[Federal Register Volume 66, Number 57 (Friday, March 23, 2001)]
[Rules and Regulations]
[Pages 16128-16129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7292]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-032]
RIN 2115-AE47


Drawbridge Operation Regulations: Newtown Creek, Dutch Kills, 
English Kills and Their Tributaries, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Pulaski Bridge, at mile 0.6, across the 
Newtown Creek between Brooklyn and Queens, New York. This temporary 
final rule allows the bridge owner to need open only one bascule span 
for the passage of vessel traffic from April 23, 2001 through August 
31, 2001. This action is necessary to facilitate maintenance at the 
bridge.

DATES: This temporary final rule is effective from April 23, 2001 
through August 31, 2001.

ADDRESSES: The public docket and all documents referred to in this 
notice 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. Joseph Schmied, Project Officer, 
First Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM. The Coast Guard mailed letters to all known waterway 
users advising of the proposed single span operation. No objections or 
negative comments were received. No vessels known to use the waterway 
would be precluded from navigation during single span operation. 
Accordingly, an NPRM was deemed unnecessary. Additionally, conclusive 
information from the bridge owner confirming the start date for this 
single span bridge operation was not provided to the Coast Guard until 
February 26, 2001. As a result, it was impracticable to draft or 
publish a NPRM or a final rule in advance of the requested start date 
for this necessary maintenance. Any delay encountered in this 
regulation's effective date would be contrary to the public interest.

Background

    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.
    The bridge owner, New York City Department of Transportation, 
requested a single bascule span operation in order to facilitate 
sandblasting and painting at the bridge. The Coast Guard contacted all 
known users by letter advising of this proposed single span operation. 
No objections or negative comments were received.

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 bridge will 
continue to open at all times for navigation.

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 bridge will 
continue to open on signal at all times for navigation.

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).

[[Page 16129]]

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 written ``Categorical Exclusion Determination'' 
is not required for this rule.

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. From April 23, 2001 through August 31, 2001, Sec. 117.801 is 
temporarily amended by adding a new paragraph (a)(3) and a new 
paragraph (h) to read as follows:


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

    (a) * * *
    (3) Except as provided in paragraphs (b) through (h) of this 
section, each draw shall open on signal.
* * * * *
    (h) The Pulaski Bridge, at mile 0.6, across Newtown Creek, need 
open only one bascule span for the passage of vessel traffic.

    Dated: March 16, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-7292 Filed 3-20-01; 3:29 pm]
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