45922 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–0456] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Harlem River, New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the drawbridge operating 

regulations governing the operation of 

the bridges across the Harlem River at 

New York City, New York. This 

proposed rule would revise the 

drawbridge operation regulations 

removing redundant language and 

requirements that are no longer 

necessary. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 6, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0456 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building ground 

floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590–

0001. 

(3) Hand Delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except, 

Federal holidays. The telephone number 

is (202) 366–9329. 

(4) Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Judy Leung-Yee, Project Officer, First 

Coast Guard District, (212) 668–7165. 

If you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0456), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and mailing address, 

an e-mail address, or a phone number in 

the body of your document so that we 

can contact you if we have questions 

regarding your submission. You may 

submit your comments and materials by 

electronic means, mail, fax, or delivery 

to the Docket Management Facility at 

the address under ADDRESSES; but 

please submit your comments and 

materials by only one means. If you 

submit them by mail or delivery, submit 

them in an unbound format, no larger 

than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

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. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time. 

Enter the docket number for this 

rulemaking (USCG–2008–0456) in the 

Search box, and click ‘‘Go>>.’’ You may 

also visit either the Docket Management 

Facility in Room W12–140, on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays; or First Coast Guard 

District, Bridge Branch, One South 

Street, New York, NY 10004, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment), if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act, system of records notice regarding 

our public dockets in the January 17, 

2008 issue of the Federal Register (73 

FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility 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 

The existing drawbridge operation 

regulations for the Harlem River lists the 

operating hours for eleven moveable 

bridges. The eleven moveable bridges 

across the Harlem River provide the 

following vertical clearances in the 

closed position: 

The 103rd Street Bridge has a vertical 

clearance of 55 feet at mean high water, 

and 60 feet at mean low water in the 

closed position. 

The 125th Street Bridge has a vertical 

clearance of 54 feet at mean high water 

and 59 feet at mean low water in the 

closed position. 

The Willis Avenue Bridge has a 

vertical clearance of 24 feet at mean 

high water and 30 feet at mean low 

water in the closed position. 

The Third Avenue Bridge has a 

vertical clearance of 25 feet at mean 

high water and 30 feet at mean low 

water in the closed position. 

The Metro North Park Avenue Bridge 

has a vertical clearance of 25 feet at 

mean high water and 30 feet at mean 

low water in the closed position. 

The Madison Avenue Bridge has a 

vertical clearance of 25 feet at mean 

high water and 29 feet at mean low 

water in the closed position. 

The 145th Street Bridge has a vertical 

clearance of 25 feet at mean high water 

and 30 feet at mean low water in the 

closed position. 

The Macombs Dam Bridge has a 

vertical clearance of 27 feet at mean 

high water and 32 feet at mean low 

water in the closed position. 

The 207th Street Bridge has a vertical 

clearance of 26 feet at mean high water 

and 30 feet at mean low water in the 

closed position. 

The two Broadway Bridges have a 

vertical clearance of 24 feet at mean 

high water and 29 feet at mean low 

water in the closed position. 

The Spuyten Duyvil Bridge has a 

vertical clearance of 5 feet at mean high 

water and 9 feet at mean low water in 

the closed position. 

The existing drawbridge operating 

regulations, listed at 33 CFR 117.789, 

require all the moveable bridges across 


rmajette on PRODPC74 with PROPOSALS
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Proposed Rules 45923 

the Harlem River, except the Spuyten 

Duyvil Bridge, to open on signal from 10 

a.m. to 5 p.m. after at least a four-hour 

notice is given to the New York City 

Highway Radio (Hotline) Room, and 

from 5 p.m. to 10 a.m. all the bridges, 

except the Spuyten Duyvil Bridge, need 

not open for vessel traffic. 

The moveable bridges across the 

Harlem River, listed above, all provide 

at least 24 feet of vertical clearance in 

the closed position, except for the 

Spuyten Duyvil Bridge. 

The Spuyten Duyvil Bridge is much 

lower in vertical clearance, and as a 

result, is required under the existing 

regulations to open on signal at all times 

for the passage of vessel traffic. 

Discussion of Proposed Rule 

Under the existing drawbridge 

operation regulations ten of the eleven 

moveable bridges listed do not open for 

vessel traffic between 5 p.m. and 10 a.m. 

each day. 

The Spuyten Duyvil Bridge, which is 

much lower in vertical clearance than 

all the other bridges, is the only 

moveable bridge listed in the existing 

regulations that provides bridge 

openings at all times of the day. 

