[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Rules and Regulations]
[Page 5619-5621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe07-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-06-132]
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 Town of Hempstead, New York. This zone is necessary to
protect vessels transiting in the area from hazards associated with
construction barges and equipment 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.
DATES: This rule is effective from 11:59 p.m. on January 22, 2007 until
11:59 p.m. December 31, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-06-132 and will be available for
inspection or copying at Sector 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 D. Miller, Assistant Chief,
Waterways Management Division, Coast Guard Sector Long Island Sound at
(203) 468-4596.
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. Any delay in this regulation's
effective date would be impracticable and contrary to public interest
since immediate action 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 is needed to ensure the safety of vessels transiting
the area.
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. 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
that remains under the Wantagh Parkway Number 3 Bridge poses a
potential hazard greater than originally anticipated. A safety zone was
deemed necessary and was established on October 9, 2004 through
December 31, 2004, the date when construction impacting the navigable
channel was estimated to be complete. A second safety zone was
implemented on January 1, 2005 and extended until December 31, 2005 due
to delays in construction, requiring equipment to be in the channel in
a manner that would leave the waterway unsafe for marine traffic. Due
to continued significant delays in bridge construction, the safety zone
was again extended until December 31, 2006. The contractor for this
project continues to experience significant delays in bridge
construction. In order to continue construction in a more rapid and
safe manner, barges will need to continuously block the channel under
the bridge. Accordingly, the New York State Department of
Transportation (NYSDOT) has requested that a safety zone be put in
place through December 31, 2007.
As these barges are presently obstructing the navigable channel,
immediate action is needed to prevent accidents by limiting vessel
movement in the area with the construction equipment. Traffic exists in
this area year-round and increases significantly in the summer months
with the return of recreational traffic.
[[Page 5620]]
For the same reasons, the Coast Guard also finds under 5 U.S.C.
553(d)(3) that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.
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. The
NYSDOT 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. 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. Construction, requiring equipment in the navigable channel, was
originally scheduled to end on December 31, 2004. Numerous delays in
the construction have required construction equipment to continue to
occupy the navigable channel and have required subsequent extensions of
the established safety zone through December 31, 2005 and then through
December 31, 2006 when the contractor continued to experience
significant delays. Due to continued construction delays, the NYSDOT
has requested that a safety zone be established through December 31,
2007.
To ensure the continued safety of the boating community, the Coast
Guard is reestablishing the safety zone in all waters of the Sloop
Channel within 300-yards of the Wantagh Parkway Number 3 Bridge. This
safety zone is necessary to protect the safety of the boating community
who wish to utilize the Sloop Channel. Vessels may utilize the Goose
Neck Channel as an alternative route to using the Sloop Channel, adding
minimal additional transit time. Marine traffic may also 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.
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 and barges located in the waterway for the
construction of a new bascule bridge.
The safety zone is being established from 11:59 p.m. on January 22,
2007, to 11:59 p.m. on December 31, 2007. Marine traffic may continue
to 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. Entry into this zone is prohibited
unless authorized by the Captain of the Port, Long Island Sound.
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.
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 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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process. 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 Junior Grade D. Miller
Assistant Chief, Waterways Management Division, Coast Guard Sector
Safety Office Long Island Sound at (203) 468-4596.
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
[[Page 5621]]
$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 effect 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 create 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 consider the use of voluntary consensus
standards.
Environment
The Coast Guard analyzed this rule under Commandant Instruction
M16475.1D and Department of Homeland Security Management Directive
5100.1, which guide 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) from further environmental documentation. A final
``Environmental Analysis Checklist'' and a ``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.T01-132 to read as follows:
Sec. 165.T01-132 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, from surface to bottom, within 300
yards of the Wantagh Parkway Number 3 Bridge over the Sloop Channel.
(b) Effective date: This rule is effective from 11:59 p.m. on
January 22, 2007 until 11:59 p.m. December 31, 2007.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone by
any person or vessel is prohibited unless authorized by the Captain of
the Port (COTP), Long Island Sound.
(2) All persons and vessels must comply with the Coast Guard COTP
or designated on-scene patrol personnel. 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. Upon being hailed by siren,
radio, flashing light or other means from a U.S. Coast Guard vessel or
other vessel with on-scene patrol personnel aboard, the operator of the
vessel shall proceed as directed.
Dated: January 22, 2007.
J.J. Plunkett,
Commander, U.S. Coast Guard, Acting Captain of the Port, Long Island
Sound.
[FR Doc. E7-1978 Filed 2-6-07; 8:45 am]
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