Drawbridge Operation Regulations; Harlem River, New York, NY, 66571-66574 [E8-26669]
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Proposed Rules
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and whether the other requirements of
30 CFR Parts 730, 731, and 732 have
been met.
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4321 et seq.).
regulation did not impose an unfunded
mandate.
Executive Order 13132—Federalism
This rule does not have federalism
implications. SMCRA delineates the
roles of the Federal and State
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA. Section 503(a)(7) requires that
State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
Intergovernmental relations, Surface
mining, Underground mining.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federally
recognized Indian Tribes and have
determined that the rule does not have
substantial direct effects 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.
The rule does not involve or affect
Indian Tribes in any way.
dwashington3 on PRODPC61 with PROPOSALS
Executive Order 13211—Regulations
That Significantly Affect The Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
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Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), of the Small Business
Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on
the economy of $100 million.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
This determination is based upon the
fact that the State submittal which is the
subject of this rule is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded Mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
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List of Subjects in 30 CFR Part 926
Dated: October 21, 2008.
Allen D. Klein,
Regional Director, Western Region.
[FR Doc. E8–26703 Filed 11–7–08; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0456]
RIN 1625–AA09
Drawbridge Operation Regulations;
Harlem River, New York, NY
Coast Guard, DHS.
Supplemental Notice of
proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is issuing a
supplemental notice of proposed
rulemaking to revise our notice of
proposed rulemaking (73 FR 45922)
published on August 7, 2008. The notice
of proposed rulemaking did not include
a provision to allow ten of the eleven
moveable bridges across the Harlem
River to remain closed during the
morning and afternoon commuter rush
hours. It also did not specify the
maximum time railroad bridges may
delay bridge openings for the passage of
rail traffic.
DATES: Comments and related material
must reach the Coast Guard on or before
December 10, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0456 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building ground
floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC., 20590–
0001.
(3) Hand Delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except,
Federal holidays. The telephone number
is (202) 366–9329.
(4) Fax: (202) 493–2251.
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Proposed Rules
Mr.
Joe Arca, Project Officer, First Coast
Guard District, (212) 668–7165.
If you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation to use
the Docket Management Facility. Please
see DOT’s ‘‘Privacy Act’’ paragraph
below.
dwashington3 on PRODPC61 with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0456),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and mailing address,
an e-mail address, or a phone number in
the body of your document so that we
can contact you if we have questions
regarding your submission. You may
submit your comments and materials by
electronic means, mail, fax, or delivery
to the Docket Management Facility at
the address under ADDRESSES; but
please submit your comments and
materials by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0456) in the
Search box, and click ‘‘Go>>.’’ You may
also visit either the Docket Management
Facility in Room W12–140, on the
ground floor of the Department of
Transportation West Building 1200 New
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Jersey Avenue, SE., Washington, DC,
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays; or First Coast Guard District,
Bridge Branch, One South Street, New
York, NY, 10004, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment), if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act, system of records notice regarding
our public dockets in the January 17,
2008 issue of the Federal Register (73
FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On August 7, 2008, we published a
notice of proposed rulemaking (73 FR
45922); wherein, we proposed to change
the drawbridge operation regulations
governing the operation of all bridges
across the Harlem River, New York.
We did not include in our original
notice of proposed rulemaking our
proposal to require ten of the eleven
moveable bridges across the Harlem
River to remain closed during the
morning and afternoon commuter rush
hours, Monday through Friday and the
maximum time railroad bridges may
delay bridge openings for the passage of
rail traffic. This supplemental notice of
proposed rulemaking will add those
additional provisions.
The existing drawbridge operation
regulations for the Harlem River, lists
the operating hours for eleven moveable
bridges. The eleven moveable bridges
across the Harlem River provide the
following vertical clearances in the
closed position:
The 103 Street Bridge has a vertical
clearance of 55 feet at mean high water,
and 60 feet at mean low water in the
closed position.
The 125 Street Bridge has a vertical
clearance of 54 feet at mean high water
and 59 feet at mean low water in the
closed position.
The Willis Avenue Bridge has a
vertical clearance of 24 feet at mean
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high water and 30 feet at mean low
water in the closed position.
The Third Avenue Bridge has a
vertical clearance of 25 feet at mean
high water and 30 feet at mean low
water in the closed position.
