[Federal Register Volume 65, Number 148 (Tuesday, August 1, 2000)]
[Rules and Regulations]
[Pages 46870-46872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19395]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-069]
RIN 2115-AE47


Drawbridge Operation Regulations: Newtown Creek, Dutch Kills, 
English Kills and their tributaries, New York

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations for six New York City bridges: The Pulaski Bridge, at mile 
0.6, across Newtown Creek between Brooklyn and Queens; the Greenpoint 
Avenue Bridge, at mile 1.3, across the Newtown Creek between Brooklyn 
and Queens; the Grand Street/Avenue Bridge, at mile 3.1, across Newtown 
Creek (East Branch) between Brooklyn and Queens; the Metropolitan 
Avenue Bridge, at mile 3.4, across English Kills at Brooklyn; the 
Borden Avenue Bridge, at mile 1.2, across Dutch Kills at Queens; and 
the Hunters Point Avenue Bridge, at mile 1.4, across Dutch Kills at 
Queens all in New York.
    The bridge owner asked the Coast Guard to change the regulations to 
require a two-hour advance notice for openings. It is expected to 
relieve the bridge owner from the requirement to crew the bridges at 
all times by using multiple crews of drawtenders and still meet the 
reasonable needs of navigation.

DATES: This rule is effective August 31, 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 (CGD01-99-069) 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: John W. McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

[[Page 46871]]

Regulatory Information

    On April 24, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Newtown Creek, Dutch 
Kills, English Kills and their tributaries, New York, in the Federal 
Register (65 FR 21683). We received no comments in response to the 
notice of proposed rulemaking. No public hearing was requested and none 
was held.

Background and Purpose

Pulaski Bridge

    The Pulaski Bridge, at mile 0.6, across Newtown Creek between 
Brooklyn and Queens has a vertical clearance of 39 feet at mean high 
water and 43 feet at mean low water. The existing regulations require 
the draw to open on signal at all times.

Greenpoint Bridge

    The Greenpoint Avenue Bridge, at mile 1.3, across the Newtown Creek 
between Brooklyn and Queens has a vertical clearance of 26 feet at mean 
high water and 31 feet at mean low water. The existing regulations 
require the draw to open on signal at all times.

Grand Street/Avenue Bridge

    The Grand Street/Avenue Bridge, at mile 3.1 across the Newtown 
Creek (East Branch) between Brooklyn and Queens has a vertical 
clearance of 8 feet above mean high water and 12 feet at mean low 
water. The existing operating rules for the Grand Street/Avenue Bridge, 
listed at 33 CFR 117.801(e), require the bridge to open on signal 
unless the drawtender is at the Borden Avenue, Hunters Point Avenue or 
Roosevelt Island Bridges. In this event a notice to the New York City 
Department of Transportation (NYCDOT) Radio Hotline, or NYCDOT Bridge 
Operations Office shall be given, resulting in up to a one-hour delay.

Metropolitan Avenue Bridge

    The Metropolitan Avenue Bridge, at mile 3.4, across the English 
Kills at Brooklyn has a vertical clearance of 10 feet above mean high 
water and 15 feet above mean low water. The existing operating 
regulations require the draw to open on signal at all times.

Borden Avenue Bridge

    The Borden Avenue Bridge, at mile 1.3, across the Dutch Kills has a 
vertical clearance of 4 feet at mean high water and 9 feet at mean low 
water. The existing regulations in 33 CFR 117.801(c) require the draw 
to open on signal if at least a one-hour advance notice is given to the 
drawtender at the Grand Street/Avenue Bridge, the New York City 
Department of Transportation Radio Hotline or NYCDOT Bridge Operations 
Office. In the event the drawtender is at the Roosevelt Island Bridge 
or the Hunters Point Avenue Bridge, up to an additional half-hour delay 
may occur.

