[Federal Register Volume 66, Number 137 (Tuesday, July 17, 2001)]
[Rules and Regulations]
[Pages 37139-37140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17392]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-089]
RIN 2115-AE47


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; extension of effective date period.

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SUMMARY: The Coast Guard is extending a temporary final rule published 
March 23, 2001, governing the operation of the Pulaski Bridge, at mile 
0.6, across the Newtown Creek between Brooklyn and Queens, New York. 
This extension will continue to allow the bridge owner to open only one 
bascule span for the passage of vessel traffic through September 30, 
2001. This action is necessary to facilitate the completion of 
scheduled maintenance at the bridge.

DATES: Section 117.801 (a)(3) and (h) added at 66 FR 16129 effective 
April 23, 2001 through August 31, 2001 are extended in effect through 
September 30, 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.
    This temporary final rule will extend the effective period 
previously published in the Federal Register on March 23, 2001 (66 FR 
16128), as Drawbridge Operation Regulations Newtown Creek, Dutch Kills, 
English Kills, and their tributaries, New York. That temporary rule 
allowed a single span operation at the bridge from April 23, 2001 
through August 31, 2001, to facilitate cleaning and painting the 
bridge.
    The bridge owner subsequently advised the Coast Guard that the 
cleaning and painting operations would not be completed by August 31, 
2001, due to lost work time as a result of inclement weather 
conditions. The bridge owner requested a second temporary final rule to 
extend the single span operation at the bridge an additional month from 
September 1, 2001 through September 30, 2001, to complete the 
maintenance at the bridge.
    Accordingly, an NPRM was deemed unnecessary because no known 
waterway users have objected to the single span operation of the bridge 
and none have objected to extending it an additional 30 days. The 
additional 30 days of single span operation will further the public 
interest by permitting the uninterrupted completion of the necessary 
maintenance at the bridge.

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 advising of the extension 
of the

[[Page 37140]]

single span operation until September 30, 2001. No objections 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).

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.

Indian Tribal Governments

    This 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

    Dated: June 25, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 01-17392 Filed 7-16-01; 8:45 am]
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