[Federal Register Volume 65, Number 80 (Tuesday, April 25, 2000)]
[Proposed Rules]
[Pages 24162-24164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10266]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-070]
RIN 2115-AE47


Drawbridge Operation Regulations; Westchester Creek, Bronx River, 
and Hutchinson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating rules for 
three New York City bridges; the Bruckner Boulevard/Unionport Bridge, 
at mile 1.7, across Westchester Creek at the Bronx, the Bruckner 
Boulevard/Eastern Boulevard Bridge, mile 1.1, across the Bronx River at 
the Bronx, and the Hutchinson River Parkway Bridge, mile 0.9, across 
the Hutchinson River, at the Bronx, all in New York. The bridge owner 
asked the Coast Guard to change the regulations to require a two-hour 
advance notice for openings. This action is expected to relieve the 
owner of the bridge from the requirement to crew each bridge at all 
times by using a roving crew of drawtenders and still meet the 
reasonable needs of Navigation.

DATES: Comments must reach the Coast Guard on or before June 26, 2000.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, or deliver them to the same address between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(617) 223-8364. The First Coast Guard District, Bridge Branch, 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the First 
Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through 
Friday, except, Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-99-
070), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

Bruckner Boulevard/Eastern Boulevard Bridge

    The Bruckner Boulevard/Eastern Boulevard Bridge, mile 1.1, across 
the Bronx River at the Bronx, has a vertical clearance of 27 feet at 
mean high water and 34 feet at mean low water. The existing operating 
regulations for the Bruckner Boulevard/Eastern Boulevard Bridge in 33 
CFR 117.771(a) require the bridge to open on signal if at least a four-
hour advance notice is given to the NYCDOT Radio Hotline, or NYCDOT 
Bridge Operations Office. From 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., 
Monday through Friday, the bridge need not open for vessel traffic.

Hutchinson River Parkway Bridge

    The Hutchinson River Parkway Bridge, mile 0.9, across the 
Hutchinson River at the Bronx, has a vertical clearance of 30 feet at 
mean high water and 38 feet at mean low water. The existing operating 
regulations for the Hutchinson River Parkway Bridge in 33 CFR 
117.793(b) require the bridge to open on signal if at least a six-hour 
advance notice is given.

Bruckner Boulevard/Unionport Bridge

    The Bruckner Boulevard/Unionport Bridge, at mile 1.7, across 
Westchester Creek at the Bronx, has a vertical clearance of 14 feet at 
mean high water and 21 feet at mean low water. The existing operating 
regulations for the Bruckner Boulevard Bridge in 33 CFR 117.815 require 
the bridge to open on signal; except that, from 7 a.m. to 9 a.m. and 4 
p.m. to 6 p.m., Monday through Friday, the draw need not open for 
vessel traffic.
    The owner of the bridges, the New York City Department of 
Transportation (NYCDOT), submitted bridge opening log data to the Coast 
Guard for review. The bridge owner plans to operate all three bridges 
with multiple crews of drawtenders after a two-hour advance notice is 
given. The two-hour advance notice for all three bridges will make the 
advance notice requirement consistent for each bridge allowing 
sufficient time for the roving crews of drawtenders to operate all 
three bridges. The closed periods 7 a.m. to 9 a.m. and 4 p.m. to 6 
p.m., Monday through Friday, for Bruckner Boulevard/Unionport Bridge 
and Bruckner Boulevard/Eastern Boulevard Bridge will not be changed by 
this rule. The number of bridge openings at the three bridges are as 
follows:

------------------------------------------------------------------------
                                                             1998   1999
------------------------------------------------------------------------
Bruckner/Unionport........................................    429    516
Bruckner/Eastern..........................................      0      0
Hutchinson Parkway........................................     75    129
------------------------------------------------------------------------

    The Coast Guard believes that the owner's proposal to use multiple 
crews of roving drawtenders to operate these bridges will meet the 
needs of navigation. The bridge owner will provide additional crews of 
drawtenders in the event the number of bridge opening requests 
increases.
    The Coast Guard believes that the two-hour advance notice is 
reasonable because the bridges will still open on signal, except during 
the closed periods at Bruckner Boulevard/Unionport Bridge and Bruckner 
Boulevard/Eastern Boulevard Bridge, provided the two-hour notice is 
given. The commercial vessel transits on the Bronx River, Hutchinson 
River, Eastchester Creek and Westchester Creek are scheduled in 
advance. Providing a two-hour notice for bridge openings should not 
prevent vessels from transiting the waterway in a timely manner.
    The advance notice time will be reduced at the Bruckner Boulevard/
Eastern Boulevard and the Hutchinson River Parkway bridges from four-
hour and six-hour advance notice,

[[Page 24163]]

respectively to two-hours advance notice for both bridges.

