[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Rules and Regulations]
[Pages 9200-9201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4714]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-011]
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 Belt Parkway Bridge, at mile 0.8, across 
Mill Basin at Brooklyn, New York. This rule allows the bridge owner to 
require a one-hour advance notice for bridge openings from 10 p.m. 
through 5 a.m., Sunday through Thursday, from March 1, 2002 through 
December 31, 2002. This action is necessary to facilitate structural 
maintenance at the bridge.

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

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket (CGD01-02-011) and are available for inspection or copying at 
the First Coast Guard District, Bridge Branch Office, 408 Atlantic 
Avenue, Boston, Massachusetts, 02110, 6:30 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

    The Coast Guard has determined that good cause exists under the 
Administrative Procedure Act (5 U.S.C. 553) for not publishing a NPRM 
with comment and for making this regulation effective in less than 30 
days after publication in the Federal Register. The Coast Guard 
believes notice and comment are unnecessary because our review of the 
bridge logs for the past two years shows that there have been no bridge 
openings requested at night during the time period this rule will be in 
effect. Making this rule effective less than thirty days after 
publication is necessary because the bridge owner advised the Coast 
Guard that emergency structural maintenance must be performed to insure 
safe operation of the bridge. In view of the historic absence of bridge 
opening requests at night and the demonstrated need to perform 
structural maintenance, any delay encountered in this regulation's 
effective date would be unnecessary and contrary to the public 
interest.

Background

    The Belt Parkway Bridge, at mile 0.8, across the Mill Basin, has a 
vertical clearance of 34 feet at mean high water, and 39 feet at mean 
low water in the closed position. The existing drawbridge operating 
regulations are listed at 33 CFR 117.795(b).
    The bridge owner, New York City Department of Transportation 
(NYCDOT), requested a temporary regulation to facilitate structural 
maintenance to replace the deteriorated roadway deck at the bridge.

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 there have been no 
requests to open the bridge during the time period the bridge owner has 
requested an advance notice requirement.

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 there have been no 
requests to open the bridge during the time period the bridge owner has 
requested an advance notice requirement.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

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

[[Page 9201]]

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 Determination'' 
is not required for the 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 March 1, 2002 through December 31, 2002, section 117.795 is 
temporarily amended by suspending paragraph (b) and adding a new 
paragraph (d) to read as follows:


Sec. 117.795  Jamaica Bay and connecting waterways.

* * * * *
    (d)(1) The draws of the New York City highway bridge, mile 0.8, 
across Mill Basin on Belt Parkway, need not be opened for the passage 
of vessels from noon to 9 p.m. on Sundays from March 1, 2002 to 
December 31, 2002 and on Labor Day. However, on these days, from two 
hours before to one hour after predicted high tide, the draw shall open 
on signal. For the purposes of this section, predicted high tide occurs 
15 minutes later than that predicted for Sandy Hook, as given in the 
tide tables published by the National Oceanic and Atmospheric 
Administration.
    (2) From 10 p.m. to 5 a.m., Sunday through Thursday, from March 1, 
2002 through December 31, 2002, the draw shall open on signal after at 
least a one-hour advance notice is given by calling the number posted 
at the bridge.
    (3) At all times, public vessels of the United States and state or 
local vessels used for public safety shall be passed as soon as 
possible.

    Dated: February 12, 2002.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-4714 Filed 2-27-02; 8:45 am]
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