[Federal Register: December 2, 2002 (Volume 67, Number 231)]
[Rules and Regulations]
[Page 71474-71475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de02-17]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-02-135]
RIN 2115-AE47
Drawbridge Operation Regulations; Harlem River, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the drawbridge
operation regulations that govern the 103 Street (Wards Island) Bridge,
at mile 0.0, across the Harlem River at New York. This temporary change
to the drawbridge operation regulations will allow the bridge to remain
closed to vessel traffic from November 21, 2002 through January 19,
2003. This action is necessary to facilitate maintenance at the bridge.
DATES: This rule is effective from November 21, 2002 through January
19, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD01-02-135) and are available for
inspection or copying at the First Coast Guard District, Bridge
Administration Office, 408 Atlantic Avenue, Boston, Massachusetts,
02110-3350, between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First
Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM and under 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause exists for making this rule
effective less than 30 days after publication in the Federal Register.
On September 27, 2002, the Coast Guard published a temporary
deviation from the Drawbridge Operation Regulations (67 FR 60865)
entitled Drawbridge Operation Regulations Harlem River, New York. That
temporary deviation allowed the bridge to remain closed to navigation
from September 23, 2002 through November 20, 2002. The bridge has been
in the closed position to navigation since September 23, 2002.
The bridge owner recently advised the Coast Guard that due to
inclement weather the completion of the repair work has been delayed
and will not be completed until January 19, 2003. The bridge is
presently inoperable due to painting scaffolding located at the bridge.
There have been no requests to open the bridge during the time
period November through January for several years. The Coast Guard
believes this closure is reasonable and notice and public comment are
not necessary based upon the need to complete the bridge maintenance
and the fact that the bridge has no requests to open.
Any delay encountered in this regulation's effective date would be
unnecessary and contrary to the public interest since immediate action
is needed to complete this bridge maintenance.
Background and Purpose
The Wards Island Bridge has a vertical clearance of 55 feet at mean
high water and 60 feet at mean low water. The existing regulations are
listed at 33 CFR 117.789(c).
The bridge owner, New York City Department of Transportation, asked
the Coast Guard to temporarily change the drawbridge operation
regulations to allow the bridge to need not open for the passage of
vessel traffic from September 23, 2002 through November 20, 2002, to
facilitate structural repairs and bridge painting operations. On
September 27, 2002, the Coast Guard published a temporary deviation
from the Drawbridge operation regulations (67 FR 60865) [CGD01-02-105]
entitled Drawbridge Operation Regulations Harlem River, New York.
The Coast Guard was recently notified by the bridge owner that the
painting operations at the bridge will not be completed by November 20,
2002, the end of the temporary deviation effective period. They
requested to extend the bridge closure from November 21, 2002 through
January 19, 2003, to complete their work. The bridge normally has no
requests to open November through January. The Coast Guard believes the
bridge closure is reasonable due to the need to complete the bridge
maintenance and the lack of vessel traffic.
Discussion of Rule
In Sec. 117.789 a new paragraph (h) will be added to allow the 103
Street (Wards Island) Bridge to remain closed to vessel traffic from
November 21, 2002 through January 19, 2003.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of
[[Page 71475]]
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. 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 bridge has
historically had no requests to open during the effective period of
this temporary final rule.
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. 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 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 bridge
has historically had no requests to open during the effective period of
this temporary final rule.
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
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 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 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 rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
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.
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.
Energy Effects
We have analyzed this 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.1d, 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. From November 21, 2002 through January 19, 2003, in Sec.
117.789, a new paragraph (h) is added, to read as follows:
Sec. 117.789 Harlem River.
* * * * *
(h) The draw of the 103 Street (Wards Island) Bridge shall 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; except that, from
November 21, 2002 through January 19, 2003, the 103 Street (Wards
Island) Bridge need not open for the passage of vessel traffic.
Dated: November 18, 2002.
V.S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-30434 Filed 11-29-02; 8:45 am]
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