[Federal Register Volume 65, Number 82 (Thursday, April 27, 2000)]
[Proposed Rules]
[Pages 24664-24666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10454]



[[Page 24664]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-067]
RIN 2115-AE47


Drawbridge Operation Regulations; Gowanus Canal, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the operating rules for 
four New York City bridges across the Gowanus Canal; the Ninth Street 
Bridge, at mile 1.4, the Third Street Bridge, at mile 1.8, the Carroll 
Street Bridge, at mile 2.0, and the Union Street Bridge, at mile 2.1, 
all in Brooklyn, New York. The bridge owner asked the Coast Guard to 
change the regulations to require a two-hour advance notice for 
openings. This action will relieve the owner of the bridge from the 
requirement to crew these bridges 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 (CGD-01-99-
067), 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

Ninth Street Bridge

    The Ninth Street Bridge, at mile 1.4, across the Gowanus Canal at 
Brooklyn, has a vertical clearance of 5 feet at mean high water and 9 
feet at mean low water. The existing operating regulations for the 
Ninth Street Bridge require the bridge to open on signal at all times.

Third Street Bridge

    The Third Street Bridge, at mile 1.8, across the Gowanus Canal at 
Brooklyn, has a vertical clearance of 10 feet at mean high water and 14 
feet at mean low water. The existing operating regulations in 33 CFR 
117.787, require the draw to open on signal at all times; except that, 
from May 1 through September 30, the draw shall open on signal after 
six-hour advance notice is given to the New York City Highway 
Department's Radio (Hotline) Room.

Carroll Street Bridge

    The Carroll Street Bridge, at mile 2.0, has a vertical clearance of 
3 feet at MHW and 7 feet at MLW. The existing regulations require the 
draw to open on signal at all times; except that, from May 1 through 
September 30, the draw shall open after a six-hour advance notice is 
given to the New York City Highway Department's Radio (Hotline) Room.

Union Street Bridge

    The Union Street Bridge, at mile 2.1, has a vertical clearance of 9 
feet at MHW and 13 feet at MLW. The existing regulations require the 
draw to open on signal at all times; except that, from May 1 through 
September 30, the draw shall open after a six-hour advance notice is 
given to the New York City Highway Department's Radio (Hotline) Room.
    The owner of all four bridges, the New York City Department of 
Transportation (NYCDOT), submitted bridge opening log data to the Coast 
Guard for review.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  1991      1992      1993      1994      1995      1996      1997      1998      1999
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ninth.........................................................       864       984       927       836         0         0         0         0       423
Third.........................................................       410       549       663       732       432       256       149       107       244
Carroll.......................................................       517       627       669       704       432       245       142       114       228
Union.........................................................       502       547       657       713       432       236       144       104       245
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The bridge owner plans to operate these bridges with a roving crew 
of drawtenders. A review of the monthly breakdown of the opening data 
did not identify any months that had a significantly higher number of 
openings that would make the roving crew concept unworkable. The 
waterway users are all commercial vessels which operate year round. 
They presently provide a six-hour advance notice May 1 through 
September 30 at all the above bridges except the Ninth Street Bridge 
which is required to open on signal. The bridge owner has requested 
that all four bridges open after a two-hour advance notice is given 
year round. This advance notice requirement will allow the bridge owner 
to use a roving crew of drawtenders to operate these bridges. The Coast 
Guard believes this proposed rule is reasonable based upon the fact 
that three of the bridges presently open after a six-hour notice May 1 
through September 30, which is greater than the proposed two-hour 
notice during those five months. The Coast Guard believes that the two-
hour advance notice October 1 through April 30 is reasonable because 
the bridges will still open on signal provided the two-hour notice is 
given. The commercial vessel transits on Gowanus Canal are scheduled in

[[Page 24665]]

advance. Providing a two-hour notice for bridge openings for the 
additional seven months of the year, October 1 through April 30, should 
not prevent vessels from transiting the waterway in a timely manner. 
The reduction from six-hours advance notice to two-hours advance notice 
during the remaining five months of the year, May 1 through September 
30, should make vessel transits easier to schedule during that time 
period. This proposed rule is expected to relieve the bridge owner of 
the burden of crewing each bridge continually, establish a consistent 
bridge operating schedule for the bridges listed in this rulemaking, 
and still meet the reasonable needs of navigation.

Discussion of Proposal

    The Coast Guard proposes to revise the operating regulations for 
the Gowanus Canal at 33 CFR 117.787 as follows:

Ninth Street Bridge

    Add operating regulations for the Ninth Street Bridge, mile 1.4, 
Across the Gowanus Canal to require that the draw shall open on signal, 
if at least a two-hour advance notice is given.

Third Street Bridge

    Revise the operating regulations for the Third Street Bridge, mile 
1.8, across the Gowanus Canal to require that the draw shall open on 
signal, if at least a two-hour advance notice is given.

Carroll Street Bridge

    Revise the operating regulations for the Carroll Street Bridge, 
mile 2.0, across the Gowanus Canal to require that the draw shall open 
on signal, if at least a two-hour advance notice is given.

Union Street Bridge

    Revise the operating regulations for the Union Street Bridge, mile 
2.1, across the Gowanus Canal to require that the draw shall open on 
signal, if at least a two-hour advance notice is given.
    Notice for bridge openings shall be given to the NYCDOT Hotline or 
NYCDOT Bridge Operation Office.
    The bridge owner plans to use two crews of drawtenders to operate 
the Gowanus Canal bridges. The use of two crews is expected to provide 
bridge openings in a timely manner. The Hamilton Avenue Bridge, mile 
1.2, also across Gowanus Canal was not included in the roving 
drawtender plan because the frequency of bridge openings were 
considerably higher than the other bridges on this waterway.

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 upon the fact that three of the bridges presently 
open after a six-hour notice May 1 through September 30, which is 
greater than the proposed two-hour notice during those five months. The 
Coast Guard believes that the two-hour advance notice October 1 through 
April 30 is reasonable because the bridges will still open on signal 
provided the two-hour notice is given. The commercial vessel movements 
on Gowanus Canal are scheduled in advance by the commercial operators. 
Providing two-hours notice for bridge opening for the additional seven 
months of the year, October 1 through April 30, should not prevent 
vessels from still transiting the waterway 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), for 
reasons discussed in the Regulatory Evaluation section above, 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 three of the bridges presently open after a six-hour notice 
May 1 through September 30, which is greater than the proposed two-hour 
notice during those five months. The Coast Guard believes that the two-
hour advance notice October 1 through April 30 is reasonable because 
the bridges will still open on signal provided the two-hour notice is 
given. The commercial vessel transits on Gowanus Canal are scheduled in 
advance by the commercial operators. Providing two-hours notice for 
bridge openings for the additional seven months of the year, October 1 
through April 30, when the bridge formerly opened on signal, should not 
prevent vessels from still 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 Executive Order 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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety

[[Page 24666]]

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

    2. Section 117.787 is revised to read as follows:


Sec. 117.787  Gowanus Canal.

    The draws of the Ninth Street Bridge, mile 1.4, the Third Street 
Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and the Union 
Street Bridge, mile 2.1, at Brooklyn, shall open on signal if at least 
a two-hour advance notice is given to either the New York City 
Department of Transportation (NYCDOT) Radio Hotline or the NYCDOT 
Bridge Operations Office.

    Dated: April 12, 2000.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 00-10454 Filed 4-26-00; 8:45 am]
BILLING CODE 4910-15-M