The Metro North Park Avenue Bridge
has a vertical clearance of 25 feet at
mean high water and 30 feet at mean
low water in the closed position.
The Madison Avenue Bridge has a
vertical clearance of 25 feet at mean
high water and 29 feet at mean low
water in the closed position.
The 145 Street Bridge has a vertical
clearance of 25 feet at mean high water
and 30 feet at mean low water in the
closed position.
The Macombs Dam Bridge has a
vertical clearance of 27 feet at mean
high water and 32 feet at mean low
water in the closed position.
The 207 Street Bridge has a vertical
clearance of 26 feet at mean high water
and 30 feet at mean low water in the
closed position.
The two Broadway Bridges have a
vertical clearance of 24 feet at mean
high water and 29 feet at mean low
water in the closed position.
The Spuyten Duyvil Bridge has a
vertical clearance of 5 feet at mean high
water and 9 feet at mean low water in
the closed position.
The existing drawbridge operating
regulations listed at 33 CFR 117.789,
require all the moveable bridges across
the Harlem River, except the Spuyten
Duyvil Bridge, to open on signal from 10
a.m. to 5 p.m. after at least a four-hour
notice is given to the New York City
Highway Radio (Hotline) Room, and
from 5 p.m. and 10 a.m. all the bridges,
except the Spuyten Duyvil Bridge, need
not open for vessel traffic.
The moveable bridges across the
Harlem River, listed above, provide at
least 24 feet of vertical clearance in the
closed position, except for the Spuyten
Duyvil Bridge.
The Spuyten Duyvil Bridge is much
lower in vertical clearance, and as a
result, is required under the existing
regulations to open on signal at all times
for the passage of vessel traffic.
Discussion of Proposed Rule
Under the existing drawbridge
operation regulations ten of the eleven
moveable bridges listed presently do not
open for vessel traffic between 5 p.m.
and 10 a.m. each day.
The Spuyten Duyvil Bridge railroad
bridge, which is much lower in vertical
clearance than all the other bridges, is
the only moveable bridge listed in the
existing regulations that provides bridge
openings at all times of the day.
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Proposed Rules
The Coast Guard is proposing to
change the existing regulations to
require the bridges in the existing
regulations that do not normally open
for vessel traffic between 5 p.m. and 10
a.m. to now open after at least a fourhour advance notice is given.
The Coast Guard believes that all
bridges over navigable waterways
should open for vessel traffic at any
time either on signal or after an advance
notice is given unless there is no
existing navigation presently utilizing
the waterway.
In addition, the Coast Guard is also
proposing that ten of the eleven
moveable bridges need not open for the
passage of vessel traffic during the
morning and afternoon commuter rush
hours to help reduce both vehicular
traffic delays and delays to commuter
trains during the work week, Monday
through Friday.
The draws of the 103 Street Bridge,
125 Street Bridge, Willis Avenue Bridge,
Third Avenue Bridge, Madison Avenue
Bridge, 145 Street Bridge, Macombs
Dam, 207 Street Bridge and the
Broadway Bridge would need not open
for vessel traffic between 6 a.m. and 9
a.m. and between 5 p.m. and 7 p.m.,
Monday through Friday, except
holidays.
The draw of the Metro North Park
Avenue Bridge at mile 2.1, would need
not open during the commuter train
rush hours from 5 a.m. to 10 a.m. and
from 4 p.m. to 8 p.m., Monday through
Friday, except holidays.
Additionally, the maximum time the
railroad bridges across the Harlem River
may delay bridge openings for the
passage of rail traffic shall be clearly
defined as ten minutes and the language
in existing regulation allowing public
vessels of the United States to be passed
through each bridge in this section as
soon as possible, will be removed
because it is now required under 33 CFR
117.31, as part of the General
Requirements for bridges.
Regulatory Analysis
dwashington3 on PRODPC61 with PROPOSALS
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analysis based
on 13 of these statutes or executive
orders.
Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
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of Management and Budget has not
reviewed it under that Order.
This proposed rule is not a significant
regulatory action. This conclusion is
based on the fact that vessel traffic will
be able to obtain bridge openings 24hours each day instead of the existing
seven-hour window for bridge openings.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘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 of less than 50,000.
The Coast Guard certifies under
section 5 U.S.C. 605(b) that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact
that vessel traffic will be able to obtain
bridge openings 24-hours each day
instead of the existing seven-hour
window.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact, Commander
(dpb), First Coast Guard District, Bridge
Branch, One South Street, New York,
NY, 10004. The telephone number is
(212) 668–7165. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a 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.
