[Federal Register Volume 60, Number 18 (Friday, January 27, 1995)]
[Proposed Rules]
[Pages 5343-5344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2090]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-95-002]
RIN 2115-AE47


Drawbridge Operation Regulations; New Rochelle Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering a change to the regulations 
governing the Glen Island Bridge over New Rochelle Harbor at mile 0.8 
in New Rochelle, New York. This change to the regulations will allow 
the bridge owner to reduce the number of hours in a day that the bridge 
is manned by drawtenders and opened on signal. This change is proposed 
because there have been few requests for bridge openings during the 
time periods at issue, i.e., from 1 May through 31 October, 12 midnight 
to 8 a.m., and from 1 November through 30 April, 8 p.m. to 8 a.m.

DATES: Comments must be received on or before March 28, 1995.

ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard 
District, Building 135A, Governors Island, New York, 10004-5073, or may 
be hand-delivered to the same address between 7 a.m. and 4 p.m., Monday 
through Friday, except federal holidays. The telephone number is (212) 
668-7170. The comments will become part of this docket and will be 
available for inspection and copying by appointment at the above 
address.

FOR FURTHER INFORMATION CONTACT:
Ms. Sylvia Bowens, Project Manager, Bridge Branch, (212) 668-7170.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, comments, data, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this rulemaking (CGD01-95-002), the specific 
section of the proposal to which each comment applies, and given 
reasons for each comment. The Coast Guard requests that all comments 
and attachments be submitted in an unbound format no larger than 8\1/
2\'' by 11'', suitable for copying and electronic filing. If that is 
not practical, a second copy of any bound material is requested. 
Persons desiring acknowledgment that their comments have been received 
should enclose a stamped, self-addressed post card or envelope.
    The Coast Guard will consider all comments received during the 
comment period, and may change this proposal in light of comments 
received. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to Commander (obr), First Coast Guard 
District at the address listed under ADDRESSES. The request should 
include reasons why a hearing would be beneficial. If the Coast Guard 
determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Drafting Information

    The drafters of this notice are Mr. John W. McDonald, Bridge 
Management Specialist, Bridge Branch, and LCDR Samuel R. Watkins, 
Project Counsel, District Legal Office.

Background and Purpose

    The Glen Island Bridge spans New Rochelle Harbor, New York. It was 
built in 1929 and has a vertical clearance of 13' above mean high water 
(MHW) and a vertical clearance of 20' above mean low water (MLW). Glen 
Island Bridge logs for 1990 tallied only fifty-two (52) openings during 
the periods relevant to this proposed rule: forty-five (45) from July 
to October, between 12 midnight and 8 a.m.; and seven (7) during 
November and December, between 8 p.m. and 8 a.m. Bridge openings for 
1991 totaled only fifty-one (51) during the relevant periods: forty-
five (45) from May to July, between 12 midnight and 8 a.m.; and six (6) 
from January to April, between 8 p.m. and 8 a.m. In 1992 there were 
only twenty (20) openings during the relevant periods: fourteen (14) 
for the month of October, between 12 midnight and 8 a.m.; and six (6) 
during November and December, between 8 p.m. and 8 a.m. Bridge logs for 
1993 tallied only eighty-two (82) bridge openings during the relevant 
periods: seventy-seven (77) from May to September, between 12 midnight 
and 8 a.m.; and five (5) from January to April, between 8 p.m. and 8 
a.m. The bridge owner was not able to provide bridge logs from 
September 21, 1991 through September 23, 1992 because they were damaged 
by water during a storm in December, 1992.
    The present operating regulations require the Glen Island Bridge to 
open on signal at all times. The proposed regulations would allow the 
bridge to remain closed from 1 May through 31 October, between 12 
midnight and 8 a.m., and from 1 November through 30 April, between 8 
p.m. and 8 a.m. These closed periods will relieve the bridge owner from 
the unnecessary burden of having the bridge manned with drawtenders at 
all times.

Discussion of Proposed Amendments

    The bridge owner, Westchester County, requested a change to the 
present general operating regulations which require the bridge to open 
on signal at all times. It is proposed that 33 CFR 117.802 be added to 
provide that the Glen Island Bridge need not open [[Page 5344]] from 1 
May through 31 October, between 12 midnight and 8 a.m., and from 1 
November through 30 April, between 8 p.m. to 8 a.m. At all other times 
the bridge will open on signal. This change to the regulations is being 
proposed due to infrequent request for openings during the above time 
periods and will relieve the bridge owner of the burden of having 
personnel at the bridge at all times.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact to be 
so minimal that a full Regulatory Evaluation, under paragraph 10e of 
the regulatory policies and procedures of DOT, is unnecessary. This 
conclusion is based on the fact that the regulation will not prevent 
mariners from transiting the bridge. It will only require that mariners 
plan their transits.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this action will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their fields and that otherwise qualify as 
``small business concerns'' under Section 3 of the Small Business Act 
(15 U.S.C. 632). Because of the reasons discussed in the Regulatory 
Evaluation above, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this action, if adopted, will not have a significant economic impact on 
a substantial number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria contained in Executive Order 12612, and it has 
determined that this proposed regulation does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2.e(32)(e) of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.802 is added to read as follows:


Sec. 117.802  New Rochelle Harbor.

    (a) The draw of the Glen Island Bridge, mile 0.8 over New Rochelle 
Harbor, shall open on signal, except as follows:
    (1) The draw need not open from 1 May through 31 October, between 
12 midnight and 8 a.m.
    (2) The draw need not open from 1 November through 30 April, 
between 8 p.m. and 8 a.m.
    (b) The owners of the bridge shall provide, and keep in good 
legible condition, clearance gauges for each draw with figures not less 
than twelve (12) inches high, designed, installed and maintained 
according to the provisions of Sec. 118.160 of this chapter.

    Dated: January 17, 1995.
R.R. Clark,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 95-2090 Filed 1-26-95; 8:45 am]
BILLING CODE 4910-14-M