[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Proposed Rules]
[Pages 4852-4854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-855]



[[Page 4852]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-06-006]
RIN 1625-AA09


Drawbridge Operation Regulations; Jamaica Bay and Connecting 
Waterways, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge 
operating regulations governing the operation of the New York City 
Highway Bridge (Belt Parkway), at mile 0.8, across Mill Basin. This 
notice of proposed rulemaking would allow the bridge owner to open only 
one of the two moveable spans for the passage of vessel traffic from 
March 1, 2006 through September 7, 2006. This proposed rule is 
necessary to facilitate bridge deck replacement.

DATES: Comments must reach the Coast Guard on or before March 1, 2006.

ADDRESSES: You may mail comments to Commander (dpb), 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: Ms. July Leung-Yee, 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 (CGD01-06-
006), 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.
    We anticipate making this rule effective in less than 30 days after 
publication in the Federal Register to allow for the rehabilitation 
work to commence in time for the March 1, 2006, deck replacement 
construction start date. The deck replacement for the New York City 
Highway (Belt Parkway) Bridge is vital, necessary work that must be 
performed without delay as a result of deterioration of the existing 
bridge deck which could fail if not replaced with all due speed. In 
order to assure the continued safe and reliable operation of the bridge 
construction work should begin as scheduled on March 1, 2006. However, 
the Coast Guard desires to allow as much time as possible for public 
participation in the rulemaking process. Thus, we are allowing the 
comment period to run into the 30-day time period normally included 
between publication and the effective date.

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 New York City Highway Bridge (Belt Parkway) has a vertical 
clearance of 34 feet at mean high water and 39 feet at mean low water 
in the closed position. The existing operating regulations are listed 
at 33 CFR 117.795(b).
    The owner of the bridge, New York City Department of Transportation 
(NYCDOT), requested a temporary change to the drawbridge operation 
regulations to facilitate the replacement of the bridge roadway deck.
    This rulemaking is necessary because during the prosecution of this 
rehabilitation construction, the opening span that is undergoing deck 
replacement cannot open for vessel traffic. As a result, the bridge 
owner requested that only one of the two opening spans need open for 
the passage of vessel traffic from March 1, 2006 through September 7, 
2006.

Discussion of Proposed Rule

    This proposed change would amend 33 CFR 117.795 by suspending 
paragraph (b), which lists the New York City Highway Bridge (Belt 
Parkway), and add a temporary paragraph (d) to allow single span bridge 
openings from March 1, 2006 through September 7, 2006.
    The horizontal clearance at the bridge is 135 feet with both spans 
opened and 67.5 feet with a single span open.
    The Coast Guard believes this proposed rule is reasonable because 
the recreational vessel traffic that normally transits this bridge can 
safely pass through the bridge with a single span opening of 67.5 feet 
of horizontal clearance.

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 (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under the regulatory polices 
and procedures of DHS is unnecessary.
    This conclusion is based on the fact that the vessel traffic that 
normally transits this bridge should not be precluded from transiting 
due to single span bridge openings.

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 notice of proposed rulemaking would not have a significant 
economic impact on a substantial number of small

[[Page 4853]]

entities for the following reason: Mill Basin is navigated 
predominantly by recreational vessels.
    The single span bridge openings should not preclude vessel traffic 
from transiting the bridge because the recreational vessels that 
normally use this waterway should be able to transit through the bridge 
with the reduced horizontal clearance of 67.5 feet due to their 
relative small size.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact us in writing at, Commander 
(dpb), First Coast Guard District, Bridge Branch, One South Street, New 
York, NY 10004. The telephone number is (212) 668-7165. The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

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. 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

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 made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (32)(e), of the 
Instruction, from further environment documentation because this action 
relates to the promulgation of operating regulations or procedures for 
drawbridges.
    Under figure 2-1, paragraph (32)(e) of the instruction, an 
``Environmental Analysis Checklist'' is not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. From March 1, 2006 through September 7, 2006, Sec.  117.795 is

[[Page 4854]]

amended by suspending paragraph (b) and adding a temporary paragraph 
(d) to read as follows:


Sec.  117.795  Jamaica Bay and Connecting Waterways.

* * * * *
    (d) The New York City Highway Bridge (Belt Parkway), mile 0.8, 
across Mill Basin, need only open one moveable span for the passage of 
vessel traffic from March 1, 2006 through September 7, 2006. The draw 
need not be opened for the passage of vessel traffic from 12 p.m. to 9 
p.m. on Sundays from May 15 through September 30, and on Memorial Day, 
Independence Day, and Labor Day. However, on these days the draw shall 
open on signal from the time two hours before to one hour after the 
predicted high tide(s). For the purpose of this section, predicted high 
tide(s) occur 15 minutes later than that predicted for Sandy Hook, as 
documented in the tidal current data, which is updated, generated and 
published by the National Oceanic and Atmospheric Administration/
National Ocean Service.

    Dated: January 22, 2006.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 06-855 Filed 1-25-06; 4:03 pm]
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