Drawbridge Operation Regulations; Harlem River, New York City, NY, 40234-40237 [2011-17115]
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Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations
TABLE TWO
Vessel
Number
Masthead
lights,
distance to
stbd of keel
in meters;
Rule 21(a)
*
USS PITTSBURG ..........................
*
SSN 720
*
0.41
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[FR Doc. 2011–17150 Filed 7–7–11; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0509]
RIN 1625–AA09
Drawbridge Operation Regulations;
Harlem River, New York City, NY
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the drawbridge
operating regulations governing the
operation of the 103rd Street (Wards
Island) Pedestrian Bridge at mile 0.0,
across the Harlem River at New York
City, New York. This interim rule is
necessary to facilitate the completion of
a major bridge rehabilitation project at
the 103rd Street (Wards Island)
Pedestrian Bridge while soliciting
comments from the public.
DATES: This rule is effective in the CFR
from July 8, 2011 through September 30,
2011. This rule is effective with actual
notice for purposes of enforcement on
July 9, 2011 and is effective through
September 30, 2011. Comments and
related material must reach the Coast
Guard on or before August 8, 2011.
ADDRESSES: You may submit comments
identified by Coast Guard docket
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Forward
anchor light,
number of;
Rule 30(a)
(i)
Aft anchor
light,
distance
below flight
dk in meters; Rule
21(e), Rule
30(a)(ii)
Aft anchor
light,
number of;
Rule
30(a)(ii)
Side lights,
distance
below flight
dk in
meters;
§ 2(g),
Annex I
Side lights,
distance forward of
forward
masthead
light in meters;
§ 3(b),
Annex I
Side lights,
distance inboard of
ship’s sides
in meters;
§ 3(b),
Annex I
....................
*
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*
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....................
*
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*
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Approved: June 29, 2011.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate, General (Admiralty
and Maritime Law.
Dated: July 1, 2011.
D.J. Werner,
Lieutenant Commander, Office of the Judge
Advocate General, U.S. Navy, Alternate
Federal Register Liaison Officer.
SUMMARY:
Forward
anchor light,
distance
below flight
dk in
meters;
§ 2(K),
Annex I
*
*
number USCG–2011–0509 using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) 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.
(4) 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.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Mr. Gary Kassof,
Project Officer, First Coast Guard
District, (212) 668–7165,
Gary.kassof@uscg.mil. 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.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0509),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
suggestion or recommendation. You
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may submit your comments and
material online, or by fax, mail or hand
delivery, but please use only one of
these means. If you submit a comment
online via https://www.regulations.gov, it
will be considered received by the Coast
Guard when you successfully transmit
the comment. If you fax, hand delivery,
or mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a 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.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2011–0509’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand 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 and may change
this rule based on your comments.
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, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0509’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
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Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
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).
wreier-aviles on DSKGBLS3C1PROD with RULES
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before August 8, 2011
using one of the four methods specified
under ADDRESSES. Please explain 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.
Regulatory Information
The Coast Guard is issuing this
temporary interim rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)).
This provision authorizes an agency
to issue a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule.
The Coast Guard previously issued
two temporary deviations from the
regulation governing the operation of
the 103rd Street (Wards Island)
Pedestrian Bridge to facilitate
completion of a major rehabilitation
project. The first temporary deviation
was effective from January 10, 2011
through April 29, 2011. The second
temporary deviation became effective on
April 30, 2011 and will end on July 8,
2011.
The bridge owner, New York City
Department of Transportation, advised
the Coast Guard on May 27, 2011, that
they recently discovered additional
areas of the bridge that are in need of
repair, and that the rehabilitation
project will not be completed by July 8,
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2011. The rehabilitation repairs must be
completed before the bridge will be able
to open again for the passage of vessel
traffic.
It is impractical to issue a NPRM and
take public comment before the current
temporary deviation expires on July 8,
2011.
We are requesting public comment on
the temporary change to the regulation
governing the operation of the 103rd
Street (Wards Island) Pedestrian Bridge.
