[Federal Register Volume 65, Number 148 (Tuesday, August 1, 2000)]
[Rules and Regulations]
[Pages 46868-46870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19396]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-067]
RIN 2115-AE47


Drawbridge Operation Regulations: Gowanus Canal, New York

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing 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: 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 (CGD01-99-067) 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 27, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Gowanus Canal, New 
York, in the Federal Register (65 FR 24664). We received no comments in 
response to the notice of proposed rulemaking. No public hearing was 
requested and none was held.

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.

[[Page 46869]]

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 a 
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 
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 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. 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 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 is revising 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, 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, 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 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 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 openings 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 rule would have a

[[Page 46870]]

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 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.

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 117.787 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 the New York City Department of 
Transportation (NYCDOT), Radio Hotline, or the NYCDOT Bridge Operations 
Office.

    Dated: July 19, 2000.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 00-19396 Filed 7-31-00; 8:45 am]
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