[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)] [Proposed Rules] [Pages 23409-23410] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-11211] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 117 [CGD01-97-018] RIN 2115-AE47 Drawbridge Operation Regulations; Bronx River, New York AGENCY: Coast Guard, DOT. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to change the operating rules for the Bruckner Boulevard Bridge, over the Bronx River in the Bronx, New York. In addition, the location of bridge in this section will be more clearly identified and redundant language regarding openings for public vessels and vessels in distress will be removed. The owner of the bridge has requested that 4 hours notice for openings be provided, except between 7 a.m. and 9 a.m. and 4 p.m. and 6 p.m., Monday through Friday, when the bridge need not open for the passage of vessels. This change is expected to provide for the needs of navigation and relieve the bridge owner of the burden of crewing the bridge at all times. DATES: Comments must be received on or before June 30, 1997. ADDRESSES: Comments should be mailed to Commander (obr), First Coast Guard District, Building 135A, Governors Island, New York, 10004-5073. The telephone number is (212) 668-7165. Comments will become part of this docket and will be available for inspection or copying at the above address. FOR FURTHER INFORMATION CONTACT: Mr. J. Arca, project officer, First Coast Guard District, (212) 668- 7069. SUPPLEMENTARY INFORMATION: Request for Comments The Coast Guard encourages interested persons to participate in this rulemaking by submitting written data, views, or arguments. Persons submitting comments should include their names and addresses, identify this notice (CGD01-97-018), and the specific section of the proposal to which their comments apply, and give reasons for each comment. Persons wanting acknowledgment of receipt of comments should enclose a stamped, self-addressed post card or envelope. The Coast Guard will consider all comments received during the comment period. It may change this proposal in view of the comments. The Coast Guard plans no public hearing; however, persons may request a public hearing by writing to the address under ADDRESSES. If it is determined 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. Background and Purpose The Bruckner Boulevard Bridge, at mile 1.1, over the Bronx River in the Bronx, New York, has vertical clearances of 27' above mean high water (MHW) and 34' above mean low water (MLW) in the closed position. The existing rules at 33 CFR part 117.771(a) require the Bruckner Boulevard Bridge to open on signal, except during designated rush hour periods. On September 27, 1988, the Coast Guard approved plans for the rehabilitation of the bridge. To facilitate the work, a temporary final rule (54 FR 18282, April 28, 1989) was approved, permitting the bridge to remain closed for 36 months from April 9, 1989, through April 9, 1992. Prior to the rehabilitation of the bridge, there were three openings recorded in 1988. Since the rehabilitation was completed in 1992, there have been no requests for openings. Discussion of Proposed Amendments This proposal will amend 33 CFR 117.771 to require at least a 4 hour advance notice be given to the bridge owner for openings of the Bruckner Boulevard Bridge, except between 7 a.m. and 9 a.m., and 4 p.m., and 6 p.m., Monday through Friday, when the bridge need not open. The locations of the Bruckner Boulevard and Conrail Bridges are unclear in the existing regulation. This proposal correctly identifies the locations of the bridges as the Bronx, New York. The requirement that public vessels and vessels in distress be passed as soon as possible will be removed from section 117.771 since it is now a requirement under section 117.31 of the general operating regulations. Regulatory Evaluation This rule 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 not been reviewed 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 of this rule to be so minimal that [[Page 23410]] 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 information from the bridge owner indicates that there have been no requests for openings since 1992. This rule will not prevent mariners from passing through the Bruckner Boulevard Bridge so long as they provide advance notice. Small Entities The Coast Guard has considered the economic impact of this rule on small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). For the reasons discussed in the Regulatory Evaluation above, the Coast Guard has determined that this rule will not affect 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 rule in accordance with the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant preparation of a Federalism Assessment. Environment The Coast Guard considered the environmental impact of this rule and concluded that, under section 2.B.2.e.(32)(e) of Commandant Instruction M16475.1B, (as revised by 60 FR 32197, June 20, 1995), this rule promulgates operating regulations for drawbridges and is categorically excluded from further environmental documentation. List of Subjects in 33 CFR part 117 Bridges. Proposed Regulation For the reasons set out in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117--[AMENDED] 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 117.771 is revised to read as follows: Sec. 117.771 Bronx River. (a) The draw of the Bruckner Boulevard Bridge, mile 1.1, at the Bronx, New York, shall open on signal if at least 4 hours notice is given to the New York City Department of Transportation (NYCDOT) Radio Hotline, or NYCDOT Bridge Operations office, except that between 7 a.m. and 9 a.m., and 4 p.m. and 6 p.m. Monday through Friday, the bridge need not be opened for the passage of vessels. (b) The draw of the Conrail Bridge, mile 1.6 at the Bronx, New York, need not be opened for the passage of vessels. (c) The owners of the Bruckner Boulevard Bridge, mile 1.1, and the Conrail Bridge, mile 1.6, both at the Bronx, New York, shall provide and keep in good legible condition two clearance gauges designed, installed and maintained in accordance with the provisions of Sec. 118.160 of this chapter. Dated: April 16, 1997. J.L. Linnon, Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District. [FR Doc. 97-11211 Filed 4-29-97; 8:45 am] BILLING CODE 4910-14-M