Drawbridge Operation Regulations; New Rochelle Harbor, NY

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-95-002]

RIN 2115-AE47

Drawbridge Operation Regulations; New Rochelle Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering a change to the regulations

governing the Glen Island Bridge over New Rochelle Harbor at mile 0.8

in New Rochelle, New York. This change to the regulations will allow

the bridge owner to reduce the number of hours in a day that the bridge

is manned by drawtenders and opened on signal. This change is proposed

because there have been few requests for bridge openings during the

time periods at issue, i.e., from 1 May through 31 October, 12 midnight

to 8 a.m., and from 1 November through 30 April, 8 p.m. to 8 a.m.

DATES: Comments must be received on or before March 28, 1995.

ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard

District, Building 135A, Governors Island, New York, 10004-5073, or may

be hand-delivered to the same address between 7 a.m. and 4 p.m., Monday

through Friday, except federal holidays. The telephone number is (212)

668-7170. The comments will become part of this docket and will be

available for inspection and copying by appointment at the above

address.

FOR FURTHER INFORMATION CONTACT:

Ms. Sylvia Bowens, Project Manager, Bridge Branch, (212) 668-7170.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, comments, data, or

arguments. Persons submitting comments should include their names and

addresses, identify this rulemaking (CGD01-95-002), the specific

section of the proposal to which each comment applies, and given

reasons for each comment. The Coast Guard requests that all comments

and attachments be submitted in an unbound format no larger than 8\1/

2\'' by 11'', suitable for copying and electronic filing. If that is

not practical, a second copy of any bound material is requested.

Persons desiring acknowledgment that their comments have been received

should enclose a stamped, self-addressed post card or envelope.

The Coast Guard will consider all comments received during the

comment period, and may change this proposal in light of comments

received. The Coast Guard plans no public hearing. Persons may request

a public hearing by writing to Commander (obr), First Coast Guard

District at the address listed under ADDRESSES. The request should

include reasons why a hearing would be beneficial. If the Coast Guard

determines that the opportunity for oral presentations will aid this

rulemaking, the Coast Guard will hold a public hearing at a time and

place announced by a later notice in the Federal Register.

Drafting Information

The drafters of this notice are Mr. John W. McDonald, Bridge

Management Specialist, Bridge Branch, and LCDR Samuel R. Watkins,

Project Counsel, District Legal Office.

Background and Purpose

The Glen Island Bridge spans New Rochelle Harbor, New York. It was

built in 1929 and has a vertical clearance of 13' above mean high water

(MHW) and a vertical clearance of 20' above mean low water (MLW). Glen

Island Bridge logs for 1990 tallied only fifty-two (52) openings during

the periods relevant to this proposed rule: forty-five (45) from July

to October, between 12 midnight and 8 a.m.; and seven (7) during

November and December, between 8 p.m. and 8 a.m. Bridge openings for

1991 totaled only fifty-one (51) during the relevant periods: forty-

five (45) from May to July, between 12 midnight and 8 a.m.; and six (6)

from January to April, between 8 p.m. and 8 a.m. In 1992 there were

only twenty (20) openings during the relevant periods: fourteen (14)

for the month of October, between 12 midnight and 8 a.m.; and six (6)

during November and December, between 8 p.m. and 8 a.m. Bridge logs for

1993 tallied only eighty-two (82) bridge openings during the relevant

periods: seventy-seven (77) from May to September, between 12 midnight

and 8 a.m.; and five (5) from January to April, between 8 p.m. and 8

a.m. The bridge owner was not able to provide bridge logs from

September 21, 1991 through September 23, 1992 because they were damaged

by water during a storm in December, 1992.

The present operating regulations require the Glen Island Bridge to

open on signal at all times. The proposed regulations would allow the

bridge to remain closed from 1 May through 31 October, between 12

midnight and 8 a.m., and from 1 November through 30 April, between 8

p.m. and 8 a.m. These closed periods will relieve the bridge owner from

the unnecessary burden of having the bridge manned with drawtenders at

all times.

Discussion of Proposed Amendments

The bridge owner, Westchester County, requested a change to the

present general operating regulations which require the bridge to open

on signal at all times. It is proposed that 33 CFR 117.802 be added to

provide that the Glen Island Bridge need not open [[Page 5344]] from 1

May through 31 October, between 12 midnight and 8 a.m., and from 1

November through 30 April, between 8 p.m. to 8 a.m. At all other times

the bridge will open on signal. This change to the regulations is being

proposed due to infrequent request for openings during the above time

periods and will relieve the bridge owner of the burden of having

personnel at the bridge at all times.

Regulatory Evaluation

This proposal 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. It

has been exempted from review by the Office of Management and Budget

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). The Coast Guard expects the economic impact 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 regulation will not prevent

mariners from transiting the bridge. It will only require that mariners

plan their transits.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this action will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their fields and that otherwise qualify as

``small business concerns'' under Section 3 of the Small Business Act

(15 U.S.C. 632). Because of the reasons discussed in the Regulatory

Evaluation above, the Coast Guard certifies under 5 U.S.C. 605(b) that

this action, if adopted, will not have a significant economic impact on

a substantial number of small entities.

Collection of Information

This rule contains no collection of information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposal in accordance with the

principles and criteria contained in Executive Order 12612, and it has

determined that this proposed regulation does not have sufficient

federalism implications to warrant preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under section 2.B.2.e(32)(e) of Commandant

Instruction M16475.1B, this proposal is categorically excluded from

further environmental documentation. 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.

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 under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. Section 117.802 is added to read as follows:

Sec. 117.802 New Rochelle Harbor.

(a) The draw of the Glen Island Bridge, mile 0.8 over New Rochelle

Harbor, shall open on signal, except as follows:

(1) The draw need not open from 1 May through 31 October, between

12 midnight and 8 a.m.

(2) The draw need not open from 1 November through 30 April,

between 8 p.m. and 8 a.m.

(b) The owners of the bridge shall provide, and keep in good

legible condition, clearance gauges for each draw with figures not less

than twelve (12) inches high, designed, installed and maintained

according to the provisions of Sec. 118.160 of this chapter.

Dated: January 17, 1995.

R.R. Clark,

Captain, U.S. Coast Guard, Acting Commander, First Coast Guard

District.

[FR Doc. 95-2090 Filed 1-26-95; 8:45 am]

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