[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Proposed Rules]
[Pages 21683-21686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10154]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-069]
RIN 2115-AE47


Drawbridge Operation Regulations; Newtown Creek, Dutch Kills, 
English Kills and Their Tributaries, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating rules for six 
New York City bridges; the Pulaski Bridge, at mile 0.6, across Newtown 
Creek between Brooklyn and Queens, the Greenpoint Avenue Bridge, at 
mile 1.3, across the Newtown Creek between Brooklyn and Queens, the 
Grand Street/

[[Page 21684]]

Avenue Bridge, at mile 3.1, across Newtown Creek (East Branch) between 
Brooklyn and Queens, the Metropolitan Avenue Bridge, at mile 3.4, 
across English Kills at Brooklyn, the Borden Avenue Bridge, at mile 
1.2, across Dutch Kills at Queens, and the Hunters Point Avenue Bridge, 
at mile 1.4, across Dutch Kills at Queens all in New York. The bridge 
owner asked the Coast Guard to change the regulations to require a two-
hour advance notice for openings. It is expected to relieve the bridge 
owner from the requirement to crew the bridges at all times by using 
multiple crews of drawtenders and still meet the reasonable needs of 
navigation.

DATES: Comments must reach the Coast Guard on or before June 23, 2000.

ADDRESSES: You may mail comments and related material to Commander 
(obr), First Coast Guard District, Bridge Branch, at 408 Atlantic 
Avenue, Boston, MA 02110-3350, 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 (617) 223-8364. 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: Mr. John McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

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 (CGD01-99-
069), 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

    Pulaski Bridge. The Pulaski Bridge, at mile 0.6, across Newtown 
Creek between Brooklyn and Queens has a vertical clearance of 39 feet 
at mean high water and 43 feet at mean low water. The existing 
regulations require the draw to open on signal at all times.
    Greenpoint Avenue Bridge. The Greenpoint Avenue Bridge, at mile 
1.3, across the Newtown Creek between Brooklyn and Queens has a 
vertical clearance of 26 feet at mean high water and 31 feet at mean 
low water. The existing regulations require the draw to open on signal 
at all times.
    Grand Street/Avenue Bridge. The Grand Street/Avenue Bridge, at mile 
3.1 across the Newtown Creek (East Branch) between Brooklyn and Queens 
has a vertical clearance of 8 feet above mean high water and 12 feet at 
mean low water. The existing operating rules for the Grand Street/
Avenue Bridge, listed at 33 CFR 117.801(e), requires the bridge to open 
on signal unless the drawtender is at the Borden Avenue, Hunters Point 
Avenue or Roosevelt Island Bridges. In this event a notice to the New 
York City Department of Transportation (NYCDOT) Radio Hotline, or 
NYCDOT Bridge Operations Office shall be given, resulting in up to a 
one-hour delay.
    Metropolitan Avenue Bridge. The Metropolitan Avenue Bridge, at mile 
3.4, across the English Kills at Brooklyn has a vertical clearance of 
10 feet above mean high water and 15 feet above mean low water. The 
existing operating regulations require the draw to open on signal at 
all times.
    Borden Avenue Bridge. The Borden Avenue Bridge, at mile 1.3, across 
the Dutch Kills has a vertical clearance of 4 feet at mean high water 
and 9 feet at mean low water. The existing regulations in 33 CFR 
117.801(c) require the draw to open on signal if at least a one-hour 
advance notice is given to the drawtender at the Grand Street/Avenue 
Bridge, the New York City Department of Transportation Radio Hotline or 
NYCDOT Bridge Operations Office. In the event the drawtender is at the 
Roosevelt Island Bridge or the Hunters Point Avenue Bridge, up to an 
additional half-hour delay may occur.
    Hunters Point Avenue Bridge. The Hunters Point Avenue Bridge, at 
mile 1.4, over the Dutch Kills has vertical clearances of 8 feet at 
mean high water and 13 feet at mean low water. The existing regulations 
for the Hunters Point Avenue Bridge in 33 CFR 117.801(d) require the 
draw to open on signal if at least a one-hour advance notice is given 
to the drawtender at the Grand Street/Avenue Bridge, the NYCDOT Radio 
Hotline, or NYCDOT Bridge Operations Office. In the event the 
drawtender is at the Roosevelt Island Bridge or the Borden Avenue 
Bridge, up to an additional half-hour delay may occur.
    The owner of all the bridges, the New York City Department of 
Transportation (NYCDOT), submitted bridge opening log data to the Coast 
Guard for review. The bridge owner plans to operate these bridges with 
multiple crews of drawtenders. The two-hour advance notice should allow 
sufficient time for the crews to operate these bridges due to the close 
proximity of the bridges to each other. Recent yearly openings have 
been relatively low which will allow the bridge owner to utilize the 
roving crew concept and still meet the needs of navigation.
    The total number of bridge openings at the above bridges from 1991 
to 1999 are as follows:

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                                   1991     1992     1993     1994     1995     1996     1997     1998     1999
----------------------------------------------------------------------------------------------------------------
Pulaski........................      584      426      224      239      206      195      291      518      550
Greenpt........................     1014      880      587      549      498      557      626      920     1016
Grand..........................      419      549      224      254      239      189       37       86       91
Borden.........................      282      107      141        0        0      105       15       37       61
Hunters........................      264      106      141        0        0      113       15       42       77
Metro..........................      301      356      225      310      272      407      432      588      688
----------------------------------------------------------------------------------------------------------------


[[Page 21685]]

    The monthly distribution of openings for the above bridges were 
equally balanced without any specific months when opening requests were 
significantly greater.

