Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 /Rules and Regulations 27679

Dated: May 14, 1998.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 98–13377 Filed 5–19–98; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD1–95–002]

RIN 2115–AE47

Drawbridge Operation Regulations;

New Rochelle Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

the regulations governing the Glen

Island Bridge, mile 0.8, across New

Rochelle Harbor in New Rochelle. The

change requires two hours advance

notice for openings between the hours

of 12 midnight and 6 a.m. from May 1

through October 31, and twenty-four

hours advance notice between the hours

of 8 p.m. and 8 a.m. from November 1

through April 30. This change was

requested by the Westchester County

Department of Parks because of the few

requests for bridge openings during

these time periods. This action relieves

the bridge owner of the burden of

having personnel constantly available to

open the bridge and should provide for

the reasonable needs of navigation. This

change to the regulations will also

require the bridge owner to install and

maintain clearance gauges.

DATES: This final rule is effective June

19, 1998.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the First Coast

Guard District Office, Battery Park Bldg.,

New York, New York 10004–5073, 7

a.m. to 3 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (212) 668–7069.

FOR FURTHER INFORMATION CONTACT: Mr.

J. Arca, project officer, First Coast Guard

District, Bridge Branch. The telephone

number is (212) 668–7069.

SUPPLEMENTARY INFORMATION:

Regulatory History

On January 27, 1995, the Coast Guard

published a notice of proposed

rulemaking entitled ‘‘Drawbridge

Operation Regulations; New Rochelle

Harbor, NY’’ in the Federal Register (60

FR 5343). Ninety-eight comments

expressing opposition to the proposal

were received. No public hearing was

requested and none was held. Following

revision of the regulation request by

Westchester County, the Coast Guard,

on May 13, 1996, published a

supplemental notice of proposed

rulemaking entitled ‘‘Drawbridge

Operation Regulations; New Rochelle

Harbor, New York’’ in the Federal

Register (61 FR 22002). The Coast Guard

received sixteen letters commenting on

this supplemental notice of proposed

rulemaking. No public hearing was

requested, and none was held.

Background

The Glen Island Bridge has a vertical

clearance of 13 feet above Mean High

Water (MHW) and 20 feet above Mean

Law Water (MLW) in the closed

position. The bridge is presently

required to open on signal. The new

regulations will provide openings on

signal with two hours advance notice

between the hours of 12 midnight and

6 a.m. from May 1 through October 31,

and twenty-four hours advance notice

between the hours of 8 p.m. and 8 a.m.

from November 1 through April 30.

From May 1994, through October

1994, there were thirty two bridge

openings between midnight and 6 a.m.

From November 1994, through April

1995, there ware twenty openings

between 8 p.m. and 8 a.m. The existing

regulations are being changed to provide

Westchester County relief from having

an operator in constant attendance at

the bridge since there is limited demand

for bridge openings during the regulated

periods.

Discussion of Comments and Changes

Sixteen comments were received in

response to the supplemental notice of

proposed rulemaking. One expressed no

objection; one comment from

Westchester County Department of

Parks endorsed the proposal; fourteen

comments objected to the proposal. Of

those fourteen, eight objected because of

the misconception that the bridge will

not open for marine traffic and they will

be forced to use the back for channel.

The back channel is considered

dangerous for nighttime passage due to

the shallowness and narrowness of the

channel and the lack of lighted aids to

navigation. This concern is dispelled

since the bridge will open when needed

except an advance notice for openings

will be required. Additionally, the

waterway provides sufficient area for

mariners to anchor nearby while waiting

for an opening. Three objections

expressed concern that approval of the

request would lead to further

encroachment on the full time operating

hours of the bridge. An approved

request for change to operating

regulations is not a valid basis for

subsequent approval of additional

changes. In the event that further

changes are sought, if warranted the

Coast Guard will reinitiate notice and

comment rulemaking. All requests to

change regulations are examined in light

of the reasonable needs of navigation.

One objection expressed concern that

vessel appurtenances would have to be

lowered. 33 CFR 117.11(a) requires that,

‘‘No vessel owner or operator shall (a)

Signal a drawbridge to open if the

vertical clearance is sufficient to allow

the vessel, after all lowerable nonstructural vessel appurtenances that are

not essential to navigation have been

lowered, to safely pass under the

drawbridge in the closed position.’’

