[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Rules and Regulations]
[Pages 29483-29484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13640]


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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, NY.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulations which govern the Beach Channel Railroad Bridge, 
at mile 6.7, across Jamaica Bay in New York. This temporary change to 
the drawbridge operation regulations will allow the bridge owner to 
require a twenty-four hours advance notice for bridge openings from 6 
a.m. to 7 p.m., on each Monday, Wednesday and Friday, from May 18, 2001 
through November 30, 2001. This action is necessary to facilitate 
necessary maintenance at the bridge.

DATES: This rule is effective on May 18, 2001 through November 30, 
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 (CGD01-01-041) 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 Schmied, Project Officer, 
First Coast Guard District, (212) 668-7195.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 6, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Jamaica Bay and 
Connecting Waterways, New York, in the Federal Register (66 FR 18221). 
We received no comments in response to the notice of proposed 
rulemaking. No public hearing was requested and none was held. Pursuant 
to 5 U.S.C. 553, good cause exists for making this regulation effective 
in less than 30 days after publication in the Federal Register. The 
Coast Guard discussed the advance notification periods with all known 
waterway users likely to be impacted by this change in operating 
regulations prior to publication of the notice of proposed rulemaking 
and none objected. In fact, local waterway users have voluntarily 
complied with the advance notice requirement since April 30, 2001. The 
NPRM specified that we anticipated that the final rule would become 
effective less than 30 days following publication. Any delay 
encountered in this regulation's effective date would be unnecessary 
and contrary to the public interest since immediate action is needed to 
perform this lengthy project during the spring, summer and fall months 
when ambient air temperatures and environmental conditions permit 
effective sand blasting and painting.

Background and Purpose

    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 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 closure.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. The effective date of this final rule will be 
changed to the date of signature of this final rule as the weekend 
closure dates contemplated in the NPRM have already passed. This change 
will reduce rather than enlarge the duration of the temporary final 
rule.

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 still 
continue to open daily 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 
still continue to open for navigation daily.

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.

[[Page 29484]]

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.

Indian Tribal Governments

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have substantial direct effect on one 
or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

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 18, 2001 through November 30, 2001, section 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 May 18, 
2001 through November 30, 2001. Advance notice may be given by calling 
the number posted at the bridge.

    Dated: May 18, 2001.
Gerald M. Davis,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 01-13640 Filed 5-30-01; 8:45 am]
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