[Federal Register Volume 64, Number 201 (Tuesday, October 19, 1999)]
[Rules and Regulations]
[Pages 56252-56253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27282]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-175]
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 the Willis Avenue Bridge, mile 1.5, and the
Madison Avenue Bridge, mile 2.3, both across the Harlem River, and the
Pulaski Bridge, mile 0.6, across Newtown Creek in New York City, New
York. This temporary final rule allows the bridge owner to close the
above three bridges on November 7, 1999, as follows: Willis Avenue and
Madison Avenue bridges from 11 a.m. to 5 p.m.; Pulaski Bridge from
10:30 a.m. to 3 p.m. This action is necessary for public safety and to
facilitate a public function, the New York City Marathon.
DATES: This temporary final rule is effective on November 7, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (617)
223-8364.
FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Supervisory Bridge
Management Specialist, at (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory History
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 and Purpose
The Willis Avenue Bridge, mile 1.5, across the Harlem River has a
vertical clearance of 24 feet at mean high water (MHW) and 30 feet at
mean low water (MLW) in the closed position. The Madison Avenue Bridge,
mile 2.3, across the Harlem River has a vertical clearance of 25 feet
at MHW and 29 feet at MLW in the closed position. The Pulaski Bridge
across Newtown Creek, mile 0.6, has a vertical clearance of 39 feet at
MHW and 43 feet at MLW in the closed position.
The current operating regulations for the Willis Avenue and Madison
Avenue bridges, listed at 33 CFR 117.789(c), require the bridges to
open on signal from 10 a.m. to 5 p.m., if at least four-hours notice is
given to the New York City Highway Radio (hotline) Room. The current
operating regulations for the Pulaski Bridge require it to open on
signal at all times.
The bridge owner, New York City Department of Transportation
(NYCDOT), requested a temporary change to the operating regulations
governing the Willis Avenue Bridge, the Madison Avenue Bridge, and the
Pulaski Bridge, to allow the bridges to
[[Page 56253]]
remain in the closed position at different times on November 7, 1999,
to facilitate the running of the New York City Marathon. Vessels that
can pass under the bridges without bridge openings may do so at all
times during these bridge closures.
Regulatory Evaluation
This temporary final 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. 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; Feb. 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. 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this temporary final rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include 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. Therefore, for the reasons discussed in
the Regulatory Evaluation section above, the Coast Guard certifies
under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) that this final rule will not have a significant economic impact
on a substantial number of small entities.
Collection of Information
This temporary final rule does not provide for a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Federalism
The Coast Guard has analyzed this temporary final rule in
accordance with the principles and criteria contained in Executive
Order 12612 and has determined that this temporary final rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
temporary final rule and concluded that, under Section 2.B.2., Figure
2-1, paragraph (32)(e), of Commandant Instruction M16475.1C, this
temporary final rule is categorically excluded from further
environmental documentation because promulgation of changes to
drawbridge regulations have been found not to have a significant effect
on the environment. A written ``Categorical Exclusion Determination''
is not required for this temporary final rule.
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 10 a.m. through 5 p.m. on November 7, 1999, Sec. 117.789 is
temporarily amended by suspending paragraph (c) and adding a new
paragraph (g) to read as follows:
Sec. 117.789 Harlem River.
* * * * *
(g) The draws of the bridges at 103rd Street, mile 0.0, 3rd Avenue,
mile 1.9, 145th Street, mile 2.8, Macombs Dam, mile 3.2, 207th Street,
mile 6.0, and the two Broadway Bridges, mile 6.8, shall open on signal
if at least four hours notice is given to the New York City Highway
Radio (Hotline) Room. The Willis Avenue Bridge, mile 1.5, and Madison
Avenue Bridge, mile 2.3, may remain in the closed position.
3. From 10:30 a.m. through 3 p.m. on November 7, 1999, Sec. 117.801
is temporarily amended by suspending paragraph (a)(4) and adding a new
paragraph (a)(5) and a new paragraph (f) to read as follows:
Sec. 117.801 Newtown Creek, Dutch Kills, English Kills, and their
tributaries.
(a) * * * * *
(5) Except as provided in paragraphs (b) through (f) of this
section, each draw shall open on signal.
* * * * *
(f) The draw of the Pulaski Bridge, mile 0.6, across Newtown Creek,
may remain closed.
Dated: October 8, 1999.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District
[FR Doc. 99-27282 Filed 10-18-99; 8:45 am]
BILLING CODE 4910-15-P
