[Federal Register Volume 66, Number 201 (Wednesday, October 17, 2001)]
[Rules and Regulations]
[Pages 52684-52685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26151]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-182]
RIN 2115-AE47


Drawbridge Operation Regulations:Hutchinson River, Eastchester 
Creek, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulations that govern the operation of the Pelham Parkway 
Bridge, mile 0.4, across the Hutchinson River in New York. This 
temporary rule, in effect from November 15, 2001 through May 12, 2002, 
requires the bridge to open on signal, after a one-hour advance notice 
is given, between 7 a.m. and 5 p.m., Monday through Friday. This action 
is necessary to facilitate the safe removal of construction workers and 
equipment from the moveable bridge structure at times when the bridge 
must open for vessel traffic.

DATES: This temporary final rule is effective from November 15, 2001 
through May 12, 2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, 408 
Atlantic Avenue, Boston, Massachusetts 02110, 7 a.m. to 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (617) 
223-8364.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Schmied, Project Officer, 
First Coast Guard District, at (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory History

    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 Notice of proposed rulemaking in the Federal Register.
    This closure is not expected to have any significant impact on 
navigation because vessel traffic on the Hutchinson River is mostly 
commercial vessels that must schedule their transits at or near high 
tide. The commercial vessels that require openings normally call the 
bridge in advance when scheduling their transits. The Coast Guard and 
the bridge owner contacted all the commercial waterway users and 
facilities and it was determined as a result of that coordination that 
the one-hour advance requirement would not adversely effect any 
existing waterway operators since they call the bridge in advance of 
requested openings normally.
    Any delay encountered in this regulation's effective date would be 
unnecessary and contrary to the public interest since immediate action 
is needed to facilitate necessary electrical and mechanical maintenance 
at the bridge to insure the continued safe reliable operation of the 
bridge.

Background and Purpose

    The Pelham Parkway Bridge has a vertical clearance of 13 feet at 
mean high water and 20 feet at mean low water in the closed position. 
The current operating regulations for the bridge, listed at 33 CFR 
117.793, require the bridge to open on signal at all times.
    The bridge owner, New York City Department of Transportation 
(NYCDOT), requested a temporary change to the operating regulations 
governing the Pelham Parkway Bridge to facilitate the safe evacuation 
of construction workers and equipment from the bridge when the bridge 
is required to open for vessel traffic. This temporary final rule will 
require a one-hour advance notice for openings, 7 a.m. to 5 p.m., 
Monday through Friday, from November 15, 2001 through May 12, 2002. The 
Coast Guard believes this temporary change to the drawbridge operation 
regulations is reasonable and will meet the present needs of navigation 
based upon coordination

[[Page 52685]]

with the operators that use this waterway.

Regulatory Evaluation

    This temporary final 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. It has not been reviewed by the Office of Management and 
Budget 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). The Coast Guard expects the economic impact 
of this temporary final 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 continue to open at all times for vessel traffic 
after a one-hour advance notice is given.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this temporary final 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 for vessel traffic at all times after a one-hour 
advance notice is given.

Collection of Information

    This temporary final rule does not provide for a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Federalism

    The Coast Guard has analyzed this temporary final rule in 
accordance with the principles and criteria contained in Executive 
Order 12612 and has determined that this temporary final rule does not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
temporary final rule and concluded that, under Section 2.B.2., Figure 
2-1, paragraph (32)(e), of Commandant Instruction M16475.1C, this 
temporary final rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found not to have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this temporary 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.

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 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 November 15, 2001, through May 12, 2002, Sec. 117.T793 is 
temporarily amended by adding a new paragraph (d) to read as follows:


Sec. 117.T793  Hutchinson River (Eastchester Creek).

* * * * *
    (d) The Pelham Parkway Bridge, mile 0.4, shall open on signal; 
except that, from 7 a.m. to 5 p.m., Monday through Friday, the draw 
shall open on signal after at least a one-hour advance notice is given 
by calling the number posted at the bridge.

    Dated: October 3, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-26151 Filed 10-16-01; 8:45 am]
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