Hunters Point Avenue Bridge

    The Hunters Point Avenue Bridge, at mile 1.4, over the Dutch Kills 
has vertical clearances of 8 feet at mean high water and 13 feet at 
mean low water. The existing regulations for the Hunters Point Avenue 
Bridge in 33 CFR 117.801(d) require the draw to open on signal if at 
least a one-hour advance notice is given to the drawtender at the Grand 
Street/Avenue Bridge, the NYCDOT Radio Hotline, or NYCDOT Bridge 
Operations Office. In the event the drawtender is at the Roosevelt 
Island Bridge or the Borden Avenue Bridge, up to an additional half-
hour delay may occur.
    The bridge owner, 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 these bridges with multiple 
crews of drawtenders. The two-hour advance notice should allow 
sufficient time for the crews to operate these bridges due to the close 
proximity of the bridges to each other. Recent yearly openings have 
been relatively low which will allow the bridge owner to utilize the 
roving crew concept and still meet the needs of navigation.
    The total number of bridge openings at the above bridges from 1991 
to 1999 are as follows:

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                                   1991     1992     1993     1994     1995     1996     1997     1998     1999
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Pulaski........................      584      426      224      239      206      195      291      518      550
Greenpt........................     1014      880      587      549      498      557      626      920     1016
Grand..........................      419      549      224      254      239      189       37       86       91
Borden.........................      282      107      141        0        0      105       15       37       61
Hunters........................      264      106      141        0        0      113       15       42       77
Metro..........................      301      356      225      310      272      407      432      588      688
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    The monthly distribution of openings for the above bridges were 
equally balanced without any specific months when opening requests were 
significantly greater.

Discussion of Proposal

    This final rule should relieve the bridge owner the burden of 
crewing each bridge continually, and still meet the reasonable needs of 
navigation. A two-hour advance notice requirement for bridge openings 
will enable the bridge owner to utilize multiple crews of drawtenders 
to open these bridges for vessel traffic. The Coast Guard believes the 
roving drawtender concept requiring a two-hour advance notice is 
reasonable and should meet the needs of navigation based upon the low 
number of yearly openings at the bridges, the close proximity of the 
bridges, and the scheduling of commercial vessel transits. The bridges 
will still open on signal at all times provided that the advance notice 
is given. This rule is expected to relieve the bridge owner of the 
burden of crewing each bridge continually and still meet the reasonable 
needs of navigation.
    The Coast Guard is changing the operating regulations for the Grand 
Street/Avenue Bridge, Borden Avenue Bridge, Hunters Point Bridge, 
Metropolitan Bridge, Pulaski Bridge and the Greenpoint Bridge, to 
require a two-hour advance notice for openings at all times.
    Paragraph (a)(1) of 33 CFR 117.801 for public and state vessels 
used for public safety, will be removed because it is now listed at 33 
CFR 117.31 under the general operating regulations for bridges.

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 open 
for marine traffic but

[[Page 46872]]

will require mariners to provide a two-hour notice.

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 on the fact that the bridges will 
still open on signal after a two-hour notice is given.

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 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 117.801 is revised to read as follows:


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

    (a) The following requirements apply to all bridges across Newtown 
Creek, Dutch Kills, English Kills, and their tributaries:
    (1) The owners of all bridges across Newtown Creek, Dutch Kills, 
English Kills and their tributaries listed under this section, shall 
provide and keep in good legible condition two clearance gauges with 
figures not less than 12 inches high designed, installed and maintained 
according to the provisions of Sec. 118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed five minutes. If a train moving 
toward the bridge has crossed the home signal for the bridge before the 
request to open the bridge is given, that train may continue across the 
bridge, but must clear the interlock before stopping.
    (b) The draws of the Long Island Railroad bridges, at mile 1.1, 
across Dutch Kills at Queens, shall open on signal if at least six-
hours advance notice is given to the Long Island Railroad Movement 
Bureau, except as provided in paragraph (a)(2) of this section.
    (c) The draw of the Borden Avenue Bridge, mile 1.2, across Dutch 
Kills at Queens, 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 NYCDOT Bridge Operations Office.
    (d) The draw of the Hunters Point Avenue Bridge, mile 1.4, across 
Dutch Kills at Queens, 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.
    (e) The draw of the Metropolitan Avenue Bridge, mile 3.4, across 
English Kills at New York City, 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.
    (f) The draw of the Grand Street/Avenue Bridge, mile 3.1, across 
Newtown Creek (East Branch) between Brooklyn and Queens, 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.
    (g) The draws of the Pulaski Bridge, mile 0.6, and the Greenpoint 
Avenue Bridge, mile 1.3, both across the Newtown Creek between Brooklyn 
and Queens, shall open on signal if at least a two-hour advance notice 
given to the New York City Department of Transportation (NYCDOT) Radio 
Hotline or NYCDOT Bridge Operations Office.

    Dated: July 19, 2000.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 00-19395 Filed 7-31-00; 8:45 am]
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