Drawbridge Operation Regulation; Harlem River, Between the Boroughs of Manhattan and the Bronx, New York City, New York

Issuing agencies

Abstract

The Coast Guard proposes to temporarily modify the operating regulation that governs the Macombs Dam Bridge across the Harlem River, mile 3.2, between the Boroughs of Manhattan and the Bronx, New York City, New York. The bridge owner, New York City Department of Transportation (NYCDOT), submitted a request on August 31, 2026, to allow the bridge to remain in the closed position from February 1, 2027, through November 30, 2027, and facilitate rehabilitation of the bridge structure. We invite your comments on this proposed rulemaking.

Full Text

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<title>Federal Register, Volume 91 Issue 214 (Friday, November 6, 2026)</title>
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[Federal Register Volume 91, Number 214 (Friday, November 6, 2026)]
[Proposed Rules]
[Pages 70039-70041]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22734]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2026-1338]
RIN 1625-AA09


Drawbridge Operation Regulation; Harlem River, Between the 
Boroughs of Manhattan and the Bronx, New York City, New York

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily modify the operating 
regulation that governs the Macombs Dam Bridge across the Harlem River, 
mile 3.2, between the Boroughs of Manhattan and the Bronx, New York 
City, New York. The bridge owner, New York City Department of 
Transportation (NYCDOT), submitted a request on August 31, 2026, to 
allow the bridge to remain in the closed position from February 1, 
2027, through November 30, 2027, and facilitate rehabilitation of the 
bridge structure. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 7, 2026.
    The Coast Guard anticipates that this proposed rule will be 
effective from 12:01 a.m. on February 1, 2027, through 11:59 p.m. on 
November 30, 2027.

ADDRESSES:  You may submit comments identified by docket number USCG-
2026-1338 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in 
this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Donna D. Leoce, Northeast Coast Guard District, 
Bridge Management Specialist, telephone number (571) 613-2415, email 
<a href="/cdn-cgi/l/email-protection#51153e3f3f307f157f1d343e323411242232367f3c383d"><span class="__cf_email__" data-cfemail="3672595858571872187a535955537643455551185b5f5a">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

[[Page 70040]]

NYCDOT New York City Department of Transportation

II. Background, Purpose and Legal Basis

    The Macombs Dam Bridge across the Harlem River, between the 
Boroughs of the Bronx and Manhattan, New York, at mile 3.2, owned and 
operated by NYCDOT, has a vertical clearance of 28.2 feet above mean 
high water when closed, unlimited when open, and a horizontal clearance 
of 164 feet. The proposed temporary regulation will allow the bridge to 
remain in the closed position from 12:01 a.m. February 1, 2027, through 
11:59 p.m. November 30, 2027. The modification of the bridge schedule 
will allow NYCDOT to perform necessary rehabilitation to the structure 
of the 131-year-old bridge to ensure its safety.
    Commercial vessels, including small passenger vessels and marine 
construction support vessels, and recreational vessels transit the 
Harlem River in the vicinity of the bridge. Under this proposed rule, 
commercial and recreational vessels that regularly use the Harlem River 
can still transit under the bridge in the closed position. Vessels 
requiring higher vertical clearance can also access the Harlem River 
through the waterway's confluences with the East River to the east and 
the Hudson River to the west. NYCDOT briefed their proposed 
modification of the bridge's operating schedule to the Port of New York 
and New Jersey Harbor Safety, Navigation, and Operations Committee. 
This committee, comprised of representatives of major segments of 
waterway users, did not object to NYCDOT's proposal.
    The existing operating schedule is listed in 33 CFR 117.789(b)(1). 
Currently, the Macombs Dam Bridge opens on signal with at least a four-
hour advance notice and does not need to 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.
    NYCDOT requests a modification of 33 CFR 117.789(b)(1) to allow the 
bridge to remain in the closed position from February 1, 2027, through 
November 30, 2027, while a work platform system is in place under the 
bridge deck to perform necessary structural rehabilitation. The work 
platform will reduce the vertical clearance of the bridge to no less 
than 24.5 feet above Mean High Water in the closed position. The 
platform will not obstruct the operation of the bridge's navigation 
lights.

III. Discussion of Proposed Rule

    We propose to temporarily modify the drawbridge operating schedule 
in 33 CFR 117.789(b)(1) for the Macombs Dam Bridge, at mile 3.2. The 
proposed rule would allow the bridge to remain in the closed position 
from February 1, 2027, through November 30, 2027, while a work platform 
system is in place under the bridge deck to perform necessary 
structural rehabilitation. Commercial and recreational vessels that 
regularly use the Harlem River can still transit under the bridge given 
in the closed position. Vessels requiring higher vertical clearance can 
also access the Harlem River through the waterway's confluences with 
the East River to the east and the Hudson River to the west.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders.

A. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons. 
Commercial and recreational vessels that regularly use the Harlem River 
can still transit under the bridge given in the closed position. 
Vessels requiring higher vertical clearance can also access the Harlem 
River through the waterway's confluences with the East River to the 
east and the Hudson River to the west.
    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.
    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. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section. 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.

B. 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.).

C. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

D. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

E. Environment

    We have analyzed this rule under Department of Homeland Security

[[Page 70041]]

Management Directive 023-01, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series), which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under paragraph 
L49, of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type 
USCG-2026-1338 in the search box and click ``Search.'' Next, look for 
this document in the Search Results column, and click on it. Then click 
on the Comment option. If your material cannot be submitted using 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked 
Questions web page. Also, if you go to the online docket and sign up 
for email alerts through the ``Subscribe'' option, you will be notified 
when comments/updates are posted, or a final rule is published.
    Personal information. We accept anonymous comments. Comments we 
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal 
information you have provided. For more about privacy and submissions 
in response to this document, see DHS's eRulemaking System of Records 
notice (85 FR 14226, March 11, 2020).

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

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No. 
00170.1. Revision No. 1.04.

0
 2. Revise Sec.  117.789 by adding paragraph (e) to read as follows:


Sec.  117.789  Harlem River

* * * * *
    (e) The draw of the Macombs Dam Bridge, mile 3.2, need not open for 
the passage of vessels from 12:01 a.m. on February 1, 2027, through 
11:59 p.m. on November 30, 2027.

Matthew Lake,
Rear Admiral (lower half), U.S. Coast Guard, Commander, Northeast Coast 
Guard District.
[FR Doc. 2026-22734 Filed 11-5-26; 8:45 am]
BILLING CODE 9110-04-P


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