Drawbridge Operation Regulations: Gowanus Canal, New York

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[Federal Register: August 1, 2000 (Volume 65, Number 148)]
[Rules and Regulations]
[Page 46868-46870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au00-5]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-067]
RIN 2115-AE47

Drawbridge Operation Regulations: Gowanus Canal, New York

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating rules for four New
York City bridges across the Gowanus Canal--the Ninth Street Bridge, at
mile 1.4; the Third Street Bridge, at mile 1.8; the Carroll Street
Bridge, at mile 2.0; and the Union Street Bridge, at mile 2.1--all in
Brooklyn, New York. The bridge owner asked the Coast Guard to change
the regulations to require a two-hour advance notice for openings. This
action will relieve the owner of the bridge from the requirement to
crew these bridges at all times by using a roving crew of drawtenders
and still meet the reasonable needs of navigation.

DATES: This rule is effective August 31, 2000.

ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-99-067) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts 02110, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John W. McDonald, Project Officer,
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 27, 2000, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Gowanus Canal, New
York, in the Federal Register (65 FR 24664). We received no comments in
response to the notice of proposed rulemaking. No public hearing was
requested and none was held.

Background and Purpose

Ninth Street Bridge

The Ninth Street Bridge, at mile 1.4, across the Gowanus Canal at
Brooklyn, has a vertical clearance of 5 feet at mean high water and 9
feet at mean low water. The existing operating regulations for the
Ninth Street Bridge require the bridge to open on signal at all times.

[[Page 46869]]

Third Street Bridge

The Third Street Bridge, at mile 1.8, across the Gowanus Canal at
Brooklyn, has a vertical clearance of 10 feet at mean high water and 14
feet at mean low water. The existing operating regulations in 33 CFR
117.787, require the draw to open on signal at all times; except that,
from May 1 through September 30, the draw shall open on signal after a
six-hour advance notice is given to the New York City Highway
Department's Radio (Hotline) Room.

Carroll Street Bridge

The Carroll Street Bridge, at mile 2.0, has a vertical clearance of
3 feet at MHW and 7 feet at MLW. The existing regulations require the
draw to open on signal at all times; except that, from May 1 through
September 30, the draw shall open after a six-hour advance notice is
given to the New York City Highway Department's Radio (Hotline) Room.

Union Street Bridge

The Union Street Bridge, at mile 2.1, has a vertical clearance of 9
feet at MHW and 13 feet at MLW. The existing regulations require the
draw to open on signal at all times; except that, from May 1 through
September 30, the draw shall open after a six-hour advance notice is
given to the New York City Highway Department's Radio (Hotline) Room.
The owner of all four bridges, the New York City Department of
Transportation (NYCDOT), submitted bridge opening log data to the Coast
Guard for review.

----------------------------------------------------------------------------------------------------------------
1991 1992 1993 1994 1995 1996 1997 1998 1999
----------------------------------------------------------------------------------------------------------------
Ninth.......................... 864 984 927 836 0 0 0 0 423
Third.......................... 410 549 663 732 432 256 149 107 244
Carroll........................ 517 627 669 704 432 245 142 114 228
Union.......................... 502 547 657 713 432 236 144 104 245
----------------------------------------------------------------------------------------------------------------

