[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Proposed Rules]
[Pages 18004-18006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7790]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-019]
RIN 1625-AA09


Drawbridge Operation Regulations; Harlem River, Newtown Creek, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations governing the operation of the Willis Avenue Bridge, mile 
1.5, the Third Avenue Bridge, mile 1.9, the Madison Avenue Bridge, mile 
2.3, all across the Harlem River and the Pulaski Bridge, mile 0.6, 
across Newtown Creek. This notice of proposed rulemaking would allow 
the bridge owner to keep the above bridges closed for periods of time 
on the first Sunday in both May and November in order to facilitate the 
running of the Five Borough Bike Tour and the New York City Marathon, 
respectively.

DATES: Comments must reach the Coast Guard on or before June 7, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(obr), First Coast Guard District Bridge Branch, One South Street, 
Battery Park Building, New York, New York, 10004, or deliver them to 
the same address 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. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at the First Coast Guard District, Bridge Branch, 
7 a.m. to 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joe Schmied, Project Officer, First 
Coast Guard District, (212) 668-7195.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-04-
019), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

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, at mile 2.3, across the Harlem River has 
a vertical clearance of 25 feet at mean high water and 29 feet at mean 
low water in the closed position.
    The Third Avenue Bridge, at mile 1.9, across the Harlem River has a 
vertical clearance of 25 feet at mean high water and 30 feet at mean 
low water 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 Pulaski Bridge listed at 
117.801(g) require it to open on signal if at least a two-hour advance 
notice is given.
    The current operating regulations for the Willis Avenue, Third 
Avenue, and Madison Avenue bridges, require the bridges to open on 
signal from 10 a.m. to 5 p.m., if at least four-hours notice is given.
    The owner of the bridges, New York City Department of 
Transportation requested a change to the operating regulations for the 
Willis Avenue Bridge, the Third Avenue Bridge, the Madison Avenue 
Bridge, and the Pulaski Bridge, to facilitate the running of the Five 
Borough Bike Tour and the New York City Marathon on the first Sunday in 
both May and November, respectively. They requested the bridges be 
closed for various extended periods of time between the hours of 8 a.m. 
and 5 p.m.
    Traditionally, these bridge closures were accomplished each year by 
publishing a temporary final rule in the Federal Register with the 
bridge closures occurring at various times ranging from 8 a.m. through 
5 p.m. The closure times were established to coincide with the race 
route through the city.
    This proposed rule would make the traditional closures part of the 
permanent drawbridge operation regulations. New York City Department of 
Transportation would provide the exact dates and times for each bridge 
several weeks in advance of the race. Those dates and times would be 
published in the Local Notice to Mariners.
    The Coast Guard believes this rule is reasonable because it would 
simplify the traditional bridge closure process. Additionally, the 
bridge closures are on Sundays when the bridges normally receive no 
requests to open.

Discussion of Proposal

    This proposed change would amend 33 CFR 117.789 by revising 
paragraph (c), which identifies the operating schedule of the Willis 
Avenue Bridge, the Third Avenue Bridge, and the Madison Avenue Bridge. 
This proposed rule would also amend 33 CFR 117.801 by revising 
paragraph (g), which identifies the operating schedule for the Pulaski 
Bridge.
    This proposed rule would allow the bridges to remain in the closed 
position for various extended periods of time between the hours of 8 
a.m. and 5 p.m. on the first Sunday in both May and November to 
facilitate the running of the Five Borough Bike Tour and the New York 
City Marathon.
    The Five Borough Bike Tour is run on the first Sunday in May. 
During this event the Third Avenue and Madison Avenue bridges, across 
the Harlem River, are usually closed from 8 a.m. to 12 p.m. and the 
Pulaski Bridge, across

[[Page 18005]]

Newtown Creek, is normally closed from 9:30 a.m. to 11:30 a.m.
    The New York City Marathon is run on the first Sunday in November. 
During this event the Willis Avenue and Madison Avenue bridges, across 
the Harlem River, are normally closed from 10 a.m. to 5 p.m. and the 
Pulaski Bridge, across Newtown Creek, is normally closed from 8:30 a.m. 
to 3 p.m.
    The exact dates and times each bridge will be closed for the future 
running of the Five Borough Bike Tour and the New York City Marathon 
may be slightly changed and will be published in the Local Notice to 
Mariners several weeks in advance of each respective event.

Regulatory Evaluation

    This proposed 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 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under the regulatory 
policies and procedures of DHS, is unnecessary.
    This conclusion is based on the fact that the bridge closures are 
of short duration on a Sunday in May and November 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 proposed 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 of less than 
50,000.
    The Coast Guard certifies under section 5 U.S.C. 605(b), that this 
proposed rule would 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 on a Sunday in May and November when the bridges 
normally do not receive any requests to open.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Collection of Information

    This proposed rule would call 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 proposed 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 a 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a 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 proposed 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 
environment documentation because it has been determined that the 
promulgation of operating regulations or procedures for drawbridges are 
categorically excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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; 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.

    2. Revise Sec.  117.789(c) to read as follows:

[[Page 18006]]

Sec.  117.789  Harlem River.

* * * * *
    (c)(1) The draws of the bridges at 103 Street, mile 0.0, Willis 
Avenue, mile 1.5, Third Avenue, mile 1.9, Madison Avenue, mile 2.3, 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.
    (2) The Willis Avenue Bridge, mile 1.5, the Third Avenue Bridge, 
mile 1.9, and the Madison Avenue Bridge, mile 2.3, need not open for 
vessel traffic between 8 a.m. and 5 p.m. on the first Sunday in May and 
the first Sunday in November. The exact time and date of each bridge 
closure will be published in the Local Notice to Mariners several weeks 
prior to the first Sunday of both May and November.
* * * * *
    3. Revise Sec.  117.801(g) to read as follows:


Sec.  117.801  Newtown Creek, Dutch Kills, English Kills, and their 
tributaries.

* * * * *
    (g)(1) The draw of the Pulaski Bridge, mile 0.6, and 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.
    (2) The Pulaski Bridge, mile 0.6, need not open for vessel traffic 
between 8 a.m. and 5 p.m. on the first Sunday in both May and November. 
The exact time and date of the bridge closure will be published in the 
Local Notice to Mariners several weeks prior to the first Sunday of 
both May and November.

    Dated: March 25, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-7790 Filed 4-5-04; 8:45 am]
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