[Federal Register Volume 69, Number 65 (Monday, April 5, 2004)]
[Rules and Regulations]
[Pages 17595-17597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7624]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-018]
RIN 1625-AA09


Drawbridge Operation Regulations; Harlem River, Newtown Creek, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the Third Avenue Bridge, mile 1.9, across 
the Harlem River between Manhattan and the Bronx; the Madison Avenue 
Bridge, mile 2.3, across the Harlem River between Manhattan and the 
Bronx; and the Pulaski Bridge, mile 0.6, across Newtown Creek between 
Brooklyn and Queens. This temporary final rule authorizes the bridge 
owner to close the above bridges on May 2, 2004, at different times of 
short duration to facilitate the running of the Five Borough Bike Tour. 
Vessels that can pass under the bridges without a bridge opening may do 
so at any time.

DATES: This rule is effective on May 2, 2004.

ADDRESSES: Documents referred to in this rule 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. The telephone number is (212) 668-7165. The First 
Coast Guard District Bridge Branch maintains the public docket for this 
rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Jose 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 in less than 30 days after publication in the Federal 
Register.
    The Coast Guard believes this action is reasonable because the city 
only recently made the request to keep these bridges closed and the 
requested closures are of short duration on a Sunday when the bridges 
normally have no requests to open.
    The Harlem River and the Newtown Creek are navigated predominantly 
by commercial vessels that pass under the bridges without bridge 
openings. The few 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 the race participants.

[[Page 17596]]

Background and Purpose

Third Avenue Bridge

    The Third Avenue Bridge, at mile 1.9, across the Harlem River 
between Manhattan and the Bronx, has a vertical clearance of 25 feet at 
mean high water and 30 feet at mean low water in the closed position. 
The existing operating regulations are listed at Sec.  117.789(c).

Madison Avenue Bridge

    The Madison Avenue Bridge, at mile 2.3, across the Harlem River 
between Manhattan and the Bronx, has a vertical clearance of 25 feet at 
mean high water and 29 feet at mean low water in the closed position. 
The existing operating regulations are listed at Sec.  117.789(c).

Pulaski Bridge

    The Pulaski Bridge, at 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 are listed at Sec.  117.801(g).
    The owner of the bridges, New York City Department of 
Transportation, requested a change to the operating regulations for the 
Third Avenue Bridge, the Madison Avenue Bridge, and the Pulaski Bridge, 
to facilitate the running of the Five Borough Bike Tour on Sunday, May 
2, 2004.
    Under this temporary final rule the Third Avenue Bridge, at mile 
1.9, and the Madison Avenue Bridge, at mile 2.3, may remain in the 
closed position from 8 a.m. to 12 p.m. on Sunday, May 2, 2004. The 
Pulaski Bridge, at mile 0.6, across Newtown Creek, may remain in the 
closed position from 9:30 a.m. to 11:30 a.m. on Sunday, May 2, 2004. 
Vessels that can pass under the bridges without a bridge opening may do 
so at all times.

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 Homeland 
Security (DHS).
    This conclusion is based on the fact that the requested closures 
are of short duration on a Sunday morning when the bridges normally do 
not receive any requests to open.

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 requested closures are of 
short duration on a Sunday morning when the bridges normally do not 
receive any requests to open.

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 affect 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 analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2. of the 
instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e) of the instruction, from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found to not have a significant effect 
on the environment.

List of Subjects in 33 CFR Part 117

    Bridges.

[[Page 17597]]

Regulations

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. In Sec.  117.789, from 8 a.m. through 12 p.m. on May 2, 2004, 
paragraph (c) is temporarily suspended and a new temporary paragraph 
(g) is added to read as follows:


Sec.  117.789  Harlem River.

* * * * *
    (g) The draws of the bridges at 103 Street, mile 0.0, Willis 
Avenue, mile 1.5, 145 Street, mile 2.8, Macombs Dam, mile 3.2, 207 
Street, mile 6.0, and the two Broadway Bridges, mile 6.8, shall open on 
signal from 10 a.m. to 5 p.m. if at least four-hours notice is given to 
the New York City Highway Radio (Hotline) Room. The Third Avenue 
Bridge, mile 1.9, and the Madison Avenue Bridge, mile 2.3, need not 
open for vessel traffic from 8 a.m. to 12 p.m. on Sunday, May 2, 2004.

0
3. In section 117.801, from 9:30 a.m. through 11:30 a.m. on May 2, 
2004, 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 Greenpoint Avenue Bridge, mile 1.3, shall open 
on signal if at least a two-hour advance notice is given to the New 
York City Department of Transportation Radio (Hotline) Room. The 
Pulaski Bridge, mile 0.6, need not open for vessel traffic from 9:30 
a.m. to 11:30 a.m. on May 2, 2004.

    Dated: March 25, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-7624 Filed 4-4-04; 8:45 am]
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