Only those vessel appurtenances that

are non-structural and non-essential to

navigation have to be lowered in

accordance with the law. One

commentor requested installation of a

marine radio at the bridge. Installation

of marine radio is unnecessary since the

waterway is strictly recreational and the

majority of bridge openings are for

sailboats most of which are not

equipped with marine radio. Installation

of a marine radio will not enhance

marine safety and would be an

unnecessary economic burden on the

bridge owner. The final objection, from

the Westchester County Board of

Legislators, included a legislative

resolution urging denial of the requested

change by the Coast Guard based on the

deterrent to criminal activity in the

adjacent park offered by constant

attendance on the bridge. Marine safety

concerns were cited as well. Because of

opposing views on the regulation

change by two elements of Westchester

County government, the Coast Guard

requested, by letter dated February 26,

1997, that the County Executive

reiterate the County’s position. By letter

March 20, 1997, the Commissioner of

the Westchester County Department of

Parks, on behalf of the County Executive

indicated the County’s continued desire

to seek the proposed regulation change.

A telephone conversation with Parks

Commissioner DeSantis on 31 March

1997 provided further confirmation.

The infrequent requests for bridge

openings during the regulated period

and the ability to obtain bridge openings

by providing advance notice makes the

requested regulation change reasonable.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs
27680 Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 /Rules and Regulations

and benefits under section 6(a)(3) of that

Order. It has not been reviewed by the

Office of Management and Budget under

that Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This final rule adopts the operating

hours which the Coast Guard believes to

be appropriate since the recreational

boaters that use this waterway seldom

transit during night time and thus, a

requirement for the bridge operator to be

present during all time periods, is

unwarranted. The Coast Guard believes

this final rule achieves the requirement

of balancing the navigational rights of

recreational boaters and the needs of

land based transportation.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdiction

with populations of less than 50,000.

Therefore, for the reasons discussed in

the Regulatory Evaluation section above,

the Coast Guard certifies under section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this final rule

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under Figure 2–1,

paragraph 32(e), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to not have

a significant effect on the environment.

A ‘‘Categorical Exclusion

Determination’’ is not required for this

rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—[AMENDED]

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); § 117.255 also issued under

the authority of Pub. L. 102–587, 106 Stat.

5039.

2. Add § 117.082 to read as follows:

§ 117.802 New Rochelle Harbor.

(a) The draw of the Glen Island

Bridge, mile 0.8, at New Rochelle, New

York, shall open on signal, except as

follows:

(1) two hours advance notice shall be

given for openings from 12 midnight to

6 a.m. from May 1st through October

31st by calling the number posted at the

bridge.

(2) twenty-four hours advance notice

shall be given for openings from 8 p.m.

to 8 a.m. from November 1st through

April 30th by calling the number posted

at the bridge.

(b) The owner of the bridge shall

provide, and keep in good legible

condition, clearance gauges with figures

not less than twelve (12) inches high

designed, installed, and maintained

according to the provisions of § 118.160

of this chapter.

Dated: May 6, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 98–13401 Filed 5–19–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP SAN JUAN 97–045]

RIN 2115–AA97

SZ; San Juan Harbor, San Juan, Puerto

Rico

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent moving safety

zone around Liquefied Petroleum Gas

(LPG) ships transiting the waters of San

Juan Harbor, San Juan, Puerto Rico. Due

to their highly volatile cargoes, size,

draft, and the local channel restrictions,

LPG ships require use of the center of

these channels for safe navigation These

regulations are necessary for the

protection of life and property on the

navigable waters of the Untied States.

DATES: This rule becomes effective June

19, 1998.

FOR FURTHER INFORMATION CONTACT:

LT Christopher K. Palmer, project

officer, USCG Marine Safety Office San

Juan, (787) 729–6800 x320.

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 6, 1998, the Coast Guard

published a Notice of Proposed

Rulemaking (NPRM) in the Federal

Register (63 FR 6142). One comment

was received during the comment

period.

Background and Purpose

LPG vessels make the three-hour

transit through the waters of San Juan

Harbor on the average of once a week.

Historically, the Coast Guard has

established a temporary moving safety

zone each time an LPG ship transits the

waters of San Juan Harbor. These

vessels use the Bar, Anegado, and Army

Terminal Channels enroute to either the

Gulf Refinery Oil dock or the Catano Oil

dock. Temporary moving safety zones

are established for each transit because

of the significant risks LPG ships

present with their highly volatile

cargoes, their size, draft, and the local

channel restrictions which require that

LPGs use the center of the channel for

safe navigation. Given the recurring

nature of these port calls, the dangers

associated with LPG ships, and the need

to provide for the safety of live on

navigable waters during the arrival and

departure of LPG ships, the Coast Guard

is establishing a permanent moving

safety zone around these vessels during

their arrival and departure from San

Juan Harbor, San Juan, Puerto Rico.

The safety zone will be established in

an area one half mile around LPG ships

entering or departing San Juan Harbor.

Vessels will be prohibited from entering

the safety zone while the vessel is

transiting. The safety zone will be

activated when the vessel is one mile

north of San Juan Harbor #1 Sea Buoy,

and will cease once the vessel is moored

at either the Gulf Refinery Oil dock or

the Catano Oil dock. The Coast Guard

will assign a patrol, issue a Broadcast