[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Rules and Regulations]
[Pages 30827-30828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12358]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-021]
RIN 1625-AA09


Drawbridge Operation Regulations: Harlem River, 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 Triborough (125th Street) Bridge, mile 
1.3, across the Harlem River at New York City, New York. This temporary 
final rule allows the bridge owner to require a forty-eight hour notice 
for bridge openings from June 1, 2004, through January 31, 2005. This 
action is necessary to facilitate structural rehabilitation at the 
bridge.

DATES: This rule is effective from June 1, 2004, through January 31, 
2005.

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 (CGD01-04-021) and are available for inspection or 
copying the First Coast Guard District, Bridge Branch Office, One South 
Street, New York, New York, 10004, 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. Joe Arca, Project Officer, First 
Coast Guard District, (212) 668-7069.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 5, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Harlem River, New 
York, in the Federal Register (69 FR 17616). 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. Making this rule effective in less than 30 days is necessary 
in order to allow bridge repairs to start on June 1, 2004. The Coast 
Guard believes this is reasonable since the bridge has not received an 
opening request in over three years.

Background and Purpose

    The Triborough (125th Street) Bridge has a vertical clearance of 54 
feet at mean high water and 59 feet at mean low water in the closed 
position.
    The existing drawbridge operation regulations listed at 33 CFR 
117.789(d) require the bridge to open on signal from 10 a.m. to 5 p.m. 
after at least a four-hour notice is given.
    The owner of the bridge, the Triborough Bridge and Tunnel Authority 
(TBTA), requested a temporary change to the drawbridge operation 
regulations to allow the bridge owner to require a forty-eight hour 
notice for bridge openings from June 1, 2004, through January 31, 2004, 
to facilitate structural rehabilitation of the bridge. The Triborough 
(125th Street) Bridge has not received any requests to open for the 
past three years.
    The bridge owner plans to replace the structural steel deck system 
at the bridge between June 1, 2004, and January 31, 2005. Temporary 
concrete roadway barriers will be used to redirect vehicular traffic 
over the bridge to facilitate lane closures required to structurally 
rehabilitate sections of the bridge roadway steel decking.
    Under the existing drawbridge operation regulations, which require 
a four-hour advance notice, unscheduled bridge opening requests would 
be impossible to grant. Such openings would be impossible because of 
the time needed to safely remove construction equipment, concrete 
barriers, and construction workers from the lift span. The additional 
advanced notice will allow time for the bridge operators to properly 
remove construction materials so that the bridge may operate safely 
upon request for an opening. Additionally, the Coast Guard believes the 
requested forty-eight hour advance notice requirement is reasonable 
based upon the lack of bridge opening requests over the past three 
years.

Discussion of Comments and Changes

    We received no comment letters in response to the notice of 
proposed rulemaking. No changes were 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 Homeland 
Security (DHS). This conclusion is based on the fact that the bridge 
has received no vessel traffic for the past three years, thus there 
will be little, if any, impact on vessel traffic by the increased 
advance notice requirement. The bridge will continue to open for vessel 
traffic with 48 hours advance notice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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. The reasoning for this conclusion is the same as that found 
under the ``Regulatory Evaluation'' section.

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).

[[Page 30828]]

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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this final 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. It has been determined that this final 
rule does not significantly impact the environment. Under figure 2-1, 
paragraph (34)(e) of the Instruction, an ``Environmental Analysis Check 
List'' and a ``Categorical Exclusion Determination'' are not required 
for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

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. 0170.1; 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 June 1, 2004 through January 31,2005, 
paragraph (d) is temporarily suspended and a new temporary paragraph 
(h) is added to read as follows:


Sec.  117.789  Harlem River.

* * * * *
    (h) The draw of the Triborough (125th Street) Bridge, mile 1.3, 
shall open on signal from 10 a.m. to 5 p.m. if at least a forty-eight 
hour notice is given.

    Dated: May 20, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-12358 Filed 5-28-04; 8:45 am]
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