[Federal Register Volume 64, Number 201 (Tuesday, October 19, 1999)]
[Rules and Regulations]
[Pages 56252-56253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27282]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-175]
RIN 2115-AE47


Drawbridge Operation Regulations: Harlem River, Newtown Creek, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Willis Avenue Bridge, mile 1.5, and the 
Madison Avenue Bridge, mile 2.3, both across the Harlem River, and the 
Pulaski Bridge, mile 0.6, across Newtown Creek in New York City, New 
York. This temporary final rule allows the bridge owner to close the 
above three bridges on November 7, 1999, as follows: Willis Avenue and 
Madison Avenue bridges from 11 a.m. to 5 p.m.; Pulaski Bridge from 
10:30 a.m. to 3 p.m. This action is necessary for public safety and to 
facilitate a public function, the New York City Marathon.

DATES: This temporary final rule is effective on November 7, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (617) 
223-8364.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Supervisory Bridge 
Management Specialist, at (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory History

    The Coast Guard has determined that good cause exists under the 
Administrative Procedure Act (5 U.S.C. 553) to forego notice and 
comment for this rulemaking because notice and comment are 
impracticable. The Coast Guard believes notice and comment are 
impracticable because the requested closures are of such short 
duration. In the last two years, there have been few requests to open 
these bridges on Sunday during the hours they will be closed. Vessel 
traffic on the Harlem River and Newtown Creek is mostly commercial 
vessels that normally pass under the draws without openings. The 
commercial vessels that do require openings are work barges that do not 
operate on Sundays. The Coast Guard, for the reasons just stated, has 
also determined that good cause exists for this rule to be effective 
less than 30 days after it is published in the Federal Register.

Background and Purpose

    The Willis Avenue Bridge, mile 1.5, across the Harlem River has a 
vertical clearance of 24 feet at mean high water (MHW) and 30 feet at 
mean low water (MLW) in the closed position. The Madison Avenue Bridge, 
mile 2.3, across the Harlem River has a vertical clearance of 25 feet 
at MHW and 29 feet at MLW in the closed position. The Pulaski Bridge 
across Newtown Creek, mile 0.6, has a vertical clearance of 39 feet at 
MHW and 43 feet at MLW in the closed position.
    The current operating regulations for the Willis Avenue and Madison 
Avenue bridges, listed at 33 CFR 117.789(c), require the bridges to 
open on signal from 10 a.m. to 5 p.m., if at least four-hours notice is 
given to the New York City Highway Radio (hotline) Room. The current 
operating regulations for the Pulaski Bridge require it to open on 
signal at all times.
    The bridge owner, New York City Department of Transportation 
(NYCDOT), requested a temporary change to the operating regulations 
governing the Willis Avenue Bridge, the Madison Avenue Bridge, and the 
Pulaski Bridge, to allow the bridges to

[[Page 56253]]

remain in the closed position at different times on November 7, 1999, 
to facilitate the running of the New York City Marathon. Vessels that 
can pass under the bridges without bridge openings may do so at all 
times during these bridge closures.

Regulatory Evaluation

    This temporary final 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; Feb. 26, 1979). The Coast Guard expects the economic impact 
of this final rule 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 requested 
closures are of short duration and on Sunday when there have been few 
requests to open these bridges.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this temporary final 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 jurisdictions with 
populations 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 temporary 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 temporary final rule in 
accordance with the principles and criteria contained in Executive 
Order 12612 and has determined that this temporary final 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 
temporary final rule and concluded that, under Section 2.B.2., Figure 
2-1, paragraph (32)(e), of Commandant Instruction M16475.1C, this 
temporary final rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found not to have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this temporary final rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 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. From 10 a.m. through 5 p.m. on November 7, 1999, Sec. 117.789 is 
temporarily amended by suspending paragraph (c) and adding a new 
paragraph (g) to read as follows:


Sec. 117.789  Harlem River.

* * * * *
    (g) The draws of the bridges at 103rd Street, mile 0.0, 3rd Avenue, 
mile 1.9, 145th Street, mile 2.8, Macombs Dam, mile 3.2, 207th Street, 
mile 6.0, and the two Broadway Bridges, mile 6.8, shall open on signal 
if at least four hours notice is given to the New York City Highway 
Radio (Hotline) Room. The Willis Avenue Bridge, mile 1.5, and Madison 
Avenue Bridge, mile 2.3, may remain in the closed position.
    3. From 10:30 a.m. through 3 p.m. on November 7, 1999, Sec. 117.801 
is temporarily amended by suspending paragraph (a)(4) and adding a new 
paragraph (a)(5) and a new paragraph (f) to read as follows:


Sec. 117.801  Newtown Creek, Dutch Kills, English Kills, and their 
tributaries.

(a) * * * * *
    (5) Except as provided in paragraphs (b) through (f) of this 
section, each draw shall open on signal.
* * * * *
    (f) The draw of the Pulaski Bridge, mile 0.6, across Newtown Creek, 
may remain closed.

    Dated: October 8, 1999.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District
[FR Doc. 99-27282 Filed 10-18-99; 8:45 am]
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