[Federal Register: April 30, 2004 (Volume 69, Number 84)]
[Rules and Regulations]
[Page 23655-23657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap04-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-04-035]
RIN 1625-AA00
Safety Zone; Metro North Railroad Bridge Over the Norwalk River,
Norwalk, CT
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 Metro North Railroad Bridge over the Norwalk
River, Norwalk, Connecticut. This zone is necessary to protect vessels
that wish to transit past the bridge due to an allision that occurred
on April 11, 2004, destroying the fendering system under the bridge's
western span, thereby exposing the bridge piers to the possibility of
direct allision with an unprotected bridge structure. In addition, the
damaged fendering system extends into the navigable channel, causing a
hazard to navigation. 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 a.m. April 17, 2004 until 11:59
p.m. on June 15, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-04-035 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. 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
[[Page 23656]]
the Norwalk River under the Metro North Railroad Bridge, Norwalk,
Connecticut. On April 11, 2004, the fendering under the western span of
the bridge was completely destroyed by an allision with two stone
barges. The bridge piers under the western span of the bridge are now
exposed to the possibility of direct allision by traffic passing under
the bridge. In addition, the damaged fendering system extends into the
navigable channel and presents a hazard to navigation. The delay
inherent in the NPRM process is contrary to the public interest and
impracticable as immediate action is needed to prevent further allision
with the bridge and prevent collision with the damaged fendering system
that extends into the channel. A temporary safety zone was implemented
(CGD01-04-050) effective from 11 a.m. on April 11, 2004 to 11:59 p.m.
April 16, 2004. Due to the extensive damage on the bridge and the need
for work to be approved by various State and Federal agencies prior to
commencing, an extension of that temporary rulemaking is necessary.
Background and Purpose
On Sunday April 11, 2004 at approximately 2:40 a.m., two barges
filled with stone being pushed by a barge hit the pilings of the
fendering system on the western span of the Metro North Railroad Bridge
over the Norwalk River, Norwalk, Connecticut. The allision by these
barges completely destroyed the fendering system under the western span
of the bridge. While the bridge has been determined to be safe for rail
traffic, the lack of a fendering system, that is designed to protect
bridge piers from direct allision, leaves the bridge piers exposed to
the possibility of direct damage. Further damage to the bridge pier
could impede rail traffic and the safety of the bridge and public
utilizing the rail service. In addition, the fendering system that was
damaged extends into the navigable channel and presents a hazard to
navigation. 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, bridge operations and public using the Metro
North Railroad from further allision directly with the bridge piers. It
is also necessary to prevent vessels from colliding with the damaged
fendering system currently extending into the channel.
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 further damage to the
Metro North Railroad Bridge, which may be caused due to lack of a
fendering system around bridge piers around the western span of the
Bridge. The safety zone is in effect from 12 a.m. on April 17, 2004
until 11:59 p.m. on June 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 delineated by this rule. However, 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. 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 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 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 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 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).
[[Page 23657]]
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.
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 a.m. April 17, 2004 to 11:59 p.m. on June 15, 2004 add
temporary Sec. 165.T01-035 to read as follows:
Sec. 165.T01-035 Safety Zone: Metro North Railroad Bridge over the
Norwalk River, Norwalk CT.
(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) 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, except:
(i) Recreational vessels are authorized to pass under the bridge's
east span.
(ii) All commercial vessels may pass under the bridge's east span
upon the request and authorization by the Captain of the Port, Long
Island Sound.
(2) All persons and vessels shall 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.
Dated: April 17, 2004.
Joseph J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 04-9773 Filed 4-29-04; 8:45 am]
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