[Federal Register: August 23, 2004 (Volume 69, Number 162)]
[Rules and Regulations]
[Page 51767-51769]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au04-4]
[[Page 51767]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-04-111]
RIN 1625-AA00
Safety Zone; Metro North Railroad Bridge Over the Norwalk River,
Norwalk, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters surrounding the Metro North Railroad Bridge over the Norwalk
River, Norwalk, Connecticut. This zone is necessary to protect vessels
that wish to transit past the bridge from construction equipment and
barges, and removal and replacement of the fender system on the
bridge's eastern span. Entry into this zone is prohibited unless
authorized by the Captain of the Port Long Island Sound, New Haven,
Connecticut.
DATES: This rule is effective from 3 p.m. e.d.t. on August 6, 2004
until 11:59 p.m. e.d.t. on October 15, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-04-111 and are available for
inspection or copying at Group/MSO Long Island Sound, New Haven, CT,
between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Waterways
Management Officer, Coast Guard Group/Marine Safety Office Long Island
Sound at (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) the Coast Guard finds that good
cause exists for not publishing an NPRM. Immediate structural repairs
are needed on the Norwalk Metro North Railroad Bridge. The repairs to
the bridge and its fendering system must be accomplished for the safety
of the vessels and persons transiting in the waters of the Norwalk
River under the Metro North Railroad Bridge, Norwalk, Connecticut.
Under 5 U.S.C. 553(d)(3) the Coast Guard finds that good cause exists
for not publishing an NPRM and for making this rule effective less than
30 days after Federal Register publication. Any delay encountered in
this regulation's effective date would be impracticable and contrary to
public interest since immediate action is needed to restrict and
control maritime traffic while transiting in the waters of the Norwalk
River under the Metro North Railroad Bridge, Norwalk, Connecticut. The
fendering system on the eastern span of the Norwalk Metro North
Railroad Bridge is seriously dilapidated. This condition of the
fendering system was determined during recent emergency fendering work
in the western channel due to an allision in April 2004, which
destroyed the fendering system. The Coast Guard was only notified of
the time frame to conduct these repairs on July 30, 2004 by Connecticut
Department of Transportation. The delay inherent in the NPRM process is
contrary to the public interest and impracticable, as immediate action
is needed to close the waterway to prevent vessels from transiting in
the eastern channel during construction, which will completely remove
and replace the current fendering system. While the bridge has been
determined to be safe for rail traffic, the disrepair of a fender
system that is designed to protect bridge piers from direct allision
leaves the bridge piers exposed to the possibility of direct damage. In
addition, at times during this construction, the bridge will be lacking
a fendering system, and there will be exposed pilings of the new
fendering system in the waterway.
Background and Purpose
While conducting repairs on the bridge fender system under the
western span of the bridge, workers determined that the fendering
system under the bridge in the eastern channel is seriously dilapidated
and in need of replacement. While the bridge has been determined to be
safe for rail traffic, the disrepair of a fender system that is
designed to protect bridge piers from direct allision leaves the bridge
piers exposed to the possibility of direct damage and thus poses
serious potential dangers and hazards if not rectified immediately.
Further damage to the bridge piers could impede rail traffic, and put
the safety of the bridge and the public utilizing the rail service at
risk. In addition, at times during this construction, the bridge will
be lacking a fendering system, and there will be exposed pilings of the
new fendering system in the waterway.
Currently, contractors are on the western side of the channel
completing repairs from an April 2004 allision that destroyed the
fendering system in the western channel. When repair work on the
western side of the railroad bridge is completed the contractor will
swing its equipment to the east side of the channel and make repairs to
the fender system on the eastern side of the railroad bridge.
The Coast Guard is establishing a safety zone in all waters of the
Norwalk River in Norwalk, Connecticut, within 100 yards of the Metro
North Railroad Bridge. This safety zone is necessary to protect the
safety of the bridge, those persons conducting bridge repair operations
and the public using the Metro North Railroad, from further allisions
with the bridge piers as well as commercial and recreational vessels.
It is also necessary to prevent vessels from colliding with exposed
steel pilings that are part of the fender system being constructed.
Discussion of Rule
This regulation establishes a temporary safety zone on the waters
of the Norwalk River within 100 yards of the Metro North Railroad
Bridge, Norwalk, Connecticut. This action is intended to prohibit
vessel traffic in a portion of Norwalk River to prevent damage to the
Metro North Railroad Bridge that may be caused due to lack of a fender
system around bridge piers of the eastern span of the Bridge. The
safety zone is in effect from 3 p.m. on August 6, 2004, until 11:59
p.m. on October 15, 2004. Marine traffic may transit safely outside of
the safety zone during the effective dates of the safety zone, allowing
navigation of the rest of the Norwalk River except for the portion
proscribed by this rule. In addition, recreational vessels may pass on
the west side of the channel and commercial vessels may request
permission to transit the area from the Captain of the Port, Long
Island Sound. Other entry into this zone is prohibited unless
authorized by the Captain of the Port, Long Island Sound.
Any violation of the safety zone described herein is punishable by,
among others, civil and criminal penalties, in rem liability against
the offending vessel, and license sanctions.
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We expect the economic impact of this rule will be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of
[[Page 51768]]
DHS is unnecessary. This regulation may have some impact on the public,
but the potential impact will be minimized for the following reasons:
the safety zone is only for a temporary period, vessels may transit
safely in all areas of the Norwalk River other than the area of the
safety zone, recreational vessels may pass on the east side of the
channel, and commercial vessels may request permission to transit the
area from the Captain of the Port, Long Island Sound.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 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 may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in those portions of the Norwalk River covered by the
safety zone for the specified time period. For the reasons outlined in
the Regulatory Evaluation section above, this rule will not have a
significant impact on a substantial number of small entities.
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 subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Public Law 104-121), the Coast Guard
wants to assist small entities in understanding this rule so that they
can better evaluate its effects on them and participate in the
rulemaking. If this rule will affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please call Lieutenant A. Logman,
Waterways Management Officer, Group/Marine Safety Office Long Island
Sound, at (203) 468-4429.
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).
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 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 will not concern an
environmental risk to health or risk to safety that may
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 will 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this rule might impact tribal governments, even if
that impact may not constitute a ``tribal implication'' under the
Order.
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
[[Page 51769]]
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 34(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T01-111 to read as follows:
Sec. 165.T01-111 Safety Zone: Metro North Railroad Bridge over the
Norwalk River, Norwalk, Connecticut.
(a) Location. The following area is a safety zone: All waters of
the Norwalk River, Norwalk, Connecticut, within 100 yards of the Metro
North Railroad Bridge.
(b) Effective date. This section is effective from 3 p.m. EDT on
August 6, 2004 until 11:59 p.m. EDT on October 15, 2004.
(c) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port (COTP), Long
Island Sound.
(d) Authorizations: Recreational vessels are authorized to pass
under the bridge's west span. All commercial vessels may pass under the
bridge's west span upon the request and authorization by the Captain of
the Port, Long Island Sound.
(e) Compliance. All persons and vessels shall comply with the
instructions of the COTP, or the designated on-scene U.S. Coast Guard
representative. Designated on-scene U.S. Coast Guard representatives
include commissioned, warrant, and petty officers of the Coast Guard on
board Coast Guard, Coast Guard Auxiliary, and local, state, and federal
law enforcement vessels.
Dated: August 6, 2004.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 04-19280 Filed 8-20-04; 8:45 am]
BILLING CODE 4910-15-P