46870 Federal Register / Vol. 65, No. 148 / Tuesday, August 1, 2000 / Rules and Regulations significant economic impact on a Civil Justice Reform Dated: July 19, 2000. substantial number of small entities. G.N. Naccara, ‘‘Small entities’’ comprises small This rule meets applicable standards Rear Admiral, U.S. Coast Guard, Commander, businesses, not-for-profit organizations in sections 3(a) and 3(b)(2) of Executive First Coast Guard District. that are independently owned and Order 12988, Civil Justice Reform, to [FR Doc. 00–19396 Filed 7–31–00; 8:45 am] operated and are not dominant in their minimize litigation, eliminate BILLING CODE 4910±15±P fields, and governmental jurisdictions ambiguity, and reduce burden. with populations less than 50,000. Protection of Children The Coast Guard certifies under 5 DEPARTMENT OF TRANSPORTATION U.S.C. 605(b) that this rule will not have We have analyzed this rule under a significant economic impact on a Executive Order 13045, Protection of Coast Guard substantial number of small entities. Children from Environmental Health 33 CFR Part 117 This conclusion is based on the fact that Risks and Safety Risks. This rule is not three of the bridges presently open after an economically significant rule and a six-hour notice May 1 through does not concern an environmental risk [CGD01±99±069] September 30, which is greater than the to health or risk to safety that may proposed two-hour notice during those disproportionately affect children. RIN 2115±AE47 five months. The Coast Guard believes that the Environment Drawbridge Operation Regulations: two-hour advance notice October 1 Newtown Creek, Dutch Kills, English The Coast Guard considered the through April 30 is reasonable because Kills and their tributaries, New York the bridges will still open on signal environmental impact of this rule and provided the two-hour notice is given. concluded that under figure 2–1, AGENCY: Coast Guard, DOT. The commercial vessel transits on paragraph (32)(e) of Commandant ACTION: Final rule. Gowanus Canal are scheduled in Instruction M16475.1C, this rule is advance by the commercial operators. categorically excluded from further SUMMARY: The Coast Guard is changing Providing two-hours notice for bridge environmental documentation because the drawbridge operation regulations for openings for the additional seven promulgation of changes to drawbridge six New York City bridges: The Pulaski months of the year, October 1 through regulations have been found to not have Bridge, at mile 0.6, across Newtown April 30, when the bridge formerly a significant effect on the environment. Creek between Brooklyn and Queens; opened on signal, should not prevent A ‘‘Categorical Exclusion the Greenpoint Avenue Bridge, at mile vessels from still transiting the Determination’’ is available in the 1.3, across the Newtown Creek between waterway in a timely manner. docket for inspection or copying where Brooklyn and Queens; the Grand Street/ indicated under ADDRESSES. Avenue Bridge, at mile 3.1, across Collection of Information Newtown Creek (East Branch) between List of Subjects in 33 CFR Part 117 This rule calls for no new collection Brooklyn and Queens; the Metropolitan Avenue Bridge, at mile 3.4, across of information under the Paperwork Bridges. Reduction Act of 1995 (44 U.S.C. 3501– English Kills at Brooklyn; the Borden 3520). Regulations Avenue Bridge, at mile 1.2, across Dutch Kills at Queens; and the Hunters Point Federalism For the reasons set out in the Avenue Bridge, at mile 1.4, across Dutch We have analyzed this rule under preamble, the Coast Guard amends 33 Kills at Queens all in New York. Executive Order 13132 and have CFR part 117 as follows: The bridge owner asked the Coast determined that this rule does not have Guard to change the regulations to implications for federalism under that PART 117ÐDRAWBRIDGE require a two-hour advance notice for Order. OPERATION REGULATIONS openings. It is expected to relieve the bridge owner from the requirement to Unfunded Mandates Reform Act 1. The authority citation for part 117 crew the bridges at all times by using The Unfunded Mandates Reform Act continues to read as follows: multiple crews of drawtenders and still of 1995 (2 U.S.C. 1531–1538) governs Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 meet the reasonable needs of navigation. the issuance of Federal regulations that CFR 1.05–1(g); section 117.255 also issued DATES: This rule is effective August 31, require unfunded mandates. An under the authority of Pub. L. 102–587, 106 2000. unfunded mandate is a regulation that Stat. 5039. ADDRESSES: Comments and material requires a State, local, or tribal 2. Section 117.787 is revised to read received from the public, as well as government or the private sector to as follows: documents indicated in this preamble as incur direct costs without the Federal being available in the docket, are part of Government’s having first provided the § 117.787 Gowanus Canal docket (CGD01–99–069) and are funds to pay those unfunded mandate The draws of the Ninth Street Bridge, available for inspection or copying at costs. This rule will not impose an the First Coast Guard District, Bridge unfunded mandate. mile 1.4, the Third Street Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, Branch Office, 408 Atlantic Avenue, Taking of Private Property and the Union Street Bridge, mile 2.1, Boston, Massachusetts, 02110, 7 a.m. to at Brooklyn, shall open on signal, if at 3 p.m., Monday through Friday, except This rule will not effect a taking of Federal holidays. private property or otherwise have least a two-hour advance notice is given taking implications under Executive to the New York City Department of FOR FURTHER INFORMATION CONTACT: John Order 12630, Governmental Actions and Transportation (NYCDOT), Radio W. McDonald, Project Officer, First Interference with Constitutionally Hotline, or the NYCDOT Bridge Coast Guard District, (617) 223–8364. Protected Property Rights. Operations Office. SUPPLEMENTARY INFORMATION:
