[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)] [Rules and Regulations] [Pages 54384-54385] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-27707] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 117 [CGD01-97-018] RIN 2115-AE47 Drawbridge Operation Regulations; Bronx River, NY AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is changing the regulations governing the Bruckner Boulevard Bridge, over the Bronx River in the Bronx, New York. In addition, the location of the bridge in this section will be more clearly identified and redundant language regarding openings for public vessels and vessels in distress is removed. The owner of the bridge has requested that a 4 hours notice for openings be provided, except between 7 a.m. and 9 a.m. and 4 p.m. and 6 p.m., Monday through Friday, when the bridge need not open for the passage of vessels. This change is expected to provide for the needs of navigation and relieve the bridge owner of the burden of crewing the bridge at all times. DATES: This final rule is effective November 19, 1997. FOR FURTHER INFORMATION CONTACT: Mr. J. Arca, project officer, First Coast Guard District, Bridge Branch at the Battery Park Bldg., New York, New York 10004. The telephone number is (212) 668-7069. SUPPLEMENTARY INFORMATION: Regulatory History On April 30, 1997, the Coast Guard published a notice of proposed rulemaking entitled ``Drawbridge Operation Regulations; Bronx River, New York'' in the Federal Register (62 FR 23410). The Coast Guard received two comments on the notice of proposed rulemaking. No public hearing was requested, and one was not held. Background and Purpose The Bruckner Boulevard Bridge, at mile 1.1, over the Bronx River in the Bronx, New York, has vertical clearances of 27' above mean high water (MHW) and 34' above mean low water (MLW) in the closed position. The [[Page 54385]] existing rules at 33 CFR part 117.771(a) require the Bruckner Boulevard Bridge to open on signal, except during designated rush hour periods. On September 27, 1988, the Coast Guard approved plans for the rehabilitation of the bridge. To facilitate the work, a temporary final rule (54 FR 18281, April 28, 1989) was approved, permitting the bridge to remain closed for 36 months from April 9, 1989, through April 9, 1992. Prior to the rehabilitation of the bridge, there were three openings recorded in 1988. Since the rehabilitation was completed in 1992, there have been no requests for openings. Discussion of Comments and Changes Two comments were received in response to the notice of proposed rulemaking. Both offered no objection. Regulatory Evaluation This rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. It has not been reviewed by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This conclusion is based on the fact that this rule will not prevent mariners from passing through the bridge as long as they provide four hours advance notice. This rule will not prevent mariners from passing through the Bruckner Boulevard Bridge so long as they provide advance notice. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this rule will have a significant economic impact on a substantial number of small entities. Small entities include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdiction with populations of less than 50,000. For the reasons discussed in the Regulatory Evaluation above, the Coast Guard has determined that this rule will not have a significant economic impact on a substantial number of small entities. Collection of Information This final rule does not provide for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Federalism The Coast Guard has analyzed this rule in accordance with the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Environment The Coast Guard considered the environmental impact of this rule and concluded that, under section 2.B.2.e.(32)(e) of Commandant Instruction M16475.1B, (as revised by 60 FR 32197, June 20, 1995), this rule promulgates operating regulations for drawbridges and is categorically excluded from further environmental documentation. List of Subjects in 33 CFR Part 117 Bridges. Regulation For the reasons set out in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117--[AMENDED] 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039. 2. Section 117.771 is revised to read as follows: Sec. 117.771 Bronx River. (a) The draw of the Bruckner Boulevard Bridge, mile 1.1, at the Bronx, New York, shall open on signal if at least 4 hours notice is given to the New York City Department of Transportation (NYCDOT) Radio Hotline, or NYCDOT Bridge Operations office, except that between 7 a.m. and 9 a.m., and 4 p.m. and 6 p.m. Monday through Friday, the bridge need not be opened for the passage of vessels. (b) The draw of the Conrail Bridge, mile 1.6 at the Bronx, New York, need not be opened for the passage of vessels. (c) The owners of the Bruckner Boulevard Bridge, mile 1.1, and the Conrail Bridge, mile 1.6, both at the Bronx, New York, shall provide and keep in good legible condition two clearance gauges designed, installed and maintained in accordance with the provisions of Sec. 118.160 of this chapter. Dated: September 29, 1997. R.M. Larrabee, Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District. [FR Doc. 97-27707 Filed 10-17-97; 8:45 am] BILLING CODE 4910-14-M