[Federal Register: December 5, 2007 (Volume 72, Number 233)]
[Rules and Regulations]
[Page 68504-68506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de07-10]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. CGD01-07-150]
RIN 1625-AA00
Safety Zone: Wantagh Parkway 3 Bridge over the Sloop Channel,
Town of Hempstead, New York
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the effective period of a
temporary safety zone previously established on the waters surrounding
the Wantagh Parkway Number 3 Bridge across the Sloop Channel in Town of
Hempstead, New York. The extended effective period of this zone is
necessary to protect vessels transiting in the area from hazards
imposed by construction barges and equipment that 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 January 4, 2008 until 11:59 p.m.
June 30, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-150 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 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 encountered 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 to marine traffic. Due to
continued significant delays in bridge construction, the safety zone
was extended until December 31, 2006. Construction delays continued and
the safety zone extended again to December 31, 2007. 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 June 30, 2008. At that time, the construction progress
will allow the contractors to remove the equipment from the channel.
As the construction equipment is 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.
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. 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
[[Page 68505]]
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 three
subsequent extensions of the established safety zone through December
31, 2005 and then through December 31, 2006 and most recently through
December 31, 2007 when the contractor continued to experience
significant delays. Due to continued construction delays, the NYSDOT
has requested that a safety zone be in place through June 30, 2008. To
ensure the continued safety of the boating community, the Coast Guard
is extending the effective period of the safety zone that is currently
in place 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 extends the effective period of 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 effective
period of this safety zone is continued to 11:59 p.m. on June 30, 2008.
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.
Any violation of the safety zone described herein is punishable by,
among other things, civil and criminal penalties, in rem liability
against the offending vessel, and the initiation of suspension or
revocation proceedings against Coast Guard-issued merchant mariner
credentials.
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.
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.
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 D. Miller
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action fo the Coast Guard.
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 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 will not concern an
environmental risk
[[Page 68506]]
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.
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, 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. This rule fits the category selected from paragraph
(34)(g), as it establishes a safety zone. An final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' will be available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting
andrecordkeeping 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. 1225 and 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 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. Amend Sec. 165.T01-132 by revising paragraph (b) to read as
follows:
Sec. 165.T01-132 Safety Zone: Wantagh Parkway Number 3 Bridge over
the Sloop Channel, Town of Hempstead, NY.
* * * * *
(b) Effective date: This rule is effective from 11:59 p.m. on
January 22, 2007 until 11:59 p.m. June 30, 2008.
* * * * *
Dated: November 20, 2007.
D.A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. E7-23569 Filed 12-4-07; 8:45 am]
BILLING CODE 4910-15-P