[Federal Register Volume 63, Number 97 (Wednesday, May 20, 1998)]
[Rules and Regulations]
[Pages 27679-27680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13401]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD1-95-002]
RIN 2115-AE47
Drawbridge Operation Regulations; New Rochelle Harbor, NY
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the Glen
Island Bridge, mile 0.8, across New Rochelle Harbor in New Rochelle.
The change requires two hours advance notice for openings between the
hours of 12 midnight and 6 a.m. from May 1 through October 31, and
twenty-four hours advance notice between the hours of 8 p.m. and 8 a.m.
from November 1 through April 30. 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 relieves the
bridge owner of the burden of having personnel constantly available to
open the bridge and should provide for the reasonable needs of
navigation. This change to the regulations will also require the bridge
owner to install and maintain clearance gauges.
DATES: This final rule is effective June 19, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, Battery
Park Bldg., New York, New York 10004-5073, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (212)
668-7069.
FOR FURTHER INFORMATION CONTACT: Mr. J. Arca, project officer, First
Coast Guard District, Bridge Branch. The telephone number is (212) 668-
7069.
SUPPLEMENTARY INFORMATION:
Regulatory History
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). Ninety-eight
comments expressing opposition to the proposal were received. No public
hearing was requested and none was held. Following revision of the
regulation request by Westchester County, the Coast Guard, on May 13,
1996, published a supplemental notice of proposed rulemaking entitled
``Drawbridge Operation Regulations; New Rochelle Harbor, New York'' in
the Federal Register (61 FR 22002). The Coast Guard received sixteen
letters commenting on this supplemental notice of proposed rulemaking.
No public hearing was requested, and none was held.
Background
The Glen Island Bridge has a vertical clearance of 13 feet above
Mean High Water (MHW) and 20 feet above Mean Law Water (MLW) in the
closed position. The bridge is presently required to open on signal.
The new regulations will provide openings on signal with two hours
advance notice between the hours of 12 midnight and 6 a.m. from May 1
through October 31, and twenty-four hours advance notice between the
hours of 8 p.m. and 8 a.m. from November 1 through April 30.
From May 1994, through October 1994, there were thirty two bridge
openings between midnight and 6 a.m. From November 1994, through April
1995, there ware twenty openings between 8 p.m. and 8 a.m. The existing
regulations are being changed to provide Westchester County relief from
having an operator in constant attendance at the bridge since there is
limited demand for bridge openings during the regulated periods.
Discussion of Comments and Changes
Sixteen comments were received in response to the supplemental
notice of proposed rulemaking. One expressed no objection; one comment
from Westchester County Department of Parks endorsed the proposal;
fourteen comments objected to the proposal. Of those fourteen, eight
objected because of the misconception that the bridge will not open for
marine traffic and they will be forced to use the back for channel. The
back channel is considered dangerous for nighttime passage due to the
shallowness and narrowness of the channel and the lack of lighted aids
to navigation. This concern is dispelled since the bridge will open
when needed except an advance notice for openings will be required.
Additionally, the waterway provides sufficient area for mariners to
anchor nearby while waiting for an opening. Three objections expressed
concern that approval of the request would lead to further encroachment
on the full time operating hours of the bridge. An approved request for
change to operating regulations is not a valid basis for subsequent
approval of additional changes. In the event that further changes are
sought, if warranted the Coast Guard will reinitiate notice and comment
rulemaking. All requests to change regulations are examined in light of
the reasonable needs of navigation. One objection expressed concern
that vessel appurtenances would have to be lowered. 33 CFR 117.11(a)
requires that, ``No vessel owner or operator shall (a) Signal a
drawbridge to open if the vertical clearance is sufficient to allow the
vessel, after all lowerable non-structural vessel appurtenances that
are not essential to navigation have been lowered, to safely pass under
the drawbridge in the closed position.'' Only those vessel
appurtenances that are non-structural and non-essential to navigation
have to be lowered in accordance with the law. One commentor requested
installation of a marine radio at the bridge. Installation of marine
radio is unnecessary since the waterway is strictly recreational and
the majority of bridge openings are for sailboats most of which are not
equipped with marine radio. Installation of a marine radio will not
enhance marine safety and would be an unnecessary economic burden on
the bridge owner. The final objection, from the Westchester County
Board of Legislators, included a legislative resolution urging denial
of the requested change by the Coast Guard based on the deterrent to
criminal activity in the adjacent park offered by constant attendance
on the bridge. Marine safety concerns were cited as well. Because of
opposing views on the regulation change by two elements of Westchester
County government, the Coast Guard requested, by letter dated February
26, 1997, that the County Executive reiterate the County's position. By
letter March 20, 1997, the Commissioner of the Westchester County
Department of Parks, on behalf of the County Executive indicated the
County's continued desire to seek the proposed regulation change. A
telephone conversation with Parks Commissioner DeSantis on 31 March
1997 provided further confirmation.
The infrequent requests for bridge openings during the regulated
period and the ability to obtain bridge openings by providing advance
notice makes the requested regulation change reasonable.
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
[[Page 27680]]
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 rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. This final
rule adopts the operating hours which the Coast Guard believes to be
appropriate since the recreational boaters that use this waterway
seldom transit during night time and thus, a requirement for the bridge
operator to be present during all time periods, is unwarranted. The
Coast Guard believes this final rule achieves the requirement of
balancing the navigational rights of recreational boaters and the needs
of land based transportation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this 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 jurisdiction with populations of 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 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 rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this 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 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 ``Categorical Exclusion Determination'' is not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--[AMENDED]
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);
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Add Sec. 117.082 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 by calling the
number posted at the bridge.
(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 by calling
the number posted at the bridge.
(b) The owner of the bridge shall provide, and keep in good legible
condition, clearance gauges with figures not less than twelve (12)
inches high designed, installed, and maintained according to the
provisions of Sec. 118.160 of this chapter.
Dated: May 6, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-13401 Filed 5-19-98; 8:45 am]
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