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Proposed Rules
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
dwashington3 on PRODPC61 with PROPOSALS
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 5100.1,
and Commandant Instruction
M16475.1D, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
under the Instruction that this action is
not likely to have a significant effect on
the human environment because it
simply promulgates the operating
regulations or procedures for
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 117.
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
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PART 117—DRAWBRIDGE
OPERATION REGULATIONS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 117
continues to read as follows:
Federal Emergency Management
Agency
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1.
44 CFR Part 67
2. Section 117.789 is revised to read
as follows:
§ 117.789
Harlem River.
(a) The draws of all railroad bridges
across the Harlem River may remain in
the closed position from the time a train
scheduled to cross the bridge is within
five minutes from the bridge, and until
that train has fully crossed the bridge.
The maximum time permitted for delay
shall not exceed ten (10) minutes. Land
and water traffic should pass over or
through the draw as soon as possible in
order to prevent unnecessary delays in
the opening and closure of the draw.
(b)(1) The draws of the bridges at 103
Street, mile 0.0, 125 Street (Triborough),
mile 1.3, Willis Avenue, mile 1.5, Third
Avenue, mile 1.9, Madison Avenue,
mile 2.3, 145 Street, mile 2.8, Macombs
Dam, mile 3.2, 207 Street, mile 6.0, and
the Broadway Bridge, mile 6.8, shall
open on signal if at least a four-hour
advance notice is given to the New York
City Highway Radio (Hotline) Room.
The draws need not open for the
passage of vessel traffic from 6 a.m. to
9 a.m. and 5 p.m., to 7 p.m., Monday
through Friday, except holidays.
(2) The draws of the Willis Avenue
Bridge, mile 1.5, Third Avenue Bridge,
mile 1.9, and the Madison Avenue
Bridge, mile 2.3, need not open for the
passage of vessel traffic at various times
between 8 a.m. and 5 p.m. on the first
Sunday in May and November. The
exact time and date of each bridge
closure will be published in the Local
Notice to Mariners several weeks prior
to each closure.
(c) The draw of the Metro North (Park
Avenue) Bridge, mile 2.1, shall open on
signal, except, as provided in paragraph
(a) of this section, if at least a four-hour
advance notice is given. The draw need
not open for the passage of vessel traffic
from 5 a.m. to 10 a.m. and 4 p.m. to 8
p.m., Monday through Friday, except
holidays.
(d) The draw of the Spuyten Duyvil
railroad bridge, mile 7.9, shall open on
signal at all times, except as provided in
paragraph (a) of this section.
Dated: October 28, 2008.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. E8–26669 Filed 11–7–08; 8:45 am]
BILLING CODE 4910–15–P
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[Docket No. FEMA–B–1017]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
AGENCY:
SUMMARY: Comments are requested on
the proposed Base (1 percent annualchance) Flood Elevations (BFEs) and
proposed BFE modifications for the
communities listed in the table below.
The purpose of this notice is to seek
general information and comment
regarding the proposed regulatory flood
elevations for the reach described by the
downstream and upstream locations in
the table below. The BFEs and modified
BFEs are a part of the floodplain
management measures that the
community is required either to adopt
or show evidence of having in effect in
order to qualify or remain qualified for
participation in the National Flood
Insurance Program (NFIP). In addition,
these elevations, once finalized, will be
used by insurance agents, and others to
calculate appropriate flood insurance
premium rates for new buildings and
the contents in those buildings.
DATES: Comments are to be submitted
on or before February 9, 2009.
The corresponding
preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each
community are available for inspection
at the community’s map repository. The
respective addresses are listed in the
table below.
You may submit comments, identified
by Docket No. FEMA–B–1017, to
William R. Blanton, Jr., Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–3151, or (e-mail)
bill.blanton@dhs.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–3151 or (e-mail)
bill.blanton@dhs.gov.
The
Federal Emergency Management Agency
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Proposed Rules]
[Pages 66571-66574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26669]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2008-0456]
RIN 1625-AA09
Drawbridge Operation Regulations; Harlem River, New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Supplemental Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing a supplemental notice of proposed
rulemaking to revise our notice of proposed rulemaking (73 FR 45922)
published on August 7, 2008. The notice of proposed rulemaking did not
include a provision to allow ten of the eleven moveable bridges across
the Harlem River to remain closed during the morning and afternoon
commuter rush hours. It also did not specify the maximum time railroad
bridges may delay bridge openings for the passage of rail traffic.
