![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Drawbridge Operation Regulations; Westchester Creek, Bronx River, and Hutchinson River, NY
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 25, 2000 (Volume 65, Number 80)]
[Proposed Rules]
[Page 24162-24164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap00-30]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-070]
RIN 2115-AE47
Drawbridge Operation Regulations; Westchester Creek, Bronx River,
and Hutchinson River, NY
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the operating rules for
three New York City bridges; the Bruckner Boulevard/Unionport Bridge,
at mile 1.7, across Westchester Creek at the Bronx, the Bruckner
Boulevard/Eastern Boulevard Bridge, mile 1.1, across the Bronx River at
the Bronx, and the Hutchinson River Parkway Bridge, mile 0.9, across
the Hutchinson River, at the Bronx, all in New York. The bridge owner
asked the Coast Guard to change the regulations to require a two-hour
advance notice for openings. This action is expected to relieve the
owner of the bridge from the requirement to crew each bridge at all
times by using a roving crew of drawtenders and still meet the
reasonable needs of Navigation.
DATES: Comments must reach the Coast Guard on or before June 26, 2000.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, or deliver them to the same address between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(617) 223-8364. The First Coast Guard District, Bridge Branch,
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at the First
Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through
Friday, except, Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-99-
070), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, 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.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the First Coast Guard District,
Bridge Branch, 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
Bruckner Boulevard/Eastern Boulevard Bridge
The Bruckner Boulevard/Eastern Boulevard Bridge, mile 1.1, across
the Bronx River at the Bronx, has a vertical clearance of 27 feet at
mean high water and 34 feet at mean low water. The existing operating
regulations for the Bruckner Boulevard/Eastern Boulevard Bridge in 33
CFR 117.771(a) require the bridge to open on signal if at least a four-
hour advance notice is given to the NYCDOT Radio Hotline, or NYCDOT
Bridge Operations Office. From 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.,
Monday through Friday, the bridge need not open for vessel traffic.
Hutchinson River Parkway Bridge
The Hutchinson River Parkway Bridge, mile 0.9, across the
Hutchinson River at the Bronx, has a vertical clearance of 30 feet at
mean high water and 38 feet at mean low water. The existing operating
regulations for the Hutchinson River Parkway Bridge in 33 CFR
117.793(b) require the bridge to open on signal if at least a six-hour
advance notice is given.
Bruckner Boulevard/Unionport Bridge
The Bruckner Boulevard/Unionport Bridge, at mile 1.7, across
Westchester Creek at the Bronx, has a vertical clearance of 14 feet at
mean high water and 21 feet at mean low water. The existing operating
regulations for the Bruckner Boulevard Bridge in 33 CFR 117.815 require
the bridge to open on signal; except that, from 7 a.m. to 9 a.m. and 4
p.m. to 6 p.m., Monday through Friday, the draw need not open for
vessel traffic.
The owner of the bridges, the New York City Department of
Transportation (NYCDOT), submitted bridge opening log data to the Coast
Guard for review. The bridge owner plans to operate all three bridges
with multiple crews of drawtenders after a two-hour advance notice is
given. The two-hour advance notice for all three bridges will make the
advance notice requirement consistent for each bridge allowing
sufficient time for the roving crews of drawtenders to operate all
three bridges. The closed periods 7 a.m. to 9 a.m. and 4 p.m. to 6
p.m., Monday through Friday, for Bruckner Boulevard/Unionport Bridge
and Bruckner Boulevard/Eastern Boulevard Bridge will not be changed by
this rule. The number of bridge openings at the three bridges are as
follows:
------------------------------------------------------------------------
1998 1999
------------------------------------------------------------------------
Bruckner/Unionport........................................ 429 516
Bruckner/Eastern.......................................... 0 0
Hutchinson Parkway........................................ 75 129
------------------------------------------------------------------------
The Coast Guard believes that the owner's proposal to use multiple
crews of roving drawtenders to operate these bridges will meet the
needs of navigation. The bridge owner will provide additional crews of
drawtenders in the event the number of bridge opening requests
increases.
The Coast Guard believes that the two-hour advance notice is
reasonable because the bridges will still open on signal, except during
the closed periods at Bruckner Boulevard/Unionport Bridge and Bruckner
Boulevard/Eastern Boulevard Bridge, provided the two-hour notice is
given. The commercial vessel transits on the Bronx River, Hutchinson
River, Eastchester Creek and Westchester Creek are scheduled in
advance. Providing a two-hour notice for bridge openings should not
prevent vessels from transiting the waterway in a timely manner.