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Regulatory Information for the Grand Street/Avenue Bridge, Hunters Point Avenue Bridge On April 24, 2000, we published a listed at 33 CFR 117.801(e), require the bridge to open on signal unless the The Hunters Point Avenue Bridge, at notice of proposed rulemaking (NPRM) mile 1.4, over the Dutch Kills has entitled Drawbridge Operation drawtender is at the Borden Avenue, vertical clearances of 8 feet at mean high Regulations; Newtown Creek, Dutch Hunters Point Avenue or Roosevelt Kills, English Kills and their tributaries, Island Bridges. In this event a notice to water and 13 feet at mean low water. New York, in the Federal Register (65 the New York City Department of The existing regulations for the Hunters FR 21683). We received no comments in Transportation (NYCDOT) Radio Point Avenue Bridge in 33 CFR response to the notice of proposed Hotline, or NYCDOT Bridge Operations 117.801(d) require the draw to open on rulemaking. No public hearing was Office shall be given, resulting in up to signal if at least a one-hour advance requested and none was held. a one-hour delay. notice is given to the drawtender at the Metropolitan Avenue Bridge Grand Street/Avenue Bridge, the Background and Purpose NYCDOT Radio Hotline, or NYCDOT Pulaski Bridge The Metropolitan Avenue Bridge, at Bridge Operations Office. In the event mile 3.4, across the English Kills at The Pulaski Bridge, at mile 0.6, across the drawtender is at the Roosevelt Brooklyn has a vertical clearance of 10 Newtown Creek between Brooklyn and Island Bridge or the Borden Avenue feet above mean high water and 15 feet Queens has a vertical clearance of 39 Bridge, up to an additional half-hour above mean low water. The existing feet at mean high water and 43 feet at delay may occur. operating regulations require the draw mean low water. The existing to open on signal at all times. The bridge owner, the New York City regulations require the draw to open on Department of Transportation signal at all times. Borden Avenue Bridge (NYCDOT), submitted bridge opening Greenpoint Bridge The Borden Avenue Bridge, at mile log data to the Coast Guard for review. The Greenpoint Avenue Bridge, at 1.3, across the Dutch Kills has a vertical The bridge owner plans to operate these mile 1.3, across the Newtown Creek clearance of 4 feet at mean high water bridges with multiple crews of between Brooklyn and Queens has a and 9 feet at mean low water. The drawtenders. The two-hour advance vertical clearance of 26 feet at mean existing regulations in 33 CFR notice should allow sufficient time for high water and 31 feet at mean low 117.801(c) require the draw to open on the crews to operate these bridges due water. The existing regulations require signal if at least a one-hour advance to the close proximity of the bridges to the draw to open on signal at all times. notice is given to the drawtender at the each other. Recent yearly openings have Grand Street/Avenue Bridge, the New been relatively low which will allow the Grand Street/Avenue Bridge York City Department of Transportation bridge owner to utilize the roving crew The Grand Street/Avenue Bridge, at Radio Hotline or NYCDOT Bridge concept and still meet the needs of mile 3.1 across the Newtown Creek (East Operations Office. In the event the navigation. Branch) between Brooklyn and Queens drawtender is at the Roosevelt Island has a vertical clearance of 8 feet above Bridge or the Hunters Point Avenue The total number of bridge openings mean high water and 12 feet at mean Bridge, up to an additional half-hour at the above bridges from 1991 to 1999 low water. The existing operating rules delay may occur. are as follows:
1991 1992 1993 1994 1995 1996 1997 1998 1999
Pulaski ...... 584 426 224 239 206 195 291 518 550 Greenpt ...... 1014 880 587 549 498 557 626 920 1016 Grand ...... 419 549 224 254 239 189 37 86 91 Borden ...... 282 107 141 0 0 105 15 37 61 Hunters ...... 264 106 141 0 0 113 15 42 77 Metro ...... 301 356 225 310 272 407 432 588 688
The monthly distribution of openings openings at the bridges, the close safety, will be removed because it is for the above bridges were equally proximity of the bridges, and the now listed at 33 CFR 117.31 under the balanced without any specific months scheduling of commercial vessel general operating regulations for when opening requests were transits. The bridges will still open on bridges. significantly greater. signal at all times provided that the advance notice is given. This rule is Regulatory Evaluation Discussion of Proposal expected to relieve the bridge owner of This rule is not a ‘‘significant This final rule should relieve the the burden of crewing each bridge regulatory action’’ under section 3(f) of bridge owner the burden of crewing continually and still meet the Executive Order 12866 and does not each bridge continually, and still meet reasonable needs of navigation. the reasonable needs of navigation. A The Coast Guard is changing the require an assessment of potential costs two-hour advance notice requirement operating regulations for the Grand and benefits under section 6(a)(3) of that for bridge openings will enable the Street/Avenue Bridge, Borden Avenue Order. The Office of Management and bridge owner to utilize multiple crews Bridge, Hunters Point Bridge, Budget has not reviewed it under that of drawtenders to open these bridges for Metropolitan Bridge, Pulaski Bridge and Order. It is not ‘‘significant’’ under the vessel traffic. The Coast Guard believes the Greenpoint Bridge, to require a two- regulatory policies and procedures of the roving drawtender concept requiring hour advance notice for openings at all the Department of Transportation (DOT) a two-hour advance notice is reasonable times. (44 FR 11040; February 26, 1979). This and should meet the needs of navigation Paragraph (a)(1) of 33 CFR 117.801 for conclusion is based on the fact that the based upon the low number of yearly public and state vessels used for public bridges will open for marine traffic but
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