If we receive public input that indicates
a need to revise the temporary change
to the drawbridge’s operating regulation,
or the conditions it imposes, or raises
any other significant public concerns,
we will address those concerns prior to
issuing any final rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard also finds good cause exists, for
the same reasons discussed above, for
making this rule effective less than 30
days after publication in the Federal
Register.
Basis and Purpose
The 103rd Street (Wards Island)
Pedestrian Bridge, across the Harlem
River, mile 0.0, at New York City, New
York, has a vertical clearance in the
closed position of 55 feet at mean high
water and 60 feet at mean low water.
Most vessel traffic that uses this
waterway can fit under the draw
without requiring bridge openings. The
drawbridge operation regulations are
listed at 33 CFR 117.789(b)(1).
The bridge has remained in the closed
position since January 10, 2011, in order
to complete its rehabilitation. The
owner of the bridge, New York City
Department of Transportation, has
requested an extension of the bridge
closure to complete unforeseen
additional repairs.
The Coast Guard published a
temporary deviation from the regulation
governing the operation of the 103rd
Street (Wards Island) Pedestrian Bridge
on January 20, 2011, (76 FR 3516),
authorizing the bridge to remain in the
closed position effective from January
10, 2011 through April 29, 2011. The
bridge owner requested a second
temporary deviation on March 21, 2011,
to complete the rehabilitation repairs at
the bridge. As a result, the Coast Guard
published a second temporary deviation
on April 11, 2011, (76 FR 19910),
effective from April 30, 2011 through
July 8, 2011.
On May 27, 2011, the bridge owner
requested an extension of the bridge
closure through September 30, 2011.
They advised the Coast Guard that work
would not be completed before the
second temporary deviation ended on
July 8, 2011, because the bridge owner
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40235
recently discovered additional areas of
the bridge that are in need of repair.
Because the requested extension of
the bridge closure would exceed 180
days, we are issuing a temporary interim
rule requesting public comment in order
to both facilitate completion of the
bridge rehabilitation and to have the
public participate in the rulemaking
process.
Under this temporary interim rule, the
103rd Street (Wards Island) Pedestrian
Bridge may remain in the closed
position from July 9, 2011 through
September 30, 2011.
Discussion of Rule
The Coast Guard is temporarily
changing the drawbridge operation
regulations listed at 33 CFR
117.789(b)(1).
This temporary interim rule for the
103rd Street (Wards Island) Pedestrian
Bridge will allow the bridge to remain
in the closed position from July 9, 2011
through September 30, 2011, to facilitate
completion of bridge rehabilitation
repairs.
Regulatory Analysis
We developed this interim 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 rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The Coast Guard determined that this
rule is not a significant regulatory action
for the following reasons. The bridge
presently can’t open for vessel traffic
due to the fact that rehabilitation repairs
have not been completed. This action
will facilitate completion of the bridge
repairs. Most vessel traffic that uses this
waterway can fit under the draw
without requiring bridge openings.
Vessels that cannot pass under the
closed draw may take an alternate route
on the Hudson River.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will have a significant
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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 rule
will not have a significant economic
impact on a substantial number of small
entities. This rule will affect the
following entities, some of which may
be small entities: The owners or
operators of vessels intending to transit
the bridge.
This action will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. The bridge presently
cannot open for the passage of vessel
traffic because the rehabilitation repairs
are not completed. This action will
facilitate completion of the bridge
repairs. Most vessel traffic that uses this
waterway can fit under the draw
without requiring bridge openings.
Vessels that cannot pass under the
closed draw may take an alternate route
using the Hudson River.
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.
wreier-aviles on DSKGBLS3C1PROD with RULES
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we offer to assist small entities in
understanding the temporary interim
rule so that they can better evaluate its
effects on them and participate in the
rulemaking. Small businesses may send
comments on the actions of Federal
employees who enforce, or otherwise
determine compliance with, Federal
regulations to the Small Business and
Agriculture Regulatory Enforcement
Ombudsman and the Regional Small
Business Regulatory Fairness Boards.
The Ombudsman evaluates these
actions annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). 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.
