[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Rules and Regulations]
[Pages 9890-9892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4761]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-02-143]
RIN 2115-AE47


Drawbridge Operation Regulations: Jamaica Bay and Connecting 
Waterways, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations that govern the operation of the New York City highway 
bridge, mile 0.8, across Mill Basin on Belt Parkway at New York City, 
New York. This temporary final rule will allow the bridge to remain 
closed to vessel traffic from 7 a.m. on February 24, 2003 through 5 
p.m. on April 14, 2003. This action is necessary to facilitate the 
installation of median safety barriers at the bridge.

DATES: This rule is effective from February 24, 2003 through April 14, 
2003.

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 (CGD01-02-143) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, MA 02110, 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) 668-7195.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this final rule 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 because the work to be performed under this 
temporary final rule is necessary safety modifications that are 
scheduled to be performed when the bridge receives the fewest number of 
requests to open.
    On December 27, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Jamaica Bay and 
Connecting Waterways, New York, in the Federal Register (67 FR 79012). 
We received no comments in response to the notice of proposed 
rulemaking. No public hearing was requested and none was held.

Background and Purpose

    The New York City highway bridge has a vertical clearance of 34 
feet at mean high water, and 39 feet at mean low water in the closed 
position. The existing drawbridge operating regulations are listed at 
33 CFR 117.795(b).
    The bridge owner, New York City Department of Transportation, 
requested a temporary bridge closure to install median safety barriers 
between the vehicular travel lanes at the bridge.
    The bridge presently has no median safety barriers between the 
vehicular travel lanes that pass over the moveable lift spans at the 
bridge. There have been many serious head on automobile accidents at 
this bridge as a result of the absence of median safety barriers.
    The average traffic count is 140,000 vehicles a day. There have 
been seven (7) head-on travel lane crossover accidents over the past 
several years, four (4) resulting in fatalities. These accidents 
resulted from the absence of a median safety barrier separating the 
opposite vehicular travel lanes.
    The installation of the median safety barriers is considered 
necessary safety repairs that should be performed without delay.
    In order to facilitate this structural work the bridge must remain 
in the closed position for the passage of vessel traffic from 7 a.m. on 
February 24, 2003 through 5 p.m. on April 14, 2003.
    The time frame requested to perform this necessary safety work, 
February 24, 2003 through April 14, 2003, is the best time to perform 
this work because the bridge has historically had very few requests to 
open during that time period. In 2001 only one commercial vessel 
transit required a bridge opening and in 2002 only three commercial 
vessel transits required bridge openings between February 24 and April 
14.
    During the last ten days of the above closure the bridge will be 
balanced and tested. A limited number of bridge openings would be 
available for the passage of vessel traffic during the time period the 
bridge will be balanced and tested.
    The Coast Guard believes this temporary final rule is reasonable 
because this work is essential for public

[[Page 9891]]

safety and will be performed when the bridge has the fewest number of 
requests to open.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking and as a result, no changes have been made to this 
final rule.

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 waterway users who 
normally navigate Mill Basin are predominantly recreational vessels. 
There are four commercial facilities, two recreational vessel marinas, 
and two recreational/commercial vessel repair yards upstream from the 
bridge.
    The time period the bridge will be closed is historically the time 
period during which the fewest requests are made to open the bridge. 
Between February 24 and April 14, 2001, only one commercial vessel 
transit required the bridge to open. Only three commercial vessel 
transits required bridge openings during the same period in 2002.
    Vessels that can pass under the bridge without a bridge opening may 
do so at all times.

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 waterway users who 
normally navigate Mill Basin are predominantly recreational vessels. 
There are four commercial facilities, two recreational vessel marinas, 
and two recreational/commercial vessel repair yards upstream from the 
bridge.
    The time period the bridge will be closed is historically the time 
period during which the fewest requests are made to open the bridge. 
Between February 24 and April 14, 2001, only one commercial vessel 
transit required the bridge to open. Only three commercial vessel 
transits required bridge openings during the same period in 2002.
    Vessels that can pass under the bridge without a bridge opening may 
do so at all times.

Assistance for Small Entities

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

    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

[[Page 9892]]

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 February 24, 2003 through April 14, 2003, in Sec.  117.795, 
paragraph (b) is temporarily suspended, and a new temporary paragraph 
(d) is added, to read as follows:


Sec.  117.795  Jamaica Bay and Connecting Waterways.

* * * * *
    (d) The draw of the New York City highway bridge, mile 0.8, across 
Mill Basin on Belt Parkway, need not open for the passage of vessel 
traffic from 7 a.m. on February 24, 2003 through 5 p.m. on April 14, 
2003.

    Dated: February 10, 2003.
John L. Grenier,
Captain, Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 03-4761 Filed 2-28-03; 8:45 am]
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