[Federal Register Volume 63, Number 97 (Wednesday, May 20, 1998)]
[Rules and Regulations]
[Pages 27679-27680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13401]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD1-95-002]
RIN 2115-AE47


Drawbridge Operation Regulations; New Rochelle Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the Glen 
Island Bridge, mile 0.8, across New Rochelle Harbor in New Rochelle. 
The change requires two hours advance notice for openings between the 
hours of 12 midnight and 6 a.m. from May 1 through October 31, and 
twenty-four hours advance notice between the hours of 8 p.m. and 8 a.m. 
from November 1 through April 30. This change was requested by the 
Westchester County Department of Parks because of the few requests for 
bridge openings during these time periods. This action relieves the 
bridge owner of the burden of having personnel constantly available to 
open the bridge and should provide for the reasonable needs of 
navigation. This change to the regulations will also require the bridge 
owner to install and maintain clearance gauges.

DATES: This final rule is effective June 19, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, Battery 
Park Bldg., New York, New York 10004-5073, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (212) 
668-7069.

FOR FURTHER INFORMATION CONTACT: Mr. J. Arca, project officer, First 
Coast Guard District, Bridge Branch. The telephone number is (212) 668-
7069.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On January 27, 1995, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulations; New Rochelle 
Harbor, NY'' in the Federal Register (60 FR 5343). Ninety-eight 
comments expressing opposition to the proposal were received. No public 
hearing was requested and none was held. Following revision of the 
regulation request by Westchester County, the Coast Guard, on May 13, 
1996, published a supplemental notice of proposed rulemaking entitled 
``Drawbridge Operation Regulations; New Rochelle Harbor, New York'' in 
the Federal Register (61 FR 22002). The Coast Guard received sixteen 
letters commenting on this supplemental notice of proposed rulemaking. 
No public hearing was requested, and none was held.

Background

    The Glen Island Bridge has a vertical clearance of 13 feet above 
Mean High Water (MHW) and 20 feet above Mean Law Water (MLW) in the 
closed position. The bridge is presently required to open on signal. 
The new regulations will provide openings on signal with two hours 
advance notice between the hours of 12 midnight and 6 a.m. from May 1 
through October 31, and twenty-four hours advance notice between the 
hours of 8 p.m. and 8 a.m. from November 1 through April 30.
    From May 1994, through October 1994, there were thirty two bridge 
openings between midnight and 6 a.m. From November 1994, through April 
1995, there ware twenty openings between 8 p.m. and 8 a.m. The existing 
regulations are being changed to provide Westchester County relief from 
having an operator in constant attendance at the bridge since there is 
limited demand for bridge openings during the regulated periods.

Discussion of Comments and Changes

    Sixteen comments were received in response to the supplemental 
notice of proposed rulemaking. One expressed no objection; one comment 
from Westchester County Department of Parks endorsed the proposal; 
fourteen comments objected to the proposal. Of those fourteen, eight 
objected because of the misconception that the bridge will not open for 
marine traffic and they will be forced to use the back for channel. The 
back channel is considered dangerous for nighttime passage due to the 
shallowness and narrowness of the channel and the lack of lighted aids 
to navigation. This concern is dispelled since the bridge will open 
when needed except an advance notice for openings will be required. 
Additionally, the waterway provides sufficient area for mariners to 
anchor nearby while waiting for an opening. Three objections expressed 
concern that approval of the request would lead to further encroachment 
on the full time operating hours of the bridge. An approved request for 
change to operating regulations is not a valid basis for subsequent 
approval of additional changes. In the event that further changes are 
sought, if warranted the Coast Guard will reinitiate notice and comment 
rulemaking. All requests to change regulations are examined in light of 
the reasonable needs of navigation. One objection expressed concern 
that vessel appurtenances would have to be lowered. 33 CFR 117.11(a) 
requires that, ``No vessel owner or operator shall (a) Signal a 
drawbridge to open if the vertical clearance is sufficient to allow the 
vessel, after all lowerable non-structural vessel appurtenances that 
are not essential to navigation have been lowered, to safely pass under 
the drawbridge in the closed position.'' Only those vessel 
appurtenances that are non-structural and non-essential to navigation 
have to be lowered in accordance with the law. One commentor requested 
installation of a marine radio at the bridge. Installation of marine 
radio is unnecessary since the waterway is strictly recreational and 
the majority of bridge openings are for sailboats most of which are not 
equipped with marine radio. Installation of a marine radio will not 
enhance marine safety and would be an unnecessary economic burden on 
the bridge owner. The final objection, from the Westchester County 
Board of Legislators, included a legislative resolution urging denial 
of the requested change by the Coast Guard based on the deterrent to 
criminal activity in the adjacent park offered by constant attendance 
on the bridge. Marine safety concerns were cited as well. Because of 
opposing views on the regulation change by two elements of Westchester 
County government, the Coast Guard requested, by letter dated February 
26, 1997, that the County Executive reiterate the County's position. By 
letter March 20, 1997, the Commissioner of the Westchester County 
Department of Parks, on behalf of the County Executive indicated the 
County's continued desire to seek the proposed regulation change. A 
telephone conversation with Parks Commissioner DeSantis on 31 March 
1997 provided further confirmation.
    The infrequent requests for bridge openings during the regulated 
period and the ability to obtain bridge openings by providing advance 
notice makes the requested regulation change reasonable.

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

[[Page 27680]]

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 a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This final 
rule adopts the operating hours which the Coast Guard believes to be 
appropriate since the recreational boaters that use this waterway 
seldom transit during night time and thus, a requirement for the bridge 
operator to be present during all time periods, is unwarranted. The 
Coast Guard believes this final rule achieves the requirement of 
balancing the navigational rights of recreational boaters and the needs 
of land based transportation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdiction with populations of less than 
50,000. Therefore, for the reasons discussed in the Regulatory 
Evaluation section above, the Coast Guard certifies under section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (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 the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under Figure 2-1, paragraph 32(e), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found to not have a significant effect 
on the environment. A ``Categorical Exclusion Determination'' is not 
required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 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); 
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Add Sec. 117.082 to read as follows:


Sec. 117.802  New Rochelle Harbor.

    (a) The draw of the Glen Island Bridge, mile 0.8, at New Rochelle, 
New York, shall open on signal, except as follows:
    (1) two hours advance notice shall be given for openings from 12 
midnight to 6 a.m. from May 1st through October 31st by calling the 
number posted at the bridge.
    (2) twenty-four hours advance notice shall be given for openings 
from 8 p.m. to 8 a.m. from November 1st through April 30th by calling 
the number posted at the bridge.
    (b) The owner of the bridge shall provide, and keep in good legible 
condition, clearance gauges 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: May 6, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-13401 Filed 5-19-98; 8:45 am]
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