63546 Federal Register / Vol. 67, No. 199 / Tuesday, October 15, 2002 / Rules and Regulations Issued in Washington, DC, on this 8th day provided to the Coast Guard until the regulatory policies and procedures of October 2002. September 12, 2002, making it of the Department of Transportation Joseph H. Grant, impossible to draft or publish a NPRM. (DOT) (44 FR 11040; February 26, 1979). Deputy Executive Director and Chief, This closure is not expected to have a This conclusion is based on the fact Operating Officer, Pension Benefit Guaranty significant impact on navigation that the requested closures are of short Corporation. because vessel traffic on the Harlem duration and on Sunday when there [FR Doc. 02–26111 Filed 10–11–02; 8:45 am] River and Newtown Creek is mostly have been few requests to open these BILLING CODE 7708–01–P commercial vessels that normally pass bridges. under the draws without openings. The Small Entities commercial vessels that do require DEPARTMENT OF TRANSPORTATION openings are work barges that do not Under the Regulatory Flexibility Act operate on Sundays. Any delay (5 U.S.C. 601–612), we considered Coast Guard encountered in this regulation’s whether this rule would have a effective date would be unnecessary and significant economic impact on a 33 CFR Part 117 contrary to the public interest since substantial number of small entities. immediate action is needed to close the The term ‘‘small entities’’ comprises [CGD01–02–113] bridge in order to provide for public small businesses, not-for profit RIN 2115–AE47 safety and the safety of marathon organizations that are independently participants. owned and operated and are not dominant in their fields, and Drawbridge Operation Regulations: Background and Purpose Harlem River, Newtown Creek, NY governmental jurisdictions with The Willis Avenue Bridge, mile 1.5, populations less than 50,000. AGENCY: Coast Guard, DOT. across the Harlem River has a vertical The Coast Guard certifies under 5 ACTION: Temporary final rule. clearance of 24 feet at mean high water U.S.C. 605(b), that this rule will not (MHW) and 30 feet at mean low water have a significant economic impact on SUMMARY: The Coast Guard is (MLW) in the closed position. The a substantial number of small entities. temporarily changing the drawbridge Madison Avenue Bridge, mile 2.3, This conclusion is based on the fact operation regulations that govern the across the Harlem River has a vertical that the bridge closures are of short operation of the Willis Avenue Bridge, clearance of 25 feet at MHW and 29 feet duration and on Sunday when there mile 1.5, and the Madison Avenue at MLW in the closed position. The have been few requests to open these Bridge, mile 2.3, both across the Harlem Pulaski Bridge across Newtown Creek, bridges. River, and the Pulaski Bridge, mile 0.6, mile 0.6, has a vertical clearance of 39 across Newtown Creek in New York feet at MHW and 43 feet at MLW in the Collection of Information City, New York. This temporary final closed position. This rule calls for no new collection rule allows the bridge owner to close the The current operating regulations for of information under the Paperwork above three bridges on November 3, the Willis Avenue and Madison Avenue Reduction Act of 1995 (44 U.S.C. 3501– 2002, as follows: Willis Avenue and bridges, listed at 33 CFR 117.789(c), 3520). Madison Avenue bridges from 10 a.m. to require the bridges to open on signal 5 p.m. and the Pulaski Bridge from 8:30 from 10 a.m. to 5 p.m., if at least four- Federalism a.m. to 3 p.m. This action is necessary hours notice is given. The current A rule has implications for federalism to facilitate public safety during the operating regulations for the Pulaski under Executive Order 13132, running of the New York City Marathon. Bridge listed at 117.801(g) require it to Federalism, if it has a substantial direct DATES: This rule is effective on open on signal if at least a two-hour effect on State or local governments and November 3, 2002. advance notice is given. would either preempt State law or The bridge owner, New York City impose a substantial direct cost of ADDRESSES: Documents indicated in this Department of Transportation preamble as being available in the compliance on them. We have analyzed (NYCDOT), requested a temporary docket are part of docket (CGD01–02– this rule under that Order and have change to the operating regulations 113) and are available for inspection or determined that it does not have governing the Willis Avenue Bridge, the copying at the First Coast Guard implications for federalism. Madison Avenue Bridge, and the District, Bridge Administration Office, Pulaski Bridge, to allow the bridges to Unfunded Mandates Reform Act 408 Atlantic Avenue, Boston, remain