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Collection of Information
This rule calls 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 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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause 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 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 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
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responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this 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
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 rule.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
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Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations
List of Subjects in 33 CFR Part 117
DEPARTMENT OF HOMELAND
SECURITY
Bridges.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 117 as follows:
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0594]
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
Drawbridge Operation Regulation;
Illinois Waterway, Near Morris, IL
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. In § 117.789, paragraph (b)(1) is
temporarily suspended from July 9,
2011 through September 30, 2011, and
paragraph (b)(3) is temporarily added
from July 9, 2011 through September 30,
2011, to read as follows:
Harlem River.
*
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(b)(3) The draws of the bridges at 103
Street, mile 0.0, need not open for the
passage of vessel traffic from July 9,
2011, through September 30, 2011. The
draws of the 125 Street (Triborough)
bridge, mile 1.3, the Willis Avenue
Bridge, mile 1.9, the Madison Avenue
Bridge, mile 2.3, the 145 Street Bridge,
mile 2.8, the Macombs Dam Bridge, mile
3.2, the 207 Street Bridge, 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 and
the Triborough Bridge and Tunnel
Authority (TBTA) for the 125 Street
(Triborough) Bridge at mile 1.3. The
draws of the above bridges, except the
Broadway Bridge, 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 Federal holidays.
The draw of the Broadway Bridge need
not open for the passage of vessel traffic
from 7 a.m. to 10 a.m. and 4 p.m. to 7
p.m., Monday through Friday, except
Federal holidays.
*
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Dated: June 22, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2011–17115 Filed 7–7–11; 8:45 am]
BILLING CODE 9110–04–P
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ACTION:
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Elgin,
Joliet, and Eastern Railroad Drawbridge
across the Illinois Waterway, mile 270.6,
near Morris, Illinois. The deviation is
necessary to allow removal of the
existing lift span and installation of the
replacement lift span. This deviation
allows the bridge to be maintained in
the closed-to-navigation position for
eighty-four hours.
DATES: This deviation is effective
starting 7 a.m. on July 9, 2011 through
7 p.m. on July 12, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0594 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0594 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast
Guard; telephone (314) 269–2378, email Eric.Washburn@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The
Canadian National Railroad requested a
temporary deviation for Elgin, Joliet,
and Eastern Railroad Drawbridge, across
the Illinois Waterway, mile 270.6, near
Morris, Illinois to remain in the closedto-navigation position for eighty-four
hours while the existing lift span is
removed and the replacement lift span
is installed. The Elgin, Joliet, and
Eastern Railroad Drawbridge currently
operates in accordance with 33 CFR
SUMMARY:
■
§ 117.789
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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40237
117.5, which states the general
requirement that drawbridges shall open
promptly and fully for the passage of
vessels when a request to open is given
in accordance with the subpart.
There are no alternate routes for
vessels transiting this section of the
Illinois Waterway.
The Elgin, Joliet, and Eastern Railroad
Drawbridge, in the closed-to-navigation
position, provides a vertical clearance of
26.3 feet above flat pool. Due to
construction activities, vessels will be
unable to pass the bridge site during this
84-hour period. Navigation on the
waterway consists primarily of
commercial tows and recreational
watercraft. This temporary deviation has
been coordinated with waterway users.
No objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: June 22, 2011.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2011–17111 Filed 7–7–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0601; FRL–9223–4]
Approval and Disapproval and
Promulgation of Air Quality
Implementation Plans; Montana;
Revisions to the Administrative Rules
of Montana—Air Quality, Subchapter 7
and Other Subchapters
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is partially approving
and partially disapproving State
Implementation Plan (SIP) revisions
submitted by the State of Montana on
August 26, 1999, May 28, 2003, March
9, 2004, October 25, 2005, and October
16, 2006. The revisions contain new,
amended, and repealed rules in
Subchapter 7 (Permit, Construction, and
Operation of Air Contaminant Sources)
that pertain to the issuance of Montana
air quality permits, in addition to other
minor administrative changes to other
subchapters of the Administrative Rules
of Montana (ARM). In this action, EPA
is approving those portions of the rules
that are approvable and disapproving
those portions of the rules that are
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Rules and Regulations]
[Pages 40234-40237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17115]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2011-0509]
RIN 1625-AA09
Drawbridge Operation Regulations; Harlem River, New York City, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
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SUMMARY: The Coast Guard is temporarily changing the drawbridge
operating regulations governing the operation of the 103rd Street
(Wards Island) Pedestrian Bridge at mile 0.0, across the Harlem River
at New York City, New York. This interim rule is necessary to
facilitate the completion of a major bridge rehabilitation project at
the 103rd Street (Wards Island) Pedestrian Bridge while soliciting
comments from the public.