DATES: Comments and related material must reach the Coast Guard on or
before December 10, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0456 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building ground floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC., 20590-0001.
(3) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except, Federal holidays. The telephone
number is (202) 366-9329.
(4) Fax: (202) 493-2251.
[[Page 66572]]
FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First
Coast Guard District, (212) 668-7165.
If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0456), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and materials by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and materials by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0456)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140, on the ground floor of the
Department of Transportation West Building 1200 New Jersey Avenue, SE.,
Washington, DC, 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays; or First Coast Guard District, Bridge
Branch, One South Street, New York, NY, 10004, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment), if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act, system of
records notice regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
On August 7, 2008, we published a notice of proposed rulemaking (73
FR 45922); wherein, we proposed to change the drawbridge operation
regulations governing the operation of all bridges across the Harlem
River, New York.
We did not include in our original notice of proposed rulemaking
our proposal to require ten of the eleven moveable bridges across the
Harlem River to remain closed during the morning and afternoon commuter
rush hours, Monday through Friday and the maximum time railroad bridges
may delay bridge openings for the passage of rail traffic. This
supplemental notice of proposed rulemaking will add those additional
provisions.
The existing drawbridge operation regulations for the Harlem River,
lists the operating hours for eleven moveable bridges. The eleven
moveable bridges across the Harlem River provide the following vertical
clearances in the closed position:
The 103 Street Bridge has a vertical clearance of 55 feet at mean
high water, and 60 feet at mean low water in the closed position.
The 125 Street Bridge has a vertical clearance of 54 feet at mean
high water and 59 feet at mean low water in the closed position.
The Willis Avenue Bridge has a vertical clearance of 24 feet at
mean high water and 30 feet at mean low water in the closed position.
The Third Avenue Bridge has a vertical clearance of 25 feet at mean
high water and 30 feet at mean low water in the closed position.
The Metro North Park Avenue Bridge has a vertical clearance of 25
feet at mean high water and 30 feet at mean low water in the closed
position.
The Madison Avenue Bridge has a vertical clearance of 25 feet at
mean high water and 29 feet at mean low water in the closed position.
The 145 Street Bridge has a vertical clearance of 25 feet at mean
high water and 30 feet at mean low water in the closed position.
The Macombs Dam Bridge has a vertical clearance of 27 feet at mean
high water and 32 feet at mean low water in the closed position.
The 207 Street Bridge has a vertical clearance of 26 feet at mean
high water and 30 feet at mean low water in the closed position.
The two Broadway Bridges have a vertical clearance of 24 feet at
mean high water and 29 feet at mean low water in the closed position.
The Spuyten Duyvil Bridge has a vertical clearance of 5 feet at
mean high water and 9 feet at mean low water in the closed position.
The existing drawbridge operating regulations listed at 33 CFR
117.789, require all the moveable bridges across the Harlem River,
except the Spuyten Duyvil Bridge, to open on signal from 10 a.m. to 5
p.m. after at least a four-hour notice is given to the New York City
Highway Radio (Hotline) Room, and from 5 p.m. and 10 a.m. all the
bridges, except the Spuyten Duyvil Bridge, need not open for vessel
traffic.
The moveable bridges across the Harlem River, listed above, provide
at least 24 feet of vertical clearance in the closed position, except
for the Spuyten Duyvil Bridge.
The Spuyten Duyvil Bridge is much lower in vertical clearance, and
as a result, is required under the existing regulations to open on
signal at all times for the passage of vessel traffic.
Discussion of Proposed Rule
Under the existing drawbridge operation regulations ten of the
eleven moveable bridges listed presently do not open for vessel traffic
between 5 p.m. and 10 a.m. each day.
The Spuyten Duyvil Bridge railroad bridge, which is much lower in
vertical clearance than all the other bridges, is the only moveable
bridge listed in the existing regulations that provides bridge openings
at all times of the day.
[[Page 66573]]
The Coast Guard is proposing to change the existing regulations to
require the bridges in the existing regulations that do not normally
open for vessel traffic between 5 p.m. and 10 a.m. to now open after at
least a four-hour advance notice is given.
