[Federal Register Volume 65, Number 143 (Tuesday, July 25, 2000)]
[Rules and Regulations]
[Pages 45716-45718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18683]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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: This rule is effective August 24, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-99-029) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 25, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Westchester Creek, 
Bronx River and Hutchinson River, New York, in the Federal Register (65 
FR 24162). We received no comments in response to the notice of 
proposed rulemaking. No public hearing was requested and none was held.

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

[[Page 45717]]

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 plan 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, respectively to two-hours advance 
notice for both bridges.

Discussion of Proposal

    The Coast Guard is revising 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 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. 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; February 26, 
1979). 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 rule would have a significant economic impact 
on a substantial number of small entities. ``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 less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
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.

Collection of Information

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

Federalism

    We have analyzed this 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 unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 45718]]

minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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

    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 
available in the docket for inspection or copying 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 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. 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: July 17, 2000.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 00-18683 Filed 7-24-00; 8:45 am]
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