DATES: This rule is effective in the CFR from July 8, 2011 through
September 30, 2011. This rule is effective with actual notice for
purposes of enforcement on July 9, 2011 and is effective through
September 30, 2011. Comments and related material must reach the Coast
Guard on or before August 8, 2011.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2011-0509 using any one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
(2) Fax: 202-493-2251.
(3) 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.
(4) 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.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. Gary Kassof, Project Officer, First Coast
Guard District, (212) 668-7165, Gary.kassof@uscg.mil. 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 http:[sol][sol]www.regulations.gov and will include
any personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0509), indicate the specific section of this
document to which each comment applies, and give the reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. If you submit a comment online via
http:[sol][sol]www.regulations.gov, it will be considered received by
the Coast Guard when you successfully transmit the comment. If you fax,
hand delivery, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
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.
To submit your comment online, go to
http:[sol][sol]www.regulations.gov, click on the ``submit a comment''
box, which will then become highlighted in blue. In the ``Document
Type'' drop down menu select ``Proposed Rules'' and insert ``USCG-2011-
0509'' in the ``Keyword'' box. Click ``Search'' then click on the
balloon shape in the ``Actions'' column. If you submit your comments by
mail or hand 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 and may change this rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to
http:[sol][sol]www.regulations.gov, click on the ``read comments'' box,
which will then become highlighted in blue. In the ``Keyword'' box
insert ``USCG-2011-0509'' and click ``Search.'' Click the ``Open Docket
Folder'' in the ``Actions'' column. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200
[[Page 40235]]
New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
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 on or before August 8, 2011 using one of the four
methods specified under ADDRESSES. Please explain 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.
Regulatory Information
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)).
This provision authorizes an agency to issue a rule without prior
notice and opportunity to comment when the agency for good cause finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule.
The Coast Guard previously issued two temporary deviations from the
regulation governing the operation of the 103rd Street (Wards Island)
Pedestrian Bridge to facilitate completion of a major rehabilitation
project. The first temporary deviation was effective from January 10,
2011 through April 29, 2011. The second temporary deviation became
effective on April 30, 2011 and will end on July 8, 2011.
The bridge owner, New York City Department of Transportation,
advised the Coast Guard on May 27, 2011, that they recently discovered
additional areas of the bridge that are in need of repair, and that the
rehabilitation project will not be completed by July 8, 2011. The
rehabilitation repairs must be completed before the bridge will be able
to open again for the passage of vessel traffic.
It is impractical to issue a NPRM and take public comment before
the current temporary deviation expires on July 8, 2011.
We are requesting public comment on the temporary change to the
regulation governing the operation of the 103rd Street (Wards Island)
Pedestrian Bridge. If we receive public input that indicates a need to
revise the temporary change to the drawbridge's operating regulation,
or the conditions it imposes, or raises any other significant public
concerns, we will address those concerns prior to issuing any final
rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard also finds good cause
exists, for the same reasons discussed above, for making this rule
effective less than 30 days after publication in the Federal Register.
Basis and Purpose
The 103rd Street (Wards Island) Pedestrian Bridge, across the
Harlem River, mile 0.0, at New York City, New York, has a vertical
clearance in the closed position of 55 feet at mean high water and 60
feet at mean low water. Most vessel traffic that uses this waterway can
fit under the draw without requiring bridge openings. The drawbridge
operation regulations are listed at 33 CFR 117.789(b)(1).
