[Federal Register Volume 67, Number 235 (Friday, December 6, 2002)]
[Rules and Regulations]
[Pages 72560-72561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30931]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-134]
RIN 2115-AE47


Drawbridge Operation Regulations; New Rochelle Harbor, 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 Glen Island Bridge, at mile 0.8, 
across New Rochelle Harbor at New Rochelle, New York. This change to 
the drawbridge operation regulations allows the bridge to remain closed 
to navigation from 7 a.m. on December 1, 2002 through 5 p.m. on April 
1, 2003. This action is necessary to facilitate necessary repairs at 
the bridge.

DATES: This rule is effective from December 1, 2002 through April 1, 
2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD01-02-134) 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 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.
    The Coast Guard coordinated the bridge repair project and related 
temporary bridge closure with the mariners who use this waterway. The 
mariners agreed that the temporary bridge closure will not affect the 
needs of waterway users. There is an alternate route to open water that 
mariners may use during this temporary bridge closure. The effective 
period of this temporary rule is traditionally the most dormant season 
for the vessel traffic on this waterway and accordingly, the best time 
to perform the necessary repairs at the bridge.
    The Coast Guard believes that an NPRM is unnecessary because of the 
relatively low number of opening requests received at the bridge 
December through April, and the fact that an alternate route is 
available to the mariners.
    Good cause exists for making this regulation effective in less than 
30 days after publication in the Federal Register. Any delay 
encountered in this regulation's effective date would be unnecessary 
and contrary to the public interest. Delaying the start of this project 
would delay the completion date of this project, disrupting vehicular 
and marine traffic next spring when traffic is much heavier than during 
the winter months when this temporary operating schedule will be in 
effect.

Background and Purpose

    The Glen Island Bridge has a vertical clearance of 13 feet at mean 
high water and 20 feet at mean low water. The existing regulations are 
listed at 33 Sec.  CFR 117.802.
    The bridge owner, Westchester Department of Public Works, asked the 
Coast Guard to temporarily change the drawbridge operation regulations 
to facilitate mechanical and structural repairs at the bridge to be 
performed from 7 a.m. on December 1, 2002 through 5 p.m. on April 1, 
2003.
    The Coast Guard contacted the mariners who operate on New Rochelle 
Harbor River regarding this temporary bridge closure and no objections 
were received.

Discussion of Rule

    The Coast Guard is temporarily changing the drawbridge operation 
regulations governing the Glen Island Bridge, mile 0.8, across New 
Rochelle Harbor at New Rochelle, New York. This temporary change to the 
drawbridge operation regulations will allow the bridge to remain in the 
closed position to navigation from 7 a.m. on December 1, 2002 through 5 
p.m. on April 1, 2003.

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 mariners may use an 
alternate route to open water.

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 mariners may use an 
alternate route to open water.

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

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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 December 1, 2002 through April 1, 2003, in Sec.  117.802, 
paragraph (a) is temporarily suspended and a new temporary paragraph 
(c) is added to read as follows:


Sec.  117.802  New Rochelle Harbor.

* * * * *
    (c) The draw of the Glen Island Bridge, mile 0.8, at New Rochelle, 
New York, need not open for the passage of vessel traffic from 7 a.m. 
on December 1, 2002 through 5 p.m. on April 1, 2003.

    Dated: November 22, 2002.
V.S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-30931 Filed 12-5-02; 8:45 am]
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