[Federal Register Volume 66, Number 178 (Thursday, September 13, 2001)]
[Proposed Rules]
[Pages 47601-47603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22988]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-048]
RIN 2115-AE47


Drawbridge Operation Regulations; Harlem River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations which govern the Metro North (Park Avenue) Bridge, at mile 
2.1, across the Harlem River at New York City, New York. This proposed 
rule would allow the bridge owner to require a four-hour advance notice 
for bridge openings, from 10 a.m. to 5 p.m., daily. It is expected that 
this proposed change to the regulations will meet the needs of 
navigation.

DATES: Comments must reach the Coast Guard on or before November 13, 
2001.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard

[[Page 47602]]

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. Jose Arca, Project Officer, First 
Coast Guard District, (212) 668-7165.

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-
048), 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 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.

Background and Purpose

    The Metro North (Park Avenue) Bridge, at mile 2.1, across the 
Harlem River, has a vertical clearance of 25 feet at mean high water 
and 30 feet at mean low water. The existing drawbridge operation 
regulations listed at 33 CFR 117.789(e) require the bridge to open on 
signal, from 10 a.m. to 5 p.m., except as provided in paragraph (b).
    The owner of the bridge, Metro North, requested a change to the 
operating regulations to allow the bridge to open on signal, from 10 
a.m. to 5 p.m., after a four-hour advance notice is given.
    Metro North advised the Coast Guard that all the bridge openings 
during the last five years were for either vessel traffic employed in 
the construction of the Oak Point Link railroad Bridge located upstream 
or Metro North test openings at the bridge. The large construction 
barges, with equipment such as cranes on board, generally require a 
bridge opening.
    The vessels that frequently use this waterway on a regular basis 
fit under the bridges without requiring bridge openings, with the 
exception of the Spuyten Duyvil railroad bridge, which has only 5 feet 
of vertical clearance at mean high water. All the upstream bridges, 
with the exception of the Spuyten Duyvil railroad bridge, presently 
require a four-hour advance notice for bridge openings, from 10 a.m. to 
5 p.m., daily.
    The existing drawbridge operation regulations are consistent with 
regard to the four-hour advance notice requirement, from 10 a.m. to 5 
p.m., daily.
    In addition, all the bridges, except Spuyten Duyvil, have similar 
or greater vertical clearances at mean high water (MHW) and at mean low 
water (MLW). The clearances for the bridges on the Harlem River are as 
follows.

------------------------------------------------------------------------
                                   Bridge name      Mile      MHW & MLW
------------------------------------------------------------------------
Metro North (Park Ave)...........          2.1           25           30
Madison Avenue...................          2.3           25           29
145 Street.......................          2.8           25           30
Macombs Dam......................          3.2           27           32
207 Street.......................          6.0           26           30
Broadway.........................          6.8           24           29
Spuyten Duyvil...................          7.9            5            9
------------------------------------------------------------------------

    As a result of all the above information the Coast Guard believes 
that it is reasonable to allow the Metro North (Park Avenue) railroad 
bridge to open on signal, from 10 a.m. to 5 p.m., after a four-hour 
advance notice is given, except as provided in paragraph (b).

Discussion of Proposal

    The Coast Guard proposes to revise the operating regulations at 33 
CFR 117.789(e) to require that the draw of the Metro North (Park 
Avenue) Bridge, mile 2.1, shall open on signal, except as provided in 
paragraph (b) of this section, from 10 a.m. to 5 p.m., if at least a 
four-hour advance notice is given by calling the number posted at the 
bridge.

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 for vessel traffic after the advance notice is given.

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 open on signal 
after the advance notice is given.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have

[[Page 47603]]

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 open on signal after the advance notice is 
given.
    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.

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.

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.

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.

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. Section 117.789 is amended by revising paragraph (e) to read as 
follows:


Sec. 117.789  Harlem River

* * * * *
    (e) The draw of the Metro North (Park Avenue) Bridge, mile 2.1, 
shall open on signal, except as provided in paragraph (b) of this 
section, from 10 a.m. to 5 p.m., if at least a four-hour advance notice 
is given by calling the number posted at the bridge.
* * * * *

    Dated: August 30, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-22988 Filed 9-12-01; 8:45 am]
BILLING CODE 4910-15-P