[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Rules and Regulations]
[Pages 34571-34573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14066]


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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: Final rule.

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SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations that govern 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 final rule allows the bridge owner to keep the 
above bridges closed for various extended 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: This rule is effective July 22, 2004.

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 (CGD01-04-019) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Bridge Administrator, 
First Coast Guard District, (212)668-7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 6, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Harlem River, Newtown 
Creek, New York, in the Federal Register (69 FR 18004). 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 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 final rule makes the traditional closures part of the 
permanent drawbridge operation regulations. New York City Department of 
Transportation will provide the exact dates and times for each bridge 
several weeks in advance of the race. Those dates and times will 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 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 Homeland 
Security (DHS).
    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 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 bridge closures are 
of short duration on a Sunday in May and

[[Page 34572]]

November when the bridges normally do not receive any requests to open.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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.

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. Amend Sec.  117.789 by revising paragraph (c) to read as follows:


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 at various times between 8 a.m. and 5 p.m. on the first 
Sunday in May and 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.
* * * * *

[[Page 34573]]


0
3. Amend Sec.  117.801 by revising paragraph (g) to read as follows:


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

* * * * *
    (g)(1) The draw of the 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 
at various times 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: June 10, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-14066 Filed 6-21-04; 8:45 am]
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