The Coast Guard believes that all bridges over navigable waterways
should open for vessel traffic at any time either on signal or after an
advance notice is given unless there is no existing navigation
presently utilizing the waterway.
In addition, the Coast Guard is also proposing that ten of the
eleven moveable bridges need not open for the passage of vessel traffic
during the morning and afternoon commuter rush hours to help reduce
both vehicular traffic delays and delays to commuter trains during the
work week, Monday through Friday.
The draws of the 103 Street Bridge, 125 Street Bridge, Willis
Avenue Bridge, Third Avenue Bridge, Madison Avenue Bridge, 145 Street
Bridge, Macombs Dam, 207 Street Bridge and the Broadway Bridge would
need not open for vessel traffic between 6 a.m. and 9 a.m. and between
5 p.m. and 7 p.m., Monday through Friday, except holidays.
The draw of the Metro North Park Avenue Bridge at mile 2.1, would
need not open during the commuter train rush hours from 5 a.m. to 10
a.m. and from 4 p.m. to 8 p.m., Monday through Friday, except holidays.
Additionally, the maximum time the railroad bridges across the
Harlem River may delay bridge openings for the passage of rail traffic
shall be clearly defined as ten minutes and the language in existing
regulation allowing public vessels of the United States to be passed
through each bridge in this section as soon as possible, will be
removed because it is now required under 33 CFR 117.31, as part of the
General Requirements for bridges.
Regulatory Analysis
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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.
This proposed rule is not a significant regulatory action. This
conclusion is based on the fact that vessel traffic will be able to
obtain bridge openings 24-hours each day instead of the existing seven-
hour window for bridge openings.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``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 of less than
50,000.
The Coast Guard certifies under section 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that vessel traffic will be
able to obtain bridge openings 24-hours each day instead of the
existing seven-hour window.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact, Commander (dpb), First Coast
Guard District, Bridge Branch, One South Street, New York, NY, 10004.
The telephone number is (212) 668-7165. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a 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.
[[Page 66574]]
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 5100.1, and Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination under the Instruction that this
action is not likely to have a significant effect on the human
environment because it simply promulgates the operating regulations or
procedures for drawbridges. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 117.
Bridges.
For the reasons discussed 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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1.
2. Section 117.789 is revised to read as follows:
Sec. 117.789 Harlem River.
(a) The draws of all railroad bridges across the Harlem River may
remain in the closed position from the time a train scheduled to cross
the bridge is within five minutes from the bridge, and until that train
has fully crossed the bridge. The maximum time permitted for delay
shall not exceed ten (10) minutes. Land and water traffic should pass
over or through the draw as soon as possible in order to prevent
unnecessary delays in the opening and closure of the draw.
(b)(1) The draws of the bridges at 103 Street, mile 0.0, 125 Street
(Triborough), mile 1.3, Willis Avenue, mile 1.5, Third Avenue, mile
1.9, Madison Avenue, mile 2.3, 145 Street, mile 2.8, Macombs Dam, mile
3.2, 207 Street, mile 6.0, and the Broadway Bridge, mile 6.8, shall
open on signal if at least a four-hour advance notice is given to the
New York City Highway Radio (Hotline) Room. The draws need not open for
the passage of vessel traffic from 6 a.m. to 9 a.m. and 5 p.m., to 7
p.m., Monday through Friday, except holidays.
(2) The draws of the Willis Avenue Bridge, mile 1.5, Third Avenue
Bridge, mile 1.9, and the Madison Avenue Bridge, mile 2.3, need not
open for the passage of vessel traffic at various times between 8 a.m.
and 5 p.m. on the first Sunday in May and November. The exact time and
date of each bridge closure will be published in the Local Notice to
Mariners several weeks prior to each closure.
(c) The draw of the Metro North (Park Avenue) Bridge, mile 2.1,
shall open on signal, except, as provided in paragraph (a) of this
section, if at least a four-hour advance notice is given. The draw need
not open for the passage of vessel traffic from 5 a.m. to 10 a.m. and 4
p.m. to 8 p.m., Monday through Friday, except holidays.
(d) The draw of the Spuyten Duyvil railroad bridge, mile 7.9, shall
open on signal at all times, except as provided in paragraph (a) of
this section.
Dated: October 28, 2008.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E8-26669 Filed 11-7-08; 8:45 am]
BILLING CODE 4910-15-P