The Coast Guard proposes to change 

the existing regulations to require the 

ten bridges in the existing regulations 

that do not normally open for vessel 

traffic between 5 p.m. and 10 a.m. to 

now open after at least a four-hour 

advance notice is given to the New York 

City Radio (Hotline) Room. 

The Coast Guard believes that all 

bridges over navigable waterways 

should open for vessel traffic at any 

time either on signal or after an advance 

notice is given unless there is no 

existing navigation presently utilizing 

the waterway. 

In addition, the language in existing 

regulations allowing public vessels of 

the United States to be passed through 

each bridge in this section as soon as 

possible will be removed because it is 

now required under 33 CFR 117.31, as 

part of the General Requirements for 

bridges. 

Regulatory Analysis 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis based 

on 13 of these statutes or executive 

orders. 

Regulatory Planning and Review 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 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. 

This proposed rule is not a significant 

regulatory action. This conclusion is 

based on the fact that vessel traffic will 

be able to obtain bridge openings 24 

hours each day instead of the existing 

seven-hour window for bridge openings. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have 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 on the fact 

that vessel traffic will be able to obtain 

bridge openings 24 hours each day 

instead of the existing seven-hour 

window. 

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. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact, Commander 

(dpb), First Coast Guard District, Bridge 

Branch, One South Street, New York, 

NY 10004. The telephone number is 

(212) 668–7165. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

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 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not affect 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a 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 


rmajette on PRODPC74 with PROPOSALS
45924 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Proposed Rules 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 5100.1, 

and Commandant Instruction 

M16475.1D, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is not likely to have a 

significant effect on the human 

environment because it simply 

promulgates the operating regulations or 

procedures for drawbridges. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed 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; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Section 117.789 is revised to read 

as follows: 

§ 117.789 Harlem River. 

(a) The draws of all railroad bridges 

across the Harlem River may remain in 

the closed position from the time a train 

scheduled to cross the bridge is within 

five minutes from the bridge, and until 

that train has fully crossed the bridge. 

(b)(1) The draws of the bridges at 103 

Street, mile 0.0, 125 Street (Triborough), 

mile 1.3, Willis Avenue, mile 1.5, Third 

Avenue, mile 1.9, Madison Avenue, 

mile 2.3, 145 Street, mile 2.8, Macombs 

Dam, mile 3.2, 207 Street, mile 6.0, and 

the two Broadway Bridges, mile 6.8, 

shall open on signal if at least a fourhour advance notice is given to the New 

York City Highway Radio (Hotline) 

Room. 

(2) The draws of the Willis Avenue 

Bridge, mile 1.5, Third Avenue Bridge, 

mile 1.9, and the Madison Avenue 

Bridge, mile 2.3, need not open for the 

passage of vessel traffic at various times 

between 8 a.m. and 5 p.m. on the first 

Sunday in May and November. The 

exact time and date of each bridge 

closure will be published in the Local 

Notice to Mariners several weeks prior 

to each closure. 

(c) The draw of the Metro North (Park 

Avenue) Bridge, mile 2.1, shall open on 

signal, except as provided in paragraph 

(a) of this section, if at least a 4-hour 

advance notice is given by calling the 

number posted at the bridge. 

(d) The draw of the Spuyten Duyvil 

railroad bridge, mile 7.9, shall open on 

signal at all times, except as provided in 

paragraph (a) of this section. 

Dated: July 28, 2008. 

Dale G. Gabel, 

Rear Admiral, U.S. Coast Guard Commander, 

First Coast Guard District. 

[FR Doc. E8–18175 Filed 8–6–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–1030; FRL–8573–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Affirmative Defense 

Provisions for Malfunctions; Common 

Provisions Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Colorado on August 1, 2007. These 

revisions establish affirmative defense 

provisions for source owners and 

operators for excess emissions during 

periods of malfunction. The affirmative 

defense provisions are contained in the 

State of Colorado’s Common Provisions 

regulation. The intended effect of this 

action is to approve only those portions 

of Colorado’s Common Provisions 

regulation submitted on August 1, 2007 

that relate to the affirmative defense for 

malfunctions. This action is being taken 

under section 110 of the Clean Air Act. 

In the ‘‘Rules and Regulations’’

section of this Federal Register, EPA is 

approving the State’s SIP revision as a 

direct final rule without prior proposal 

because the Agency views this as a noncontroversial SIP revision and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the preamble to the direct final 

rule. If EPA receives no adverse 

comments, EPA will not take further 

action on this proposed rule. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and it will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on this proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

DATES: Any written comments on this 

proposal must be received on or before 

September 8, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08–

OAR–2007–1030, by one of the 

following methods: 


rmajette on PRODPC74 with PROPOSALS