[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Rules and Regulations]
[Pages 6647-6648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3517]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-007]
RIN 2115-AE47


Drawbridge Operation Regulations: Harlem River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulations for the Madison Avenue Bridge, mile 2.3 and the 
Macombs Dam Bridge, at mile 3.2, both across the Harlem River at New 
York City, New York. This temporary rule will allow the bridges to 
remain in the closed position at various times to facilitate necessary 
bridge maintenance.

DATES: This rule is effective from February 18, 2002 through February 
28, 2003.

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 (CGD01-02-007) 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. Joe Arca, Project Officer, First 
Coast Guard District, (212) 668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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.
    These closures are not expected to impact navigation because the 
vessels that normally use this waterway were designed to fit under the 
bridges on the Harlem River without requiring bridge openings. There 
have been no requests to open these bridges for several years. 
Accordingly, an NPRM was considered unnecessary and the rule may be 
made effective in less than 30 days after publication.

Background and Purpose

    The Madison Avenue Bridge has a vertical clearance in the closed 
position of 25 feet at mean high water and 29 feet at mean low water. 
The Macombs Dam Bridge has a vertical clearance in the closed position 
of 27 feet at mean high water and 32 feet at mean low water. The 
existing drawbridge operating regulations, listed at 33 CFR 117.789(c), 
require the bridges to open on signal from 10 a.m. to 5 p.m., after a 
four-hour advance notice is given.
    The owner of the bridges, the New York City Department of 
Transportation (NYCDOT), requested a temporary final rule to facilitate 
scheduled maintenance and replacement of electrical and mechanical 
systems at the bridges. These bridge closures are not expected to 
effect vessel traffic because there have been no requests to open the 
bridges for several years. Vessels that can pass under the bridges 
without openings may do so at all times during these closures.

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 keeping the bridges 
closed should have no impact on navigation because the bridges have not 
had any requests to open for several years.

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 closure of the 
bridges should have no impact on navigation because the bridges have 
not had any requests to open for several years.

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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this 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

    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

[[Page 6648]]

Determination'' is not required for this final rule.

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 February 18, 2002, through February 28, 2003, Sec. 117.789 
is temporarily amended by suspending paragraph (c) and adding a new 
paragraph (g) to read as follows:


Sec. 117.789  Harlem River.

* * * * *
    (g) The draws of the bridges at 103rd Street, mile 0.0, Willis 
Avenue, mile 1.5, 3rd Avenue, mile 1.9, Madison Avenue, mile 2.3, 145th 
Street, mile 2.8, Macombs Dam, mile 3.2, the 207th Street, mile 6.0, 
and the two Broadway bridges, mile 6.8, shall open on signal from 10 
a.m. to 5 p.m. if at least a four-hour advance notice is given to the 
New York City Highway Radio (Hotline) Room; except that the Madison 
Avenue Bridge, mile 2.3, need not open for vessel traffic from February 
18 through May 24, 2002 and the Macombs Dam Bridge, mile 3.2, need not 
open for vessel traffic from April 2 through June 30, 2002 and from 
December 1, 2002 through February 28, 2003.

    Dated: January 23, 2002.
G.N. Naccara,
Rear Admiral, U. S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-3517 Filed 2-12-02; 8:45 am]
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