[Federal Register Volume 66, Number 201 (Wednesday, October 17, 2001)]
[Rules and Regulations]
[Pages 52687-52689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26152]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-180]
RIN 2115-AE47


Drawbridge Operation Regulations: Harlem River, Newtown Creek, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Willis Avenue Bridge, mile 1.5, and the 
Madison Avenue Bridge, mile 2.3, both across the Harlem River, and the 
Pulaski Bridge, mile 0.6, across Newtown Creek in New York City, New 
York. This temporary final rule allows the bridge owner to close the 
above three bridges on November 4, 2001, as follows: Willis Avenue and 
Madison Avenue bridges from 10 a.m. to 5 p.m. and the Pulaski Bridge 
from 8:30 a.m. to 3 p.m. This action is necessary to facilitate public 
safety during the running of the New York City Marathon.

DATES: This temporary final rule is effective on November 4, 2001.

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:

[[Page 52688]]

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 NPRM and for making this regulation effective in less than 
30 days after publication in the Federal Register. Conclusive 
information about the New York City Marathon was not provided to the 
Coast Guard until September 10, 2001, making it impossible to draft or 
publish a NPRM or a final rule 30 days in advance of its effective 
date. This closure is not expected to have a significant impact on 
navigation because vessel traffic on the Harlem River and Newtown Creek 
is mostly commercial vessels that normally pass under the draws without 
openings. The commercial vessels that do require openings are work 
barges that do not operate on Sundays.
    Any delay encountered in this regulation's effective date would be 
unnecessary and contrary to the public interest since immediate action 
is needed to close the bridge in order to provide for public safety and 
the safety of marathon participants.

Background and Purpose

    The Willis Avenue Bridge, mile 1.5, across the Harlem River has a 
vertical clearance of 24 feet at mean high water (MHW) and 30 feet at 
mean low water (MLW) in the closed position. The Madison Avenue Bridge, 
mile 2.3, across the Harlem River has a vertical clearance of 25 feet 
at MHW and 29 feet at MLW in the closed position. The Pulaski Bridge 
across Newtown Creek, mile 0.6, has a vertical clearance of 39 feet at 
MHW and 43 feet at MLW in the closed position.
    The current operating regulations for the Willis Avenue and Madison 
Avenue bridges, listed at 33 CFR 117.789(c), require the bridges to 
open on signal from 10 a.m. to 5 p.m., if at least four-hours notice is 
given. The current operating regulations for the Pulaski Bridge listed 
at 117.801(g) require it to open on signal if at least a two-hour 
advance notice is given.
    The bridge owner, New York City Department of Transportation 
(NYCDOT), requested a temporary change to the operating regulations 
governing the Willis Avenue Bridge, the Madison Avenue Bridge, and the 
Pulaski Bridge, to allow the bridges to remain in the closed position 
at different times on November 4, 2001, to facilitate the running of 
the New York City Marathon. Vessels that can pass under the bridges 
without bridge openings may do so at all times during these bridge 
closures.

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 requested closures are of short duration and on Sunday when 
there have been few requests to open these bridges.

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 closures 
are of short duration and on Sunday when there have been few requests 
to open these bridges.

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. On November 4, 2001, from 10 a.m. to 5 p.m., in Sec. 117.789 
paragraph (c) is temporarily suspended and a new paragraph (g) is added 
to read as follows:


Sec. 117.789  Harlem River.

* * * * *
    (g) The draws of the bridges at 103rd Street, mile 0.0, 3rd Avenue, 
mile 1.9, 145th Street, mile 2.8, Macombs Dam, mile 3.2, 207th Street, 
mile 6.0, and the

[[Page 52689]]

two Broadway Bridges, mile 6.8, shall open on signal if at least four-
hours notice is given to the New York City Highway Radio (Hotline) 
Room. The Willis Avenue Bridge, mile 1.5, and Madison Avenue Bridge, 
mile 2.3, need not open for vessel traffic.

    3. On November 4, 2001, from 8:30 a.m. to 3 p.m., Sec. 117.801 (g) 
is temporarily suspended and a new paragraph (h) is added to read as 
follows:


Sec. 117.801  Newtown Creek, Dutch Kills, English Kills, and their 
tributaries.

* * * * *
    (h) The draw of the Pulaski Bridge, mile 0.6, across Newtown Creek, 
need not open for vessel traffic. The Greenpoint Avenue Bridge, mile 
1.3, across Newtown Creek between Brooklyn and Queens, shall open on 
signal if at least a two-hour advance notice is given to the New York 
City Department of Transportation (NYCDOT) Radio Hotline or NYCDOT 
Bridge Operations Office.

    Dated: October 5, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-26152 Filed 10-16-01; 8:45 am]
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