[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Rules and Regulations]
[Pages 21997-21998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10935]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-050]
RIN 2115-AE47


Drawbridge Operation Regulations: Newtown Creek, 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 Pulaski Bridge, mile 0.6, across Newtown 
Creek between Brooklyn and Queens, New York. This temporary final rule 
allows the bridge to remain closed from 9:30 a.m. to 11:30 a.m. on May 
5, 2002. This action is necessary for public safety, to facilitate the 
running of the Five Borough Bike Tour Race.

DATES: This temporary final rule is effective on Sunday, May 5, 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 (CGD01-02-50) 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) to forego notice and 
comment for this rulemaking and for making this regulation effective in 
less than 30 days after publication in the Federal Register. Processing 
and publication of this temporary rule 30 days prior to the effective 
date was not possible due to the late notification provided to the 
Coast Guard. The Coast Guard believes notice and comment are not 
necessary because the requested closure is of short duration on a 
Sunday when there have been few requests to open this bridge. The 
Newtown Creek is used mostly by commercial vessels and those vessels 
normally pass under the draws without openings. The commercial vessels 
that do require openings are work barges that do not operate on 
Sundays. The Coast Guard, for the reasons just stated, has also 
determined that good cause exists for this rule to be effective less 
than 30 days after it is published in the Federal Register.

Background

    The Pulaski Bridge, mile 0.6, across the Newtown Creek between 
Brooklyn and Queens, has a vertical clearance of 39 feet at mean high 
water and 43 feet at mean low water in the closed position. The 
existing operating regulations listed at 117.801(g) require the draw to 
open on signal, if at least a two-hour advance notice is given.
    New York City Department of Transportation requested a temporary 
change to the operating regulations to allow the Pulaski Bridge to 
remain in the closed position from 9:30 a.m. to 11:30 a.m. on May 5, 
2002, for the running of the Five Borough Bike Tour. Vessels that can 
pass under the bridges without bridge openings may do so at all times.

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 requested closure 
is of short duration and on Sunday morning when there have been few 
requests to open the bridge.

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 requested 
closure is of short duration and on Sunday when there have been few 
requests to open the bridge.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121),

[[Page 21998]]

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 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. In section 117.801, from 9:30 a.m. through 11:30 a.m. on May 5, 
2002, paragraph (g) is suspended and a new paragraph (h) is added to 
read as follows:


Sec. 117.801  Newtown Creek, Dutch Kills, English Kills, and their 
tributaries.

* * * * *
    (h) The draw of the Pulaski Bridge, mile 0.6, across the Newtown 
Creek between Brooklyn and Queens, need not open for vessel traffic, on 
May 5, 2002, from 9:30 a.m. to 11:30 a.m.

    Dated: April 22, 2002.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-10935 Filed 5-1-02; 8:45 am]
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