

[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Rules and Regulations]               
[Page 61057-61058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc07-6]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-07-130]
RIN 1625-AA09

 
Drawbridge Operation Regulations; Gowanus Canal, Brooklyn, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard has temporarily changed the drawbridge 
operating regulations governing the operation of the Hamilton Avenue 
Bridge, mile 1.2, across the Gowanus Canal at Brooklyn, New York. This 
final rule allows the bridge owner to require a four-hour notice for 
bridge openings from November 5, 2007 to January 15, 2009. This rule is 
necessary to facilitate rehabilitation construction at the bridge.

DATES: This temporary rule suspending Sec.  117.787 and adding Sec.  
117.788 is effective from November 5, 2007 to January 15, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-07-130) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, 408 
Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer, 
First Coast Guard District, (212) 668-7195.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 18, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations''; Gowanus Canal, 
New York, in the Federal Register (72 FR 53202). We received no 
comments in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    The bridge repairs scheduled to begin on November 5, 2007, are 
necessary repairs that must be performed with all due speed to assure 
the continued safe and reliable operation of the bridge. Any delay in 
making this rule effective would not be in the best interest of public 
safety and the marine interests that use the Gowanus Canal. We received 
no comments on the published NPRM, which included the effective period 
for comment, indicating a need to delay the effective date of this 
temporary final rule.

Background and Purpose

    The Hamilton Avenue Bridge has a vertical clearance of 19 feet at 
mean high water, and 23 feet at mean low water in the closed position. 
The existing drawbridge operating regulations listed at 33 CFR 117.5, 
require the bridge to open on signal at all times.
    The bridge owner, New York City Department of Transportation 
(NYCDOT), has requested a temporary rule to facilitate structural, 
electrical and mechanical rehabilitation at the Hamilton Avenue Bridge.
    Under this temporary rule the Hamilton Avenue Bridge would open on 
signal after at least a four-hour advance notice is given by calling 
(201) 400-5243.
    Major rehabilitation bridge repairs have been ongoing at the 
Hamilton Avenue Bridge since March 2007. The bridge owner NYCDOT, 
requested a temporary deviation from the drawbridge operation 
regulations to help facilitate bridge rehabilitation repairs at the 
Hamilton Avenue Bridge.
    As a result of that request the Coast Guard authorized a temporary 
deviation [CGD01-07-026] on March 15, 2007, which required mariners to 
provide a four-hour advance notice for bridge openings from April 6, 
2007 through September 29, 2007.
    On August 7, 2007, the Coast Guard received a second request from 
the bridge owner NYCDOT, to extend the four-hour advance notice 
requirement at the Hamilton Avenue Bridge through January 15, 2009, in 
order to facilitate the remaining rehabilitation bridge repairs.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking and as a result, no changes have been made to this 
temporary final rule.

Regulatory Evaluation

    This 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 conclusion is based on the fact that all vessel traffic will 
still be able to transit through the bridge at all times after 
providing the four-hour advance notice for bridge openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this 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 less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b), that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This conclusion is based on the fact that all vessel traffic will 
still be able to transit through the bridge at all times after 
providing the four-hour advance notice for bridge openings.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    No small entities requested Coast Guard assistance and none was 
given.
    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

[[Page 61058]]

small entities that question or complain about this 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 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 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 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 does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have 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 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 concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation considering that it relates to the 
promulgation of operating regulations or procedures for drawbridges. 
Under figure 2-1, paragraph (32)(e), of the instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons set out in the preamble, the Coast Guard amends 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. From November 5, 2007 to January 15, 2009, suspend Sec.  117.787 and 
add Sec.  117.788 to read as follows:


Sec.  117.788  Gowanus Canal.

    (a) The draws of the Ninth Street Bridge, mile 1.4, the Third 
Street Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and the 
Union Street Bridge, mile 2.1, at Brooklyn, shall open on signal if at 
least a two-hour advance notice is given to the New York City 
Department of Transportation (NYCDOT), Radio Hotline, or the NYCDOT 
Bridge Operations Office.
    (b) The draw of the Hamilton Avenue Bridge, mile 1.2, shall open on 
signal after at least a four-hour advance notice is given by calling 
(201) 400-5243. This paragraph is effective from November 7, 2007 to 
January 15, 2009.

    Dated: October 19, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
 [FR Doc. E7-21237 Filed 10-26-07; 8:45 am]

BILLING CODE 4910-15-P
