[Federal Register Volume 67, Number 199 (Tuesday, October 15, 2002)]
[Rules and Regulations]
[Pages 63546-63547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26008]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-113]
RIN 2115-AE47


Drawbridge Operation Regulations: Harlem River, Newtown Creek, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulations that govern the operation of the Willis Avenue 
Bridge, mile 1.5, and the Madison Avenue Bridge, mile 2.3, both across 
the Harlem River, and the Pulaski Bridge, mile 0.6, across Newtown 
Creek in New York City, New York. This temporary final rule allows the 
bridge owner to close the above three bridges on November 3, 2002, as 
follows: Willis Avenue and Madison Avenue bridges from 10 a.m. to 5 
p.m. and the Pulaski Bridge from 8:30 a.m. to 3 p.m. This action is 
necessary to facilitate public safety during the running of the New 
York City Marathon.

DATES: This rule is effective on November 3, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD01-02-113) and are available for 
inspection or copying at the First Coast Guard District, Bridge 
Administration Office, 408 Atlantic Avenue, Boston, Massachusetts, 
02110-3350, between 7 a.m. and 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

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM in the Federal Register.
    Conclusive information about the New York City Marathon was not 
provided to the Coast Guard until September 12, 2002, making it 
impossible to draft or publish a NPRM. This closure is not expected to 
have a significant impact on navigation because vessel traffic on the 
Harlem River and Newtown Creek is mostly commercial vessels that 
normally pass under the draws without openings. The commercial vessels 
that do require openings are work barges that do not operate on 
Sundays. Any delay encountered in this regulation's effective date 
would be unnecessary and contrary to the public interest since 
immediate action is needed to close the bridge in order to provide for 
public safety and the safety of marathon participants.

Background and Purpose

    The Willis Avenue Bridge, mile 1.5, across the Harlem River has a 
vertical clearance of 24 feet at mean high water (MHW) and 30 feet at 
mean low water (MLW) in the closed position. The Madison Avenue Bridge, 
mile 2.3, across the Harlem River has a vertical clearance of 25 feet 
at MHW and 29 feet at MLW in the closed position. The Pulaski Bridge 
across Newtown Creek, mile 0.6, has a vertical clearance of 39 feet at 
MHW and 43 feet at MLW in the closed position.
    The current operating regulations for the Willis Avenue and Madison 
Avenue bridges, listed at 33 CFR 117.789(c), require the bridges to 
open on signal from 10 a.m. to 5 p.m., if at least four-hours notice is 
given. The current operating regulations for the Pulaski Bridge listed 
at 117.801(g) require it to open on signal if at least a two-hour 
advance notice is given.
    The bridge owner, New York City Department of Transportation 
(NYCDOT), requested a temporary change to the operating regulations 
governing the Willis Avenue Bridge, the Madison Avenue Bridge, and the 
Pulaski Bridge, to allow the bridges to remain in the closed position 
at different times on November 3, 2002, to facilitate the running of 
the New York City Marathon. Vessels that can pass under the bridges 
without bridge openings may do so at all times during these bridge 
closures.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 closures 
are of short duration and on Sunday when there have been few requests 
to open these bridges.

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. The term ``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 closures are 
of short duration and on Sunday when there have been few requests to 
open these bridges.

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive

[[Page 63547]]

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.

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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1D, 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 ``Categorical Exclusion Determination'' is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

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. On November 3, 2002, from 10 a.m. to 5 p.m., Sec.  117.789 
paragraph (c) is temporarily suspended and a new paragraph (h) is added 
to read as follows:


Sec.  117.789  Harlem River.

* * * * *
    (h) The draws of the bridges at 103rd Street, mile 0.0, 3rd Avenue, 
mile 1.9, 145th Street, mile 2.8, Macombs Dam, mile 3.2, 207th Street, 
mile 6.0, and the two Broadway Bridges, mile 6.8, shall open on signal 
if at least four-hours notice is given to the New York City Highway 
Radio (Hotline) Room. The Willis Avenue Bridge, mile 1.5, and Madison 
Avenue Bridge, mile 2.3, need not open for vessel traffic.

    3. On November 3, 2002, from 8:30 a.m. to 3 p.m., in Sec.  117.801, 
paragraph (g) is temporarily 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 Newtown Creek, 
need not open for vessel traffic. The Greenpoint Avenue Bridge, mile 
1.3, across Newtown Creek between Brooklyn and Queens, shall open on 
signal if at least a two-hour advance notice is given to the New York 
City Department of Transportation (NYCDOT) Radio Hotline or NYCDOT 
Bridge Operations Office.

    Dated: October 3, 2002.
J.L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 02-26008 Filed 10-11-02; 8:45 am]
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