[Federal Register Volume 66, Number 220 (Wednesday, November 14, 2001)]
[Rules and Regulations]
[Pages 56991-56993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28370]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-195]
RIN 2115-AE47


Drawbridge Operation Regulations: New Rochelle Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations 
governing the operation of the Glen Island Bridge, mile 0.8, across the 
New Rochelle Harbor at New Rochelle, New York. This temporary final 
rule allows the bridge to remain in the closed position from 7 a.m. on 
November 26, 2001 through 5 p.m. on April 26, 2002. This action is 
necessary to facilitate electrical and mechanical repairs at the 
bridge.

DATES: This temporary final rule is effective from November 26, 2001 
through April 26, 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 (NPRM). This closure is not 
expected to have a

[[Page 56992]]

significant impact on navigation. Known waterway users have been 
notified of the closure date and none objected. Vessel traffic on New 
Rochelle Harbor, during the effective period of the rule, is comprised 
of recreational vessels only, which may use an alternate route to open 
water, while the bridge is in a closed position for repairs. 
Accordingly, an NPRM was considered unnecessary.
    Moreover, the delay inherent in the NPRM process is considered 
contrary to the public interest. The existing electrical and mechanical 
equipment at the bridge was installed in 1927. The bridge owner can no 
longer satisfactorily maintain this equipment in reliable operable 
condition due to its age and the difficulty in obtaining replacement 
parts. The prompt commencement of the electrical and mechanical repairs 
is necessary to assure safe reliable operation of the bridge.

Background and Purpose

    The Glen Island Bridge, mile 0.8, 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 listed at 33 CFR 117.802, 
require the bridge to open on signal; except that, from May 1 to 
October 31, midnight to 6 a.m., a two-hour advance notice is required 
for bridge openings and from November 1 through April 30, from 8 p.m. 
to 8 a.m., a twenty-four hours advance notice is required for bridge 
openings.
    The bridge owner, Westchester Department of Public Works, requested 
a temporary change to the operating regulations governing the Glen 
Island Bridge to allow the bridge to remain in the closed position from 
7 a.m. on November 26, 2001 through 5 p.m. on April 26, 2002, to 
facilitate electrical and mechanical repairs at the bridge.
    New Rochelle Harbor is used exclusively by recreational vessels. 
All known recreational boating facilities and interested parties were 
contacted regarding this necessary closure for bridge maintenance. No 
objections were received. Additionally, vessels located upstream from 
this bridge have an alternate route to open water; therefore, this 
closure will not have a significant impact on vessel traffic. The Coast 
Guard believes this temporary final rule is reasonable and will satisfy 
both the needs of navigation and the bridge owner's maintenance 
schedule.

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 mariners can take an alternate route during this bridge 
closure.

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 mariners can 
take an alternate route during this bridge closure.

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 26, 2001, through April 26, 2002, in Sec. 117.802, 
paragraph (a)(2) is suspended and paragraph (a)(3) is temporarily added 
to read as follows:


Sec. 117.802  New Rochelle Harbor.

    (a) * * *
    (3) The Glen Island Bridge need not open for the passage of vessel 
traffic from November 26, 2001, through April 26, 2002.
* * * * *


[[Page 56993]]


    Dated: October 25, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-28370 Filed 11-13-01; 8:45 am]
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