[Federal Register Volume 67, Number 231 (Monday, December 2, 2002)]
[Rules and Regulations]
[Pages 71474-71475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30434]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-135]
RIN 2115-AE47


Drawbridge Operation Regulations; Harlem River, 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 103 Street (Wards Island) Bridge, 
at mile 0.0, across the Harlem River at New York. This temporary change 
to the drawbridge operation regulations will allow the bridge to remain 
closed to vessel traffic from November 21, 2002 through January 19, 
2003. This action is necessary to facilitate maintenance at the bridge.

DATES: This rule is effective from November 21, 2002 through January 
19, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD01-02-135) 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. Joe Arca, 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 and under 5 U.S.C. 553(d)(3), 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.
    On September 27, 2002, the Coast Guard published a temporary 
deviation from the Drawbridge Operation Regulations (67 FR 60865) 
entitled Drawbridge Operation Regulations Harlem River, New York. That 
temporary deviation allowed the bridge to remain closed to navigation 
from September 23, 2002 through November 20, 2002. The bridge has been 
in the closed position to navigation since September 23, 2002.
    The bridge owner recently advised the Coast Guard that due to 
inclement weather the completion of the repair work has been delayed 
and will not be completed until January 19, 2003. The bridge is 
presently inoperable due to painting scaffolding located at the bridge.
    There have been no requests to open the bridge during the time 
period November through January for several years. The Coast Guard 
believes this closure is reasonable and notice and public comment are 
not necessary based upon the need to complete the bridge maintenance 
and the fact that the bridge has no requests to open.
    Any delay encountered in this regulation's effective date would be 
unnecessary and contrary to the public interest since immediate action 
is needed to complete this bridge maintenance.

Background and Purpose

    The Wards Island Bridge has a vertical clearance of 55 feet at mean 
high water and 60 feet at mean low water. The existing regulations are 
listed at 33 CFR 117.789(c).
    The bridge owner, New York City Department of Transportation, asked 
the Coast Guard to temporarily change the drawbridge operation 
regulations to allow the bridge to need not open for the passage of 
vessel traffic from September 23, 2002 through November 20, 2002, to 
facilitate structural repairs and bridge painting operations. On 
September 27, 2002, the Coast Guard published a temporary deviation 
from the Drawbridge operation regulations (67 FR 60865) [CGD01-02-105] 
entitled Drawbridge Operation Regulations Harlem River, New York.
    The Coast Guard was recently notified by the bridge owner that the 
painting operations at the bridge will not be completed by November 20, 
2002, the end of the temporary deviation effective period. They 
requested to extend the bridge closure from November 21, 2002 through 
January 19, 2003, to complete their work. The bridge normally has no 
requests to open November through January. The Coast Guard believes the 
bridge closure is reasonable due to the need to complete the bridge 
maintenance and the lack of vessel traffic.

Discussion of Rule

    In Sec.  117.789 a new paragraph (h) will be added to allow the 103 
Street (Wards Island) Bridge to remain closed to vessel traffic from 
November 21, 2002 through January 19, 2003.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of

[[Page 71475]]

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 bridge has 
historically had no requests to open during the effective period of 
this temporary final rule.

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 
has historically had no requests to open during the effective period of 
this temporary final rule.

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 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. From November 21, 2002 through January 19, 2003, in Sec.  
117.789, a new paragraph (h) is added, to read as follows:


Sec.  117.789  Harlem River.

* * * * *
    (h) The draw of the 103 Street (Wards Island) Bridge shall open on 
signal from 10 a.m. to 5 p.m. if at least a four-hour notice is given 
to the New York City Highway Radio (Hotline) Room; except that, from 
November 21, 2002 through January 19, 2003, the 103 Street (Wards 
Island) Bridge need not open for the passage of vessel traffic.

    Dated: November 18, 2002.
V.S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-30434 Filed 11-29-02; 8:45 am]
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