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Drawbridge Operation Regulations: Harlem River, Newtown Creek, NY
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 8, 2001 (Volume 66, Number 89)]
[Rules and Regulations]
[Page 23157-23159]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my01-6]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-01-054]
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
[[Page 23158]]
governing the operation of the Third Avenue Bridge, mile 1.9, across
the Harlem River between Manhattan and the Bronx; the Madison Avenue
Bridge, mile 2.3, across the Harlem River between Manhattan and the
Bronx; and the Pulaski Bridge, mile 0.6, across Newtown Creek between
Brooklyn and Queens. This temporary final rule authorizes the bridge
owner to close the above bridges on May 6, 2001, at different times of
short duration to facilitate the running of the Five Borough Bike Tour.
Vessels that can pass under the bridges without a bridge opening may do
so at any time.
DATES: This temporary final rule is effective only on Sunday, May 6,
2001.
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 (CGD01-01-054) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, 6:30 a.m. to 3 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph Arca, Project Officer,
First Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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 unnecessary.
The Coast Guard believes notice and comment are unnecessary because the
requested closures are of such short duration on a Sunday when there
have been few requests to open these bridges. The Harlem River and
Newtown Creek is used mostly by commercial vessels and those vessels
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
Third Avenue Bridge
The Third Avenue Bridge, mile 1.9, across the Harlem River between
Manhattan and the Bronx, has a vertical clearance of 25 feet at mean
high water and 30 feet at mean low water in the closed position. The
existing operating regulations listed at Sec. 117.789(c) require the
draw to open on signal from 10 a.m. to 5 p.m., if at least a four-hour
notice is given. From 5 p.m. to 10 a.m., the draw need not be opened
for vessel traffic.
Madison Avenue Bridge
The Madison Avenue Bridge, mile 2.3, across the Harlem River
between Manhattan and the Bronx, has a vertical clearance of 25 feet at
mean high water and 29 feet at mean low water in the closed position.
The existing operating regulations listed at Sec. 117.789(c) require
the draw to open on signal from 10 a.m. to 5 p.m., if at least a four-
hour notice is given. From 5 p.m. to 10 a.m., the draw need not be
opened for vessel traffic.
Pulaski Bridge
The Pulaski Bridge, mile 0.6, across the Newtown Creek between
Brooklyn and Queens, has a vertical clearance of 39 feet at mean high
water and 43 feet at mean low water in the closed position. The
existing operating regulations listed at 117.801(g) require the draw to
open on signal, if at least a two-hour advance notice is given. The
Coast Guard published a temporary final rule on March 23, 2001,
entitled Drawbridge operation regulations, New York, (66 FR 16128)
which allows the Pulaski Bridge, to need open only one bascule span for
the passage of vessel traffic, from April 23, 2001 through August 31,
2001.
The New York City Department of Transportation (NYCDOT) requested a
change to the operating regulations for the Third Avenue Bridge, the
Madison Avenue Bridge, and the Pulaski Bridge on May 6, 2001, to allow
the bridges to remain in the closed position to facilitate the running
of the Five Borough Bike Tour.
The Third Avenue Bridge, mile 1.9, across the Harlem River between
Manhattan and the Bronx and the Madison Avenue Bridge, mile 2.3, across
the Harlem River between Manhattan and the Bronx, shall remain in the
closed position from 8 a.m. to 12 p.m. on May 6, 2001. The Pulaski
Bridge, mile 0.6, across the Newtown Creek between Brooklyn and Queens,
shall remain in the closed position from 9:30 a.m. to 1:30 p.m. on May
6, 2001. Vessels that can pass under the bridges without bridge
openings may do so at all times.
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 the requested closures
are of short duration and on Sunday morning when there have been few
requests to open these bridges.
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. ``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 requested
closures are of short duration and on Sunday when there have been few
requests to open these bridges.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
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.
[[Page 23159]]
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 written ``Categorical Exclusion Determination''
is not required for the temporary final rule.
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.
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. In Sec. 117.789, from 8 a.m. through 12 p.m. on May 6, 2001,
paragraph (c) is temporarily suspended and a new paragraph (g) is added
to read as follows:
Sec. 117.789 Harlem River
* * * * *
(g) The draws of the Third Avenue Bridge, mile 1.9, and the Madison
Avenue Bridge, mile 2.3, across the Harlem River between Manhattan and
the Bronx, need not open for vessel traffic on May 6, 2001, from 8 a.m.
to 12 p.m.
3. In section 117.801, from 9:30 a.m. through 1:30 p.m. on May 6,
2001, paragraph (g) and (h) are suspended and a new paragraph (i) is
added to read as follows:
Sec. 117.801 Newtown Creek, Dutch Kills, English Kills, and their
tributaries.
* * * * *
(i) The draw of the Pulaski Bridge, mile 0.6, across the Newtown
Creek between Brooklyn and Queens, need not open for vessel traffic, on
May 6, 2001, from 9:30 a.m. to 1:30 p.m.
Dated: April 19, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 01-11493 Filed 5-7-01; 8:45 am]
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