[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Rules and Regulations]
[Pages 20033-20034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10035]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-182]
RIN 2115-AE47


Drawbridge Operation Regulations: Hutchinson River, Eastchester 
Creek, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; revision.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is revising the temporary final rule 
regulating the operation of the Pelham Parkway Bridge, mile 0.4, across 
the Hutchinson River in New York. The temporary rule, in effect from 
November 15, 2001 through May 12, 2002, requires the bridge to open on 
signal, after a one-hour advance notice is given, between 7 a.m. and 5 
p.m., Monday through Friday. This revision provides that the draw need 
not open for vessel traffic from 6 a.m. to 7 p.m., on April 18, 19, 29, 
and 30, 2002. This action is necessary to facilitate necessary 
maintenance repairs at the bridge.

DATES: This temporary final rule is effective from November 15, 2001 
through May 12, 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 in the Federal Register.
    On October 17, 2001, we published a temporary final rule governing 
the operation of the Pelham Parkway Bridge (66 FR 52684). The temporary 
final rule required a one-hour advance notice for any bridge opening 
from November 15, 2001 through May 12, 2002. In the course of the 
ongoing rehabilitation of the bridge it was determined that certain 
work at the bridge required that it remain in the closed position for 
two two-day periods. After contacting all known waterway users to 
coordinate the closure dates, we decided to revise the temporary final 
rule to provide that the bridge remain closed on April 18, 19, 29, and 
30, 2002.
    Any delay encountered in this regulation's effective date would be 
unnecessary and contrary to the public interest since immediate action 
is needed to facilitate necessary electrical and mechanical maintenance 
at the bridge.

Background and Purpose

    The Pelham Parkway Bridge 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 for the bridge, listed at 33 CFR 
117.793, require the bridge to open on signal at all times.
    The bridge owner, New York City Department of Transportation 
(NYCDOT), requested an additional temporary change to the operating 
regulations governing the Pelham Parkway Bridge to facilitate several 
bridge closures previously not anticipated in the original scope of 
work. As a result of the above information, we are revising the 
temporary final rule (66 FR 52684) we published on October 17, 2001, to 
add the additional closure dates to the rulemaking.
    The additional work at the bridge will require the bridge to remain 
in the closed position on April 18, 19, 29, and 30, 2002.
    The Coast Guard believes this additional temporary change to the 
drawbridge operation regulations is reasonable and will meet the 
present needs of navigation based upon coordination with the operators 
that use this waterway.

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 additional bridge closures were coordinated with the mariners 
that normally use this waterway.

[[Page 20034]]

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 additional 
bridge closures were coordinated with the mariners that normally use 
this waterway.

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 15, 2001, through May 12, 2002, Sec. 117.793(d) is 
revised to read as follows:


Sec. 117.793  Hutchinson River Eastchester Creek

* * * * *
    (d) The Pelham Parkway Bridge, mile 0.4, shall open on signal; 
except that, from 7 a.m. to 5 p.m., Monday through Friday, the draw 
shall open on signal after at least a one-hour advance notice is given 
by calling the number posted at the bridge; except that, from 6 a.m. to 
7 p.m., on April 18, 19, 29, and 30, 2002, the draw need not open for 
vessel traffic.

    Dated: April 11, 2002.
G.N. Naccara,
Rear Admiral, Coast Guard Commander, First Coast Guard District.
[FR Doc. 02-10035 Filed 4-24-02; 8:45 am]
BILLING CODE 4910-15-M