[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22002-22003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11905]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD01-95-002]
RIN 2115-AE47


Drawbridge Operation Regulations New Rochelle Harbor, NY

AGENCY: Coast Guard DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the regulations 
governing the Glen Island Bridge, mile 0.8, across New Rochelle Harbor 
in New Rochelle, New York. The proposal would require two hours advance 
notice for openings between the hours of 12 midnight and 6 a.m. from 
May 1st through October 31st, and twenty-four hours advance notice 
between the hours of 8 p.m. and 8 a.m. from November 1st through April 
30th.
    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 should relieve the bridge owner of the burden of 
having personnel constantly available to open the bridge and should 
provide for the reasonable needs of navigation.

DATES: Comments must be received on or before July 12, 1996.

ADDRESSES: Comments should be mailed to Commander (obr), First Coast 
Guard District, Building 135A, Governors Island, New York, 10004-5073, 
or may be hand-delivered to the same address between 6:30 a.m. and 3 
p.m., Monday through Friday, except federal holidays. The telephone 
number is (212) 668-7170. The comments will become part of this docket 
and will be available for inspection and copying by appointment at the 
above address.

FOR FURTHER INFORMATION CONTACT:
Gary Kassof, Bridge Program Manager, First Coast Guard District, (212) 
668-7069.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, comments, data, or 
arguments. Persons submitting comments should include their name and 
address, identify this rulemaking (CGD1 95-002), the specific section 
of this proposal to which each comment applies, and give reasons for 
each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format no larger than 8\1/2\'' 
by 11'', suitable for copying and electronic filing. If that is not 
practical, a second copy of any bound material is requested. Persons 
desiring acknowledgment that their comments have been received are to 
enclose a stamped, self-addressed post card or envelope.
    The Coast Guard will consider all comments received during the 
comment period, and may change this proposal in light of comments 
received. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to Commander (obr), First Coast Guard 
District at the address listed under ADDRESSES. The request should 
include reasons why a hearing would be beneficial. If the Coast Guard 
determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The Glen Island Bridge has vertical clearances when in the closed 
position of 13 feet above mean high water (MHW) and 20 feet above mean 
low water (MLW). The bridge is presently required to open on signal. 
The proposed regulations would provide openings on signal with two 
hours advance notice between the hours of 12 midnight and 6 a.m. from 
May through October, and with twenty-four hours

[[Page 22003]]

advance notice between the hours of 8 p.m. and 8 a.m. from November 
through April
    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), proposing a change 
in the operating regulations by permitting the bridge to remain closed 
from 1 May through 31 October between 12 midnight and 8 a.m. and from 1 
November through 30 April between 8 p.m. and 8 a.m. The Commander, 
First Coast Guard District also circulated this proposal for comment 
via Public Notice 1-846 dated April 18, 1995. The Coast Guard received 
ninety-eight comments expressing opposition to the proposal. The major 
objection was the fact that vessels requiring passage during the 
nighttime closed periods would be forced to use the alternate, New 
Rochelle Harbor South (back) Channel, which is considered dangerous for 
nighttime passage due to the shallowness and narrowness of the channel 
and the lack of lighted aids to navigation. No public hearing was 
requested and none was held. Based on the concerns expressed by the 
marine public, the Westchester County Department of Parks revised its 
request to modify the drawbridge operating regulations.
    These proposed regulations will provide the bridge owner relief 
from having an operator in constant attendance at the bridge during 
periods of limited opening demand, while accommodating the navigational 
needs of the marine community.

Discussion of Proposed Amendments

    The Coast Guard proposes to amend 33 CFR 117 by adding section 
117.802 to require two hours advance notice for bridge openings between 
the hours of 12 midnight and 6 a.m. from May through October and 
twenty-four hours advance notice between the hours of 8 p.m. and 8 a.m. 
from November through April.
    The Coast Guard also proposes that bridge owners install and 
maintain clearance gauges with figures not less than twelve inches high 
on the upstream and downstream sides of the bridge.

Regulatory Evaluation

    This proposal 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. 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 
final rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. The proposed regulations will not prevent mariners from 
passing through the Glen Island Bridge but just require giving two 
hours advance notice of arrival between 12 midnight and 6 a.m. from May 
through October and twenty-four hours between 8 p.m. and 8 a.m. from 
November through April. This notice requirement will have minimal 
economic impact considering the low frequency of openings for 
navigation and the inactivity of the local marinas, yacht clubs and 
boat yards located up and downstream of the bridge during the regulated 
periods. There will be no impact on vehicular traffic that uses this 
bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. Because of the reasons discussed in 
the Regulatory Evaluation above, the Coast Guard finds that the rule 
will not have a significant economic impact on a substantial number of 
small entitles. If, however, you think that your business or 
organization qualifies as a small entity and that this rule will have a 
significant economic impact on your business or organization, please 
submit a comment (see ADDRESSES) explaining why you think it qualifies 
and in what way and to what degree this rule will economically affect 
it.

Collection of Information

    This proposed rule contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposed regulation does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under paragraph 2.B.2.e(32)(e) of 
commandant Instruction M16475.1B, this proposal is categorically 
excluded from further environmental documentation since it is a 
proposed promulgation of a drawbridge operating regulation.

List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR 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. 449; 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 117.802 is added to read as follows:


Sec. 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.
    (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.
    (b) The owner of the bridge shall provide and keep in good legible 
condition clearance gauges with figures not less than 12 inches high 
designed, installed, and maintained according to the provisions of 
section 118.180.

    Dated: April 30, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11905 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M