[Federal Register: October 26, 2004 (Volume 69, Number 206)]
[Rules and Regulations]
[Page 62408-62411]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc04-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-04-078]
RIN 1625-AA00
Safety Zone; Wantagh Parkway 3 Bridge Over the Sloop Channel,
Town of Hempstead, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters surrounding the Wantagh Parkway Number 3 Bridge across the Sloop
Channel in the Town of Hempstead, New York. This zone is
[[Page 62409]]
necessary to protect vessels transiting in the area from hazards
imposed by construction barges and equipment. The barges and equipment
are being utilized to construct a new bascule bridge over the Sloop
Channel. 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 12:01 a.m. on October 9, 2004, until
11:59 p.m. on December 31, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-04-078 and will be 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. Good cause exists for not publishing an NPRM and for making
this regulation effective less than 30 days after Federal Register
publication. Immediate action is needed to restrict and control
maritime traffic transiting in the vicinity of the Sloop Channel under
the Wantagh Parkway Number 3 Bridge in the Town of Hempstead, Nassau
County, Long Island, New York. In 2003, the Coast Guard approved bridge
construction and issued a permit for bridge construction for the
Wantagh Parkway Number 3 Bridge over the Sloop Channel. Contractors
began work constructing the two bascule piers for the new bridge in
early June. A safety zone was not deemed necessary at the inception of
the construction, as this channel is primarily used by smaller
recreational vessels, which could maneuver outside of the channel.
However, bridge construction equipment, now remaining under the Wantagh
Parkway Number 3 Bridge poses a potential hazard wherein a safety zone
is immediately required.
The delay inherent in the NPRM process is contrary to the public
interest and impracticable, as immediate action is needed to prevent
accident by vessels transiting the area with the construction
equipment.
Background and Purpose
Currently, there is a fixed bridge over the Wantagh Parkway Number
3 Bridge over the Sloop Channel in the Town of Hempstead, New York. New
York Department of Transportation determined that a moveable bridge
would benefit the boating community. In 2003, the Coast Guard approved
bridge construction and issued a permit for bridge construction for the
Wantagh Parkway Number 3 Bridge over the Sloop Channel. Contractors
began work constructing the two-bascule piers for the new bridge in
early June 2004. Construction is expected to take until at least
December 31, 2004. The equipment necessary for the construction of the
bridge occupies the entire navigable channel. While there are side
channels which can be navigated, the equipment in the channel is
extensive and poses a hazard to recreational vessels attempting to
transit the waterway via the side channels under the bridge.
To ensure the safety of the boating community, the Coast Guard is
establishing a safety zone in all waters of the Sloop Channel within
300 yards of the bridge. This safety zone is necessary to protect the
safety of the boating community who wish to utilize the Sloop Channel.
Discussion of Rule
This regulation establishes a temporary safety zone on the waters
of the Sloop Channel within 300-yards of the Wantagh Parkway Bridge.
This action is intended to prohibit vessel traffic in a portion of the
Sloop Channel in the Town of Hempstead, New York to provide for the
safety of the boating community due to the hazards posed by significant
construction equipment located in the waterway for the construction of
a new bascule bridge. The safety zone is in effect from 12:01 a.m. on
October 8, 2004, until 11:59 p.m. on December 31, 2004. Marine traffic
may transit safely outside of the safety zone during the effective
dates of the safety zone, allowing navigation in the Sloop Channel,
except the portion delineated by this rule. Vessels may utilize the
Goose Neck Channel in order to transit to those areas accessible by
Sloop Channel. 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 DHS is unnecessary. This regulation may have some
impact on the public, but the potential impact will be minimized for
the following reasons: vessels may transit in all areas of the Sloop
Channel other than the area of the safety zone, and may utilize other
routes with minimal increased transit time.
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 Sloop Channel in the Town of
Hempstead, New York covered by the safety zone. 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 [Pub. L. 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
[[Page 62410]]
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination is
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. From 12:01 a.m. October 9, 2004 to 11:59 p.m. on December 31, 2004
add temporary Sec. 165.T01-078 to read as follows:
Sec. 165.T01-078 Safety Zone: Wantagh Parkway Number 3 Bridge over
the Sloop Channel, Town of Hempstead, NY.
(a) Location. The following area is a safety zone: All waters of
the Sloop Channel in Hempstead, NY within 300-yards of the Wantagh
Parkway Number 3 Bridge over the Sloop Channel.
(b) Effective date. This rule is effective from 12:01 a.m. on
October 9, 2004 until 11:59 p.m. on December 31, 2004.
(c) Regulations. (1) In accordance with the general regulations in
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.
(2) All persons and vessels must comply with the instructions of
the COTP, or the designated on-scene U.S. Coast Guard representative.
On-scene Coast Guard patrol personnel 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.
[[Page 62411]]
Dated: October 8, 2004.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 04-23962 Filed 10-25-04; 8:45 am]
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