The bridge owner plans to operate these bridges with a roving crew
of drawtenders. A review of the monthly breakdown of the opening data
did not identify any months that had a significantly higher number of
openings that would make the roving crew concept unworkable. The
waterway users are all commercial vessels which operate year round.
They presently provide a six-hour advance notice May 1 through
September 30 at all the above bridges except the Ninth Street Bridge,
which is required to open on signal.
The bridge owner has requested that all four bridges open after a
two-hour advance notice is given year round. This advance notice
requirement will allow the bridge owner to use a roving crew of
drawtenders to operate these bridges. The Coast Guard believes this
rule is reasonable based upon the fact that three of the bridges
presently open after a six-hour notice May 1 through September 30,
which is greater than the two-hour notice during those five months.
The Coast Guard believes that the two-hour advance notice October 1
through April 30 is reasonable because the bridges will still open on
signal provided the two-hour notice is given. The commercial vessel
transits on Gowanus Canal are scheduled in advance. Providing a two-
hour notice for bridge openings for the additional seven months of the
year, October 1 through April 30, should not prevent vessels from
transiting the waterway in a timely manner.
The reduction from six-hours advance notice to two-hours advance
notice during the remaining five months of the year, May 1 through
September 30, should make vessel transits easier to schedule during
that time period. This rule is expected to relieve the bridge owner of
the burden of crewing each bridge continually, establish a consistent
bridge operating schedule for the bridges listed in this rulemaking,
and still meet the reasonable needs of navigation.

Discussion of Proposal

The Coast Guard is revising the operating regulations for the
Gowanus Canal at 33 CFR 117.787 as follows:

Ninth Street Bridge

Add operating regulations for the Ninth Street Bridge, mile 1.4,
Across the Gowanus Canal to require that the draw shall open on signal,
if at least a two-hour advance notice is given.

Third Street Bridge

Revise the operating regulations for the Third Street Bridge, mile
1.8, across the Gowanus Canal to require that the draw shall open on
signal, if at least a two-hour advance notice is given.

Carroll Street Bridge

Revise the operating regulations for the Carroll Street, mile 2.0,
across the Gowanus Canal to require that the draw shall open on signal,
if at least a two-hour advance notice is given.

Union Street Bridge

Revise the operating regulations for the Union Street, mile 2.1,
across the Gowanus Canal to require that the draw shall open on signal,
if at least a two-hour advance notice is given.
Notice for bridge openings shall be given to the NYCDOT Hotline or
NYCDOT Bridge Operation Office.
The bridge owner plans to use two crews of drawtenders to operate
the Gowanus Canal bridges. The use of two crews is expected to provide
bridge openings in a timely manner. The Hamilton Avenue Bridge, mile
1.2, also across Gowanus Canal was not included in the roving
drawtender plan because the frequency of bridge openings were
considerably higher than the other bridges on this waterway.

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 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 three of the bridges
presently open after a six-hour notice May 1 through September 30,
which is greater than the proposed two-hour notice during those five
months.
The Coast Guard believes that the two-hour advance notice October 1
through April 30 is reasonable because the bridges will still open on
signal provided the two-hour notice is given. The commercial vessel
movements on Gowanus Canal are scheduled in advance by the commercial
operators. Providing two-hours notice for bridge openings for the
additional seven months of the year, October 1 through April 30, should
not prevent vessels from still transiting the waterway in a timely
manner.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we
considered whether this rule would have a

[[Page 46870]]

significant economic impact on a substantial number of small entities.
``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 three of the
bridges presently open after a six-hour notice May 1 through September
30, which is greater than the proposed two-hour notice during those
five months.
The Coast Guard believes that the two-hour advance notice October 1
through April 30 is reasonable because the bridges will still open on
signal provided the two-hour notice is given. The commercial vessel
transits on Gowanus Canal are scheduled in advance by the commercial
operators. Providing two-hours notice for bridge openings for the
additional seven months of the year, October 1 through April 30, when
the bridge formerly opened on signal, should not prevent vessels from
still transiting the waterway in a timely manner.

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

We have analyzed this rule under Executive Order 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 unfunded mandate costs. This rule will not impose an unfunded
mandate.

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.

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
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. Section 117.787 is revised to read as follows:

Sec. 117.787 Gowanus Canal

The draws of the Ninth Street Bridge, mile 1.4, the Third Street
Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and the Union
Street Bridge, mile 2.1, at Brooklyn, 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.

Dated: July 19, 2000.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 00-19396 Filed 7-31-00; 8:45 am]
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Drawbridge Operation Regulations: Gowanus Canal, New York

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