[Federal Register Volume 66, Number 75 (Wednesday, April 18, 2001)]
[Rules and Regulations]
[Pages 19856-19857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9535]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-011]
RIN 2115-AE47


Drawbridge Operation Regulations: Harlem River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulations for the two Broadway bridges, at mile 6.8, across 
the Harlem River at New York City, New York. This temporary rule will 
allow the bridge owner to need not open the bridges for the passage of 
navigation from May 15, 2001 through August 15, 2001, in order to 
facilitate bridge painting operations at the bridge. Vessels that can 
pass under the bridges without bridge openings may do so at any time.

DATES: This rule is effective from May 15, 2001 through August 15, 
2001.

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 (CGD01-01-011) 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. Joseph Arca, Project Officer, 
First Coast Guard District, (212) 668-7069.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 6, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Harlem River, New 
York, in the Federal Register (66 FR 13460). We received no comments in 
response to the notice of proposed rulemaking. No public hearing was 
requested and none was held.

Background and Purpose

    The two Broadway bridges, at mile 6.8, across the Harlem River have 
a vertical clearance of 24 feet at mean high water and 29 feet at mean 
low water. The existing operating regulations at 33 CFR 117.789(c) 
require the two Broadway bridges to open on signal from 10 a.m. to 5 
p.m. if at least a four-hour advance notice is given. From 5 p.m. to 10 
a.m. the bridges need not open for vessel traffic.
    The owner of the bridges, the New York City Department of 
Transportation (NYCDOT), requested a temporary change to the operating 
regulations for the bridges to allow the bridges to remain in the 
closed position from May 15, 2001 through August 15, 2001, to 
facilitate painting operations. Vessels that can pass under the bridges 
without openings may do so at all times.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking and no changes will be made to this final rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of

[[Page 19857]]

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 keeping the bridges closed 
should have no significant impact on navigation because the bridges 
opened only one time from 1999 through 2001.

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 closure of the 
bridges should have no significant impact on navigation because the 
bridges have opened only one time from 1999 through 2001.

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 written ``Categorical Exclusion Determination'' 
is not required for this final 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 May 15, 2001 through August 15, 2001, Sec. 117.789 is 
temporarily amended by suspending paragraph (c) and adding a new 
paragraph (g) to read as follows:


Sec. 117.789  Harlem River.

* * * * *
    (g) The draws of the bridges at 103rd Street, mile 0.0, Willis 
Avenue, mile 1.5, 3rd Avenue, mile 1.9, Madison Avenue, mile 2.3, 145th 
Street, mile 2.8, Macombs Dam, mile 3.2, and 207th Street, mile 6.0, 
shall open on signal from 10 a.m. to 5 p.m. if at least a four-hour 
advance notice is given to the New York City Highway Radio (Hotline) 
Room. The two Broadway bridges, mile 6.8, need not open for vessel 
traffic.

    Dated: April 9 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-9535 Filed 4-17-01; 8:45 am]
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