The advance notice time will be reduced at the Bruckner Boulevard/
Eastern Boulevard and the Hutchinson River Parkway bridges from four-
hour and six-hour advance notice,
[[Page 24163]]
respectively to two-hours advance notice for both bridges.
Discussion of Proposal
The Coast Guard proposed to revise the operating regulations for
the Bronx River, Hutchinson River (Eastchester Creek) and Westchester
Creek as follows:
Bruckner Boulevard/Eastern Boulevard Bridge
Revise the operating regulations at 33 CFR 117.771(a) for the
Bruckner Boulevard/Eastern Boulevard Bridge, mile 1.1, across the Bronx
River, to require that the draw shall open on signal if at least a two-
hour advance notice is given. The requirement that the draw need not
open for vessel traffic, 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday
through Friday, will remain unchanged by this action.
Hutchinson River Parkway Bridge
Revise the operating regulations at 33 CFR 117.793(b) for the
Hutchinson Parkway Bridge, mile 0.9, across the Hutchinson River, to
require that the draw shall open on signal if at least a two-hour
advance notice is given.
Bruckner Boulevard/Unionport Bridge
Revise the operating regulations at 33 CFR 117.815 for the Bruckner
Boulevard/Unionport Bridge, mile 1.7, across Westchester Creek, to add
the requirement that the draw open on signal if at least a two-hour
advance notice be given. The requirement that the draw need not open
for vessel traffic, 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday
through Friday, will remain unchanged by this action.
Requests for bridge openings may be given to the New York City
Department of Transportation (NYCDOT) Radio Hotline or NYCDOT Bridge
Operations Office.
This consistent two-hour advance notice requirement will allow the
bridge owner to utilize multiple crews of drawtenders to open the
bridges and still meet the reasonable needs of navigation.
The Coast Guard believes this roving crew concept will be
successful because commercial vessel transits are scheduled in advance.
Providing a two-hour notice for bridge openings should not prevent
vessels from transiting the waterway in a timely manner.
Regulatory Evaluation
This proposed 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 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, Feb.
26, 1979).
We expect the economic impact of this proposed 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 bridges will still open for
marine traffic provided a two-hour notice is given. Commercial transits
are scheduled in advance. Providing a two-hour advance notice should
not prevent vessels from transiting in a timely manner.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 upon the
fact that the bridges will still open for all vessel traffic after a
two-hour advance notice is given. Commercial vessel transits are
scheduled in advance. Providing a two-hour notice for bridge openings
should not prevent vessels from transiting the waterway in a timely
manner.
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.
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
We have analyzed this proposed rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 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.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.1C, this proposed rule is categorically excluded
from further environmental documentation because promulgation of
drawbridge regulations have been found not to have a significant effect
on the environment. A ``Categorical Exclusion Determination'' is
available in the docket 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 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued
[[Page 24164]]
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Section 117.771(a) is revised to read as follows:
Sec. 117.771 Bronx River.
(a) The draw of the Bruckner Boulevard Bridge, mile 1.1, at the
Bronx, New York, shall open on signal if at least a two-hour advance
notice is given to the New York City Department of Transportation
(NYCDOT) Radio Hotline, or the NYCDOT Bridge Operations Office. From 7
a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday, the bridge
need not be opened for the passage of vessels.
* * * * *
3. Section 117.793(b) is revised to read as follows:
Sec. 117.793 Hutchinson River (Eastchester Creek).
* * * * *
(b) The draw of the Hutchinson River Parkway Bridge, mile 0.9, at
the Bronx, New York shall open on signal if at least a two-hour notice
is given to the New York City Department of Transportation (NYCDOT)
Radio Hotline, or the NYCDOT Bridge Operations Office.
* * * * *
4. Section 117.815 is revised to read as follows:
Sec. 117.815 Westchester Creek.
The draw of the Bruckner Boulevard/Unionport Bridge, mile 1.7, at
the Bronx, New York, shall open on signal if at least a two-hour
advance notice is given to the New York City Department of
Transportation (NYCDOT) radio hotline, or the NYCDOT Bridge Operations
Office. The draw need not be opened for vessel traffic from 7 a.m. to 9
a.m. and 4 p.m. to 6 p.m., Monday through Friday. The owner of the
bridge shall provide clearance gauges according to the provisions of
Sec. 118.160 of this chapter.
Dated: April 12, 2000.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 00-10266 Filed 4-24-00; 8:45 am]
BILLING CODE 4910-15-U