[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Proposed Rules]
[Pages 18221-18223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8640]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-041]
RIN 2115-AE47


Drawbridge Operation Regulations; Jamaica Bay and Connecting 
Waterways, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge 
operating regulations governing the operation of the Beach Channel 
Railroad Bridge, at mile 6.7, across Jamaica Bay in New York. This 
proposed temporary change to the drawbridge operation regulations would 
allow the bridge owner to require a twenty-four hours advance notice 
for bridge openings for thirty-one weeks, 6 a.m. to 7 p.m., on each 
Monday, Wednesday and Friday, from April 30, 2001 through November 30, 
2001, and for six weekend days, 6 a.m. to 9 p.m., from Saturday, April 
28, 2001 through Sunday, May 13, 2001. This action is necessary to 
facilitate necessary maintenance at the bridge.

DATES: Comments must reach the Coast Guard on or before April 23, 2001.

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. Joseph Schmied, Project Officer, 
First Coast Guard District, (212) 668-7195.

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 (CGD01-01-
041), 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

[[Page 18222]]

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.

Regulatory Information

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) is 
being published with a shortened comment period of fourteen days 
instead of the normal sixty day comment period because the Coast Guard 
did not receive conclusive information concerning the start date for 
this project from the bridge owner until March 15, 2001. This delay in 
scheduling was unavoidable because the cleaning and painting phase is 
the last phase of a major rehabilitation project for this bridge and 
the completion of other aspects were required before the painting could 
be definitively scheduled.
    The cancellation of weekend commuter rail service has been 
coordinated through New York City Transit Authority to commence on 
April 28, 2001. Advance notification to the public of rail service 
suspension on the six weekend days was required well in advance of the 
anticipated start date so that rail commuters may plan accordingly.
    The Coast Guard project officer attended a meeting on March 1, 
2001, with the major stakeholders that transit this waterway to discuss 
the proposed closures. No objections were received from the 
stakeholders regarding the proposed closures.
    The Coast Guard anticipates that any temporary final rule enacted 
following public notice and comment will be effective in less than 30 
days after publication.
    Any delay encountered in this regulation's effective date would be 
unnecessary and contrary to the public interest because the 
notification of weekend commuter rail service has been given and 
immediate action is needed to in order perform this work at the bridge 
during the spring, summer, and fall months of the year when ambient air 
temperatures and environmental conditions permit effective sand 
blasting and painting.

Background

    The Beach Channel railroad Bridge, at mile 6.7, across Jamaica Bay 
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.
    The bridge owner, the New York City Transit Authority, asked the 
Coast Guard to temporarily change the drawbridge operation regulations 
to require at least a twenty-four hours advance notice be given to open 
the Beach Channel Railroad Bridge for thirty-one weeks on each Monday, 
Wednesday and Friday and for six weekend days in order to facilitate 
structural repairs and painting at the bridge. The Coast Guard 
contacted all known waterway users to advise them of the proposed 
closures. No objections or negative comments were received in response 
this proposal.

Discussion of Proposal

    This proposed temporary change to the drawbridge operation 
regulations would require mariners to provide at least a twenty-four 
hours advance notice for bridge openings for thirty-one weeks from 6 
a.m. to 7 p.m., on each Monday, Wednesday, and Friday, from April 30, 
2001 through November 30, 2001, and from 6 a.m. to 9 p.m., on Saturday 
and Sunday, from April 28, 2001 through May 13, 2001. Advance notice 
may be given by calling the number posted at the bridge.

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 on the fact that the bridge will still continue to 
open daily for navigation.

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), 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 the bridge will still continue to open for navigation daily.
    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 
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.

[[Page 18223]]

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 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 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. From April 28, 2001 through November 30, 2001, Sec. 117.795 is 
temporarily amended by adding a new paragraph (e) to read as follows:


Sec. 117.795  Jamaica Bay and connecting waterways.

* * * * *
    (e) The Beach Channel Railroad Bridge, at mile 6.7, shall open on 
signal after at least a twenty-four hours advance notice is given from 
6 a.m. to 7 p.m., on each Monday, Wednesday, and Friday, from April 30, 
2001 through November 30, 2001, and from 6 a.m. to 9 p.m., on Saturday 
and Sunday, from April 28, 2001 through May 13, 2001. Advance notice 
may be given by calling the number posted at the bridge.

    Dated: April 2, 2001.
Gerald M. Davis,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 01-8640 Filed 4-4-01; 1:42 pm]
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