[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Rules and Regulations]
[Pages 20743-20745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9639]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-00-121]
RIN 2115-AE47


Drawbridge Operation Regulations: Harlem River, Newtown Creek, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of three New York City Bridges; the Third 
Avenue Bridge, mile 1.9, across the Harlem River between Manhattan and 
the Bronx, the Madison Avenue Bridge, mile 2.3, across the Harlem River 
between Manhattan and the Bronx, and the Pulaski Bridge, mile 0.6, 
across Newtown Creek between Brooklyn and Queens. This temporary final 
rule authorizes the bridge owner to close the above bridges on May 7, 
2000, at different times of short duration to facilitate the running of 
the Five Boro Bike Tour. Vessels that can pass under the bridges 
without a bridge opening may do so at any time.

DATES: This temporary final rule is effective from 8 a.m. until 12 p.m. 
on Sunday, May 7, 2000.

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 (CGD01-00-121) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 6:30 a.m. to 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard has determined that good cause exists under the 
Administrative Procedure Act (5 U.S.C. 553) to forego notice and 
comment for this rulemaking because notice and comment are 
impracticable. The Coast Guard believes notice and comment are 
impracticable because the requested closures are of such short 
duration. In the last two years, there have been few requests to open 
these bridges on Sunday during the hours they will be closed. Vessel 
traffic on the Harlem River and Newtown Creek is mostly commercial 
vessels that normally pass under the draws without openings. The 
commercial vessels that do require openings are work barges that do not 
operate on Sundays. The Coast Guard, for the reasons just stated, has 
also determined that good cause exists for this rule to be effective 
less than 30 days after it is published in the Federal Register.

Background

    Third Avenue Bridge. The Third Avenue Bridge, mile 1.9, across the 
Harlem River between Manhattan and the Bronx, has a vertical clearance 
of 25 feet at mean high water and 30 feet at mean low water in the 
closed position. The existing operating regulations listed at 
Sec. 117.789(c) require the draw to open on signal from 10 a.m. to 5 
p.m., if at least a four-hour notice is given to the New York City 
Highway Radio (Hotline) Room. From 5 p.m. to 10 a.m., the draw need not 
be opened for vessel traffic.
    Madison Avenue Bridge. The Madison Avenue Bridge, mile 2.3, across 
the Harlem River between Manhattan and the Bronx, has a vertical 
clearance of 25 feet at mean high water and 29 feet at mean low water 
in the closed position. The existing operating regulations listed at 
Sec. 117.789(c) require the draw to open on signal from 10 a.m. to 5 
p.m., if at least a four-hour notice is given to the New York City 
Highway Radio (Hotline) Room. From 5 p.m. to 10 a.m., the draw need not 
be opened for vessel traffic.
    Pulaski Bridge. The Pulaski Bridge, mile 0.6, across the Newtown 
Creek between Brooklyn and Queens, has a vertical clearance of 39 feet 
at mean high water and 43 feet at mean low water in the closed 
position. The existing operating regulations require the draw to open 
on signal at all times.

[[Page 20744]]

    The New York City Department of Transportation (NYCDOT) requested a 
change to the operating regulations for the Third Avenue Bridge, the 
Madison Avenue Bridge, and the Pulaski Bridge on May 7, 2000, to allow 
the bridges to remain in the closed position at different times to 
facilitate the running of the Five Boro Bike Tour.
    The Third Avenue Bridge, mile 1.9, across the Harlem River between 
Manhattan and the Bronx and the Madison Avenue Bridge, mile 2.3, across 
the Harlem River between Manhattan and the Bronx, shall remain in the 
closed position from 8 a.m. to 11 a.m. on May 7, 2000. The Pulaski 
Bridge, mile 0.6, across the Newtown Creek between Brooklyn and Queens, 
shall remain in the closed position from 9 a.m. to 12 p.m. on May 7, 
2000.
    Vessels that can pass under the bridges without bridge openings may 
do so at all times.

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 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 Transportation (DOT) (44 FR 11040; February 26, 
1979). This conclusion is based on the fact that the requested closures 
are of short duration and on Sunday morning when there have been few 
requests to open these bridges.

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. ``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 requested 
closures are of short duration and on Sunday when there have been few 
requests to open these bridges.

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).

Federalism

    We have analyzed this rule under Executive Order 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 unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will 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 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 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

    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 
available in the docket for inspection or copying 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 amends 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. In section 117.789, from 8 a.m. through 11 a.m. on May 7, 2000, 
paragraph (c) is temporarily suspended and a new paragraph (g) is added 
to read as follows:


Sec. 117.789  Harlem River

* * * * *
    (g) The draws of the Third Avenue Bridge, mile 1.9, and the Madison 
Avenue Bridge, mile 2.3, across the Harlem River between Manhattan and 
the Bronx, need not open for vessel traffic on May 7, 2000, from 8 a.m. 
to 11 a.m.

    3. In section 117.801, from 9 a.m. through 12 p.m. on May 7, 2000, 
a new paragraph (a)(5) is added to read as follows:


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

    (a) * * *
    (5) The draw of the Pulaski Bridge, mile 0.6, across the Newtown 
Creek between Brooklyn and Queens, need not open for vessel traffic on 
May 7, 2000, from 9 a.m. to 12 p.m.
* * * * *


[[Page 20745]]


    Dated: April 6, 2000.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 00-9639 Filed 4-17-00; 8:45 am]
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