The bridge has remained in the closed position since January 10,
2011, in order to complete its rehabilitation. The owner of the bridge,
New York City Department of Transportation, has requested an extension
of the bridge closure to complete unforeseen additional repairs.
The Coast Guard published a temporary deviation from the regulation
governing the operation of the 103rd Street (Wards Island) Pedestrian
Bridge on January 20, 2011, (76 FR 3516), authorizing the bridge to
remain in the closed position effective from January 10, 2011 through
April 29, 2011. The bridge owner requested a second temporary deviation
on March 21, 2011, to complete the rehabilitation repairs at the
bridge. As a result, the Coast Guard published a second temporary
deviation on April 11, 2011, (76 FR 19910), effective from April 30,
2011 through July 8, 2011.
On May 27, 2011, the bridge owner requested an extension of the
bridge closure through September 30, 2011. They advised the Coast Guard
that work would not be completed before the second temporary deviation
ended on July 8, 2011, because the bridge owner recently discovered
additional areas of the bridge that are in need of repair.
Because the requested extension of the bridge closure would exceed
180 days, we are issuing a temporary interim rule requesting public
comment in order to both facilitate completion of the bridge
rehabilitation and to have the public participate in the rulemaking
process.
Under this temporary interim rule, the 103rd Street (Wards Island)
Pedestrian Bridge may remain in the closed position from July 9, 2011
through September 30, 2011.
Discussion of Rule
The Coast Guard is temporarily changing the drawbridge operation
regulations listed at 33 CFR 117.789(b)(1).
This temporary interim rule for the 103rd Street (Wards Island)
Pedestrian Bridge will allow the bridge to remain in the closed
position from July 9, 2011 through September 30, 2011, to facilitate
completion of bridge rehabilitation repairs.
Regulatory Analysis
We developed this interim 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 rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons. The bridge presently can't
open for vessel traffic due to the fact that rehabilitation repairs
have not been completed. This action will facilitate completion of the
bridge repairs. Most vessel traffic that uses this waterway can fit
under the draw without requiring bridge openings. Vessels that cannot
pass under the closed draw may take an alternate route on the Hudson
River.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant
[[Page 40236]]
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
rule will not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which may be small entities: The owners or operators of vessels
intending to transit the bridge.
This action will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
bridge presently cannot open for the passage of vessel traffic because
the rehabilitation repairs are not completed. This action will
facilitate completion of the bridge repairs. Most vessel traffic that
uses this waterway can fit under the draw without requiring bridge
openings. Vessels that cannot pass under the closed draw may take an
alternate route using the Hudson River.
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 (Public Law 104-121), we offer to assist small
entities in understanding the temporary interim rule so that they can
better evaluate its effects on them and participate in the rulemaking.
Small businesses may send comments on the actions of Federal employees
who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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 rule calls 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 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause 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 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 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.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 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 rule.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
[[Page 40237]]
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. In Sec. 117.789, paragraph (b)(1) is temporarily suspended from
July 9, 2011 through September 30, 2011, and paragraph (b)(3) is
temporarily added from July 9, 2011 through September 30, 2011, to read
as follows:
Sec. 117.789 Harlem River.
* * * * *
(b)(3) The draws of the bridges at 103 Street, mile 0.0, need not
open for the passage of vessel traffic from July 9, 2011, through
September 30, 2011. The draws of the 125 Street (Triborough) bridge,
mile 1.3, the Willis Avenue Bridge, mile 1.9, the Madison Avenue
Bridge, mile 2.3, the 145 Street Bridge, mile 2.8, the Macombs Dam
Bridge, mile 3.2, the 207 Street Bridge, 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 and
the Triborough Bridge and Tunnel Authority (TBTA) for the 125 Street
(Triborough) Bridge at mile 1.3. The draws of the above bridges, except
the Broadway Bridge, 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 Federal holidays. The draw of the Broadway Bridge need not open
for the passage of vessel traffic from 7 a.m. to 10 a.m. and 4 p.m. to
7 p.m., Monday through Friday, except Federal holidays.
* * * * *
Dated: June 22, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-17115 Filed 7-7-11; 8:45 am]
BILLING CODE 9110-04-P
