[Federal Register Volume 66, Number 89 (Tuesday, May 8, 2001)]
[Rules and Regulations]
[Pages 23157-23159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11493]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-01-054]
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

[[Page 23158]]

governing the operation of 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 6, 2001, at different times of 
short duration to facilitate the running of the Five Borough 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 only on Sunday, May 6, 
2001.

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 (CGD01-01-054) 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. Joseph Arca, Project Officer, 
First Coast Guard District, (212) 668-7165.

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 unnecessary. 
The Coast Guard believes notice and comment are unnecessary because the 
requested closures are of such short duration on a Sunday when there 
have been few requests to open these bridges. The Harlem River and 
Newtown Creek is used mostly by commercial vessels and those vessels 
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. 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. 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 listed at 117.801(g) require the draw to 
open on signal, if at least a two-hour advance notice is given. The 
Coast Guard published a temporary final rule on March 23, 2001, 
entitled Drawbridge operation regulations, New York, (66 FR 16128) 
which allows the Pulaski Bridge, to need open only one bascule span for 
the passage of vessel traffic, from April 23, 2001 through August 31, 
2001.
    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 6, 2001, to allow 
the bridges to remain in the closed position to facilitate the running 
of the Five Borough 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 12 p.m. on May 6, 2001. The Pulaski 
Bridge, mile 0.6, across the Newtown Creek between Brooklyn and Queens, 
shall remain in the closed position from 9:30 a.m. to 1:30 p.m. on May 
6, 2001. 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.

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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 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.

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 written ``Categorical Exclusion Determination'' 
is not required for the temporary final rule.

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.

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 Sec. 117.789, from 8 a.m. through 12 p.m. on May 6, 2001, 
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 6, 2001, from 8 a.m. 
to 12 p.m.
    3. In section 117.801, from 9:30 a.m. through 1:30 p.m. on May 6, 
2001, paragraph (g) and (h) are suspended and a new paragraph (i) is 
added to read as follows:


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

* * * * *
    (i) 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 6, 2001, from 9:30 a.m. to 1:30 p.m.

    Dated: April 19, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-11493 Filed 5-7-01; 8:45 am]
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