Discussion of Proposal

    This proposal, if adopted will relieve the bridge owner the burden 
of crewing each bridge continually, and still meet the reasonable needs 
of navigation. A two-hour advance notice requirement for bridge 
openings will enable the bridge owner to utilize multiple crews of 
drawtenders to open these bridges for vessel traffic. The Coast Guard 
believes the roving drawtender concept requiring a two-hour advance 
notice is reasonable and should meet the needs of navigation based upon 
the low number of yearly openings at the bridges, the close proximity 
of the bridges, and the scheduling of commercial vessel transits. The 
bridges will still open on signal at all times provided that the 
advance notice is given. This proposed rule is expected to relieve the 
bridge owner of the burden of crewing each bridge continually and still 
meet the reasonable needs of navigation.
    The Coast Guard proposes to change the operating regulations for 
the Grand Street/Avenue Bridge, Borden Avenue Bridge, Hunters Point 
Bridge, Metropolitan Bridge, Pulaski Bridge and the Greenpoint Bridge, 
to require a two-hour advance notice for openings at all times.
    Paragraph (a)(1) of 33 CFR 117.801 for public and state vessels 
used for public safety, will be removed because it is now set out at 33 
CFR 117.31 under the general operating regulations for bridges.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040, Feb. 
26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under paragraph 10e of the 
regulatory policies and procedures of DOT, is unnecessary. This 
conclusion is based on the fact that the bridges will open for marine 
traffic but will require mariners to provide a two-hour notice.

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 upon the 
fact that the bridges will still open on signal after a two-hour notice 
is given.
    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

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

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 E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 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.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.801 is revised to read as follows:


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

    (a) The following requirements apply to all bridges across Newtown 
Creek, Dutch Kills, English Kills, and their tributaries:
    (1) The owners of all bridges across Newtown Creek, Dutch Kills, 
English Kills and their tributaries listed under Sec. 117.801, shall 
provide and keep in good legible condition two clearance gauges with 
figures not less than 12 inches high designed, installed and maintained 
according to the provisions of Sec. 118.160 of this chapter.
    (2) Trains and locomotives shall be controlled so that any delay in 
opening the draw shall not exceed five minutes. If a train moving 
toward the bridge has crossed the home signal for the bridge before the 
request to open the bridge is

[[Page 21686]]

given, that train may continue across the bridge, but must clear the 
interlock before stopping.
    (b) The draws of the Long Island Railroad bridges, at mile 1.1, 
across Dutch Kills at Queens, shall open on signal if at least six-
hours advance notice is given to the Long Island Railroad Movement 
Bureau, except as provided in paragraph (a)(2) of this section.
    (c) The draw of the Borden Avenue Bridge, mile 1.2, across Dutch 
Kills at Queens, shall open on signal if at least a two-hour advance 
notice is given to the New York City Department of Transportation 
(NYCDOT) Radio Hotline or NYCDOT Bridge Operations Office.
    (d) The draw of the Hunters Point Avenue Bridge, mile 1.4, across 
Dutch Kills at Queens, shall open on signal if at least a two-hour 
advance notice is given to the New York City Department of 
Transportation (NYCDOT) Radio Hotline or the NYCDOT Bridge Operations 
Office.
    (e) The draw of the Metropolitan Avenue Bridge, mile 3.4, across 
English Kills at New York City, shall open on signal if at least a two-
hour advance notice is given to the New York City Department of 
Transportation (NYCDOT) Radio Hotline or the NYCDOT Bridge Operations 
Office.
    (f) The draw of the Grand Street/Avenue Bridge, mile 3.1, across 
Newtown Creek (East Branch) between Brooklyn and Queens, shall open on 
signal if at least a two-hour advance notice is given to the New York 
City Department of Transportation (NYCDOT) Radio Hotline or the NYCDOT 
Bridge Operations Office.
    (g) The draws of the Pulaski Bridge, mile 0.6, and the Greenpoint 
Avenue Bridge, mile 1.3, both across the Newtown Creek between Brooklyn 
and Queens, shall open on signal if at least a two-hour advance notice 
given to the New York City Department of Transportation (NYCDOT) Radio 
Hotline or NYCDOT Bridge Operations Office.

    Dated: April 6, 2000.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 00-10154 Filed 4-21-00; 8:45 am]
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