Discussion of Proposal

    The Coast Guard proposed to revise the operating regulations for 
the Bronx River, Hutchinson River (Eastchester Creek) and Westchester 
Creek as follows:

Bruckner Boulevard/Eastern Boulevard Bridge

    Revise the operating regulations at 33 CFR 117.771(a) for the 
Bruckner Boulevard/Eastern Boulevard Bridge, mile 1.1, across the Bronx 
River, to require that the draw shall open on signal if at least a two-
hour advance notice is given. The requirement that the draw need not 
open for vessel traffic, 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday 
through Friday, will remain unchanged by this action.

Hutchinson River Parkway Bridge

    Revise the operating regulations at 33 CFR 117.793(b) for the 
Hutchinson Parkway Bridge, mile 0.9, across the Hutchinson River, to 
require that the draw shall open on signal if at least a two-hour 
advance notice is given.

Bruckner Boulevard/Unionport Bridge

    Revise the operating regulations at 33 CFR 117.815 for the Bruckner 
Boulevard/Unionport Bridge, mile 1.7, across Westchester Creek, to add 
the requirement that the draw open on signal if at least a two-hour 
advance notice be given. The requirement that the draw need not open 
for vessel traffic, 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday 
through Friday, will remain unchanged by this action.
    Requests for bridge openings may be given to the New York City 
Department of Transportation (NYCDOT) Radio Hotline or NYCDOT Bridge 
Operations Office.
    This consistent two-hour advance notice requirement will allow the 
bridge owner to utilize multiple crews of drawtenders to open the 
bridges and still meet the reasonable needs of navigation.
    The Coast Guard believes this roving crew concept will be 
successful because commercial vessel transits are scheduled in advance. 
Providing a two-hour notice for bridge openings should not prevent 
vessels from transiting the waterway in a timely manner.

Regulatory Evaluation

    This proposed 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 6(a)(3) of that Order. 
The Office of Management and Budget has not reviewed it 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).
    We expect the economic impact of this proposed 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 bridges will still open for 
marine traffic provided a two-hour notice is given. Commercial transits 
are scheduled in advance. Providing a two-hour advance notice should 
not prevent vessels from transiting in a timely manner.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 of less than 
50,000.
    The Coast Guard certifies under section 5 U.S.C. 605(b), that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This conclusion is based upon the 
fact that the bridges will still open for all vessel traffic after a 
two-hour advance notice is given. Commercial vessel transits are 
scheduled in advance. Providing a two-hour notice for bridge openings 
should not prevent vessels from transiting the waterway in a timely 
manner.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 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.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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

[[Page 24164]]

under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.771(a) 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 a two-hour advance 
notice is given to the New York City Department of Transportation 
(NYCDOT) Radio Hotline, or the NYCDOT Bridge Operations Office. From 7 
a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday, the bridge 
need not be opened for the passage of vessels.
* * * * *
    3. Section 117.793(b) is revised to read as follows:


Sec. 117.793  Hutchinson River (Eastchester Creek).

* * * * *
    (b) The draw of the Hutchinson River Parkway Bridge, mile 0.9, at 
the Bronx, New York shall open on signal if at least a two-hour notice 
is given to the New York City Department of Transportation (NYCDOT) 
Radio Hotline, or the NYCDOT Bridge Operations Office.
* * * * *
    4. Section 117.815 is revised to read as follows:


Sec. 117.815  Westchester Creek.

    The draw of the Bruckner Boulevard/Unionport Bridge, mile 1.7, at 
the Bronx, New York, 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. The draw need not be opened for vessel traffic from 7 a.m. to 9 
a.m. and 4 p.m. to 6 p.m., Monday through Friday. The owner of the 
bridge shall provide clearance gauges according to the provisions of 
Sec. 118.160 of this chapter.

    Dated: April 12, 2000.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 00-10266 Filed 4-24-00; 8:45 am]
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