge at all times after
providing the four-hour advance notice for bridge openings.
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.
No small entities requested Coast Guard assistance and none was
given.
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). The Coast Guard will not retaliate against
[[Page 61058]]
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
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 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 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. 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 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 considering that it relates to the
promulgation of operating regulations or procedures for drawbridges.
Under figure 2-1, paragraph (32)(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.
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1.
0
2. From November 5, 2007 to January 15, 2009, suspend Sec. 117.787 and
add Sec. 117.788 to read as follows:
Sec. 117.788 Gowanus Canal.
(a) The draws of the Ninth Street Bridge, mile 1.4, the Third
Street Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and the
Union Street Bridge, mile 2.1, at Brooklyn, shall open on signal if at
least a two-hour advance notice is given to the New York City
Department of Transportation (NYCDOT), Radio Hotline, or the NYCDOT
Bridge Operations Office.
(b) The draw of the Hamilton Avenue Bridge, mile 1.2, shall open on
signal after at least a four-hour advance notice is given by calling
(201) 400-5243. This paragraph is effective from November 7, 2007 to
January 15, 2009.
Dated: October 19, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E7-21237 Filed 10-26-07; 8:45 am]
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