[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Rules and Regulations]
[Pages 9198-9199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4711]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-012]
RIN 2115-AE47


Drawbridge Operation Regulations: Jamaica Bay and Connecting 
Waterways, 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 Marine Parkway Bridge, at mile 3.0, 
across Rockaway Inlet in New York. This temporary final rule allows the 
bridge owner to open this vertical lift bridge to a maximum of 105 feet 
for vessel traffic from March 1, 2002 through May 31, 2002. This action 
is necessary to facilitate maintenance at the bridge.

DATES: This temporary final rule is effective from March 1, 2002 
through May 31, 2002.

ADDRESSES: The public docket and all documents referred to in this 
notice 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. Joseph Schmied, 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 making it effective in less than 30 days after 
publication in the Federal Register. No vessels known to use this 
waterway would be precluded from transiting the bridge as a result of 
the reduction in vertical opening capability from 152 feet to 105 feet 
because the bridge has not opened beyond 105 feet during the past four 
years. Additionally, conclusive information from the bridge owner 
confirming the start date for this bridge maintenance was not provided 
to the Coast Guard until January 16, 2002. As a result, it was 
impracticable to draft or publish a NPRM in advance of the requested 
start date for this necessary maintenance. Any delay encountered in 
this regulation's effective date would be contrary to the public 
interest because these repairs are necessary to insure public safety 
and insure continued operation of the bridge.

Background

    The Marine Parkway Bridge, at mile 3.0, across Rockaway Inlet has a 
vertical clearance of 152 feet at mean high water and 156 feet at mean 
low water in the full open position. The existing regulations are 
listed at 33 CFR 117.795(a).
    The bridge owner, the Metropolitan Transit Administration (MTA) 
Bridges and Tunnels, requested that the bridge be allowed to open no 
greater than 105 feet above mean high water to facilitate repairs at 
the bridge. The Coast Guard has determined that the bridge has not 
opened greater than 105 feet during the past four years.

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 the bridge will still 
continue to open for navigation.

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 
continue to open for navigation.

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

[[Page 9199]]

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 Determination'' 
is not required for this 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 March 1, 2002 through May 31, 2002, Sec. 117.795 is 
temporarily amended by suspending paragraph (a) and adding a new 
paragraph (e) to read as follows:


Sec. 117.795  Jamaica Bay and connecting waterways.

* * * * *
    (e) The draw of the Marine Parkway Bridge, mile 3.0, over Rockaway 
Inlet, shall open on signal, to a maximum vertical height of 105 feet 
above mean high water, Monday through Friday from 8 a.m. to 4 p.m. At 
all other times, the draw shall open on signal, to a maximum vertical 
height of 105 feet above mean high water, if at least an eight-hour 
notice is given; however, the draw shall open on signal if at least 
one-hour notice is given for the passage of U.S. Navy or National 
Oceanic and Atmospheric Administration vessels.

    Dated: February 12, 2002.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-4711 Filed 2-27-02; 8:45 am]
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