Drawbridge Operation Regulations; Bronx River, New York

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-018]

RIN 2115-AE47

Drawbridge Operation Regulations; Bronx River, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating rules for the

Bruckner Boulevard Bridge, over the Bronx River in the Bronx, New York.

In addition, the location of bridge in this section will be more

clearly identified and redundant language regarding openings for public

vessels and vessels in distress will be removed. The owner of the

bridge has requested that 4 hours notice for openings be provided,

except between 7 a.m. and 9 a.m. and 4 p.m. and 6 p.m., Monday through

Friday, when the bridge need not open for the passage of vessels. This

change is expected to provide for the needs of navigation and relieve

the bridge owner of the burden of crewing the bridge at all times.

DATES: Comments must be received on or before June 30, 1997.

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

Guard District, Building 135A, Governors Island, New York, 10004-5073.

The telephone number is (212) 668-7165. Comments will become part of

this docket and will be available for inspection or copying at the

above address.

FOR FURTHER INFORMATION CONTACT:

Mr. J. Arca, project officer, First Coast Guard District, (212) 668-

7069.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this notice (CGD01-97-018), and the specific section of the

proposal to which their comments apply, and give reasons for each

comment. Persons wanting acknowledgment of receipt of comments should

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

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing; however, persons may request a

public hearing by writing to the address under ADDRESSES. If it is

determined 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.

Background and Purpose

The Bruckner Boulevard Bridge, at mile 1.1, over the Bronx River in

the Bronx, New York, has vertical clearances of 27' above mean high

water (MHW) and 34' above mean low water (MLW) in the closed position.

The existing rules at 33 CFR part 117.771(a) require the Bruckner

Boulevard Bridge to open on signal, except during designated rush hour

periods. On September 27, 1988, the Coast Guard approved plans for the

rehabilitation of the bridge. To facilitate the work, a temporary final

rule (54 FR 18282, April 28, 1989) was approved, permitting the bridge

to remain closed for 36 months from April 9, 1989, through April 9,

1992. Prior to the rehabilitation of the bridge, there were three

openings recorded in 1988. Since the rehabilitation was completed in

1992, there have been no requests for openings.

Discussion of Proposed Amendments

This proposal will amend 33 CFR 117.771 to require at least a 4

hour advance notice be given to the bridge owner for openings of the

Bruckner Boulevard Bridge, except between 7 a.m. and 9 a.m., and 4

p.m., and 6 p.m., Monday through Friday, when the bridge need not open.

The locations of the Bruckner Boulevard and Conrail Bridges are unclear

in the existing regulation. This proposal correctly identifies the

locations of the bridges as the Bronx, New York. The requirement that

public vessels and vessels in distress be passed as soon as possible

will be removed from section 117.771 since it is now a requirement

under section 117.31 of the general operating regulations.

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. It

has not been reviewed 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 of this

rule to be so minimal that

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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 information from the bridge owner indicates that

there have been no requests for openings since 1992. This rule will not

prevent mariners from passing through the Bruckner Boulevard Bridge so

long as they provide advance notice.

Small Entities

The Coast Guard has considered the economic impact of this rule on

small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et

seq.). For the reasons discussed in the Regulatory Evaluation above,

the Coast Guard has determined that this rule will not affect 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 rule in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this rule does not have sufficient federalism

implications to warrant preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

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

Instruction M16475.1B, (as revised by 60 FR 32197, June 20, 1995), this

rule promulgates operating regulations for drawbridges and is

categorically excluded from further environmental documentation.

List of Subjects in 33 CFR part 117

Bridges.

Proposed Regulation

For the reasons set out in the preamble, the Coast Guard proposes

to amend 33 CFR part 117 as follows:

PART 117--[AMENDED]

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 117.771 is revised to read as follows:

Sec. 117.771 Bronx River.

(a) The draw of the Bruckner Boulevard Bridge, mile 1.1, at the

Bronx, New York, shall open on signal if at least 4 hours notice is

given to the New York City Department of Transportation (NYCDOT) Radio

Hotline, or NYCDOT Bridge Operations office, except that between 7 a.m.

and 9 a.m., and 4 p.m. and 6 p.m. Monday through Friday, the bridge

need not be opened for the passage of vessels.

(b) The draw of the Conrail Bridge, mile 1.6 at the Bronx, New

York, need not be opened for the passage of vessels.

(c) The owners of the Bruckner Boulevard Bridge, mile 1.1, and the

Conrail Bridge, mile 1.6, both at the Bronx, New York, shall provide

and keep in good legible condition two clearance gauges designed,

installed and maintained in accordance with the provisions of

Sec. 118.160 of this chapter.

Dated: April 16, 1997.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.

[FR Doc. 97-11211 Filed 4-29-97; 8:45 am]

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