[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Rules and Regulations]
[Pages 62935-62936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30022]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 final 
rule will allow the bridge owner to require a four-hour advance notice 
for bridge openings, from 10 a.m. to 5 p.m., daily. This action is 
expected to meet the present needs of navigation.

DATES: This rule is effective January 3, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-01-048) and 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. Jose Arca, Project Officer, First 
Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 13, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Harlem River, New 
York, in the Federal Register (66 FR 47601). We received no comment 
letters in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held.

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 Comments and Changes

    The Coast Guard received no comment letters. No changes will be 
made to this final rule.

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)

[[Page 62936]]

(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.

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 
open on signal after the advance notice is given.

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 E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden

Protection of Children

    We have analyzed this rule under E.O. 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 final 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.

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. 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: November 26, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-30022 Filed 12-3-01; 8:45 am]
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