in the closed position at The Unfunded Mandates Reform Act Massachusetts, 02110–3350, between 7 different times on November 3, 2002, to of 1995 (2 U.S.C. 1531–1538) requires a.m. and 3 p.m., Monday through facilitate the running of the New York Federal agencies to assess the effects of Friday, except Federal holidays. City Marathon. Vessels that can pass their discretionary regulatory actions. In FOR FURTHER INFORMATION CONTACT: Mr. under the bridges without bridge particular, the Act addresses actions Joseph Schmied, Project Officer, First openings may do so at all times during that may result in the expenditure by Coast Guard District, (212) 668–7165. these bridge closures. State, local, or tribal government, in the SUPPLEMENTARY INFORMATION: aggregate, or by the private sector of Regulatory Evaluation $100,000,000 or more in any one year. Regulatory Information This rule is not a ‘‘significant Though this rule will not result in such We did not publish a notice of regulatory action’’ under section 3(f) of an expenditure, we do discuss the proposed rulemaking (NPRM) for this Executive Order 12866, Regulatory effects of this rule elsewhere in this regulation. Under 5 U.S.C. 553(b)(B), the Planning and Review, and does not preamble. Coast Guard finds that good cause exists require an assessment of potential costs for not publishing an NPRM in the and benefits under section 6(a)(3), of Taking of Private Property Federal Register. that Order. The Office of Management This rule will not effect a taking of Conclusive information about the and Budget has not reviewed it under private property or otherwise have New York City Marathon was not that Order. It is not ‘‘significant’’ under taking implications under Executive VerDate 0ct<02>2002 20:09 Oct 11, 2002 Jkt 200001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.SGM 15OCR1 Federal Register / Vol. 67, No. 199 / Tuesday, October 15, 2002 / Rules and Regulations 63547 Order 12630, Governmental Actions and List of Subjects in 33 CFR Part 117 DEPARTMENT OF TRANSPORTATION Interference with Constitutionally Protected Property Rights. Bridges. Coast Guard Regulations Civil Justice Reform 33 CFR Part 117 This rule meets applicable standards For the reasons set out in the [CGD01–02–112] in sections 3(a) and 3(b)(2) of Executive preamble, the Coast Guard amends 33 Order 12988, Civil Justice Reform, to CFR part 117 as follows: RIN 2115–AE47 minimize litigation, eliminate ambiguity, and reduce burden. PART 117—DRAWBRIDGE Drawbridge Operation Regulations; OPERATION REGULATIONS Long Island, New York Inland Protection of Children Waterway From East Rockaway Inlet to We have analyzed this rule under 1. The authority citation for part 117 Shinnecock Canal, NY Executive Order 13045, Protection of continues to read as follows: AGENCY: Coast Guard, DOT. Children from Environmental Health Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 Risks and Safety Risks. This rule is not ACTION: Temporary final rule. CFR 1.05–1(g); section 117.255 also issued an economically significant rule and under the authority of Pub. L. 102–587, 106 SUMMARY: The Coast Guard is does not concern an environmental risk Stat. 5039. establishing a temporary final rule to health or risk to safety that may governing the operation of the Atlantic disproportionately affect children. 2. On November 3, 2002, from 10 a.m. Beach Bridge, at mile 0.4, across Indian Tribal Governments to 5 p.m., § 117.789 paragraph (c) is Reynolds Channel at New York. This temporarily suspended and a new rule allows the bridge owner to open This final rule does not have tribal paragraph (h) is added to read as only one lift span for bridge openings, implications under Executive Order follows: 7 a.m. to 5 p.m., from November 1, 2002 13175, Consultation and Coordination through November 30, 2002. Two span § 117.789 Harlem River. with Indian Tribal Governments, openings will be granted, provided a because it does not have substantial * * * * * two-hour advance notice is given, from direct effect on one or more Indian (h) The draws of the bridges at 103rd one hour before to one hour after tribes, on the relationship between the predicted high tide. This single span Federal Government and Indian tribes, Street, mile 0.0, 3rd Avenue, mile 1.9, 145th Street, mile 2.8, Macombs Dam, operation is necessary to facilitate or on the distribution of power and bridge painting operations at the bridge. responsibilities between the Federal mile 3.2, 207th Street, mile 6.0, and the DATES: Government and Indian tribes. two Broadway Bridges, mile 6.8, shall This rule is effective from open on signal if at least four-hours November 1, 2002 through November Energy Effects notice is given to the New York City 30, 2002.