[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Rules and Regulations]
[Page 51597-51599]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se08-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0843]
RIN 1625-AA00
Safety Zone: Wantagh Parkway 2 Bridge over the Goose Creek
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 on the
navigable waters of Goose Creek Channel surrounding the Wantagh Parkway
2 Bridge located in the Town of Hempstead, New York. This safety zone
is necessary to protect vessels transiting in the area from hazards
imposed by construction barges and equipment. Entry into this zone is
prohibited unless authorized by the Captain of the Port, Long Island
Sound, New Haven, CT.
DATES: This rule will be effective from 12:01 a.m. on September 2, 2008
until 11:59 p.m on December 31, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0843 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, USCG Sector Long
Island Sound, 120 Woodward Ave., New Haven, CT 06512 between 9 a.m. and
3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call LT Douglas Miller, USCG Sector Long Island Sound,
Chief Waterways Management at 203-468-4569. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because unforeseen delays in the construction
and removal of the Wantagh 3 Bridge forced the original construction
dates for the Wantagh 2 Bridge to be modified which in turn makes the
publication of a notice of proposed rulemaking and associated comment
period impractical; additional repair and replacement work are needed
to ensure the continued safe operation of the bridge.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. A delay is not in the public
interest as this safety zone is necessary to allow for completion of
this bridge construction project.
Background and Purpose
Currently, the New York Department of Transportation is modifying
the existing bascule and flanking spans of the Wantagh 2 Bridge located
over the Goose Creek Channel in the Town of Hempstead, NY. These
modifications are needed to ensure the continued safe operation of the
bridge. To complete the modifications on the bridge, barges will need
to block the waterway during the course of the project. To ensure the
continued safety of the boating community, the Coast Guard is
establishing a safety zone in all waters of Goose Creek Channel within
100-yards of the Wantagh Parkway Number 2 Bridge. This safety zone is
necessary to protect the safety of the boating community who wish to
utilize the Goose Creek channel. Vessels may utilize the Sloop Channel
as an alternative route to using the Goose Creek 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 Goose Creek Channel, except the
portion delineated by this rule.
Discussion of Rule
This regulation establishes a temporary safety zone on the Goose
Creek Channel within 100-yards to either side of the Wantagh 2 Bridge.
This action is intended to prohibit vessel traffic in a portion of the
Goose Creek Channel within 100 yards of the Wantagh 2 Bridge in the
Town of Hempstead, NY and to provide for the safety of the boating
community due to the hazards posed by construction equipment located in
the waterway during the modification of the existing span.
The effective period of this safety zone will be from 12:01 a.m.
September 2, 2008 to 11:59 p.m. on December 31, 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 Goose
Creek 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,
[[Page 51598]]
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 Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 Goose Creek 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 would 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 in those portions of the Goose Creek that are covered by the
safety zone.
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 would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call LT
Douglas Miller, Chief Waterway Management, Sector 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 of 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 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 does 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.
[[Page 51599]]
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
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), of the Instruction, from further environmental
documentation as it establishes a safety zone. A final environmental
analysis checklist 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 and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0843 to read as follows:
Sec. 165.T01-0843 Safety Zone: Wantagh Parkway 2 Bridge over the
Goose Creek Channel, Town of Hempstead, New York.
(a) Location. The following area is a safety zone: All navigable
waters of the federal channel on the Goose Creek Channel in Town of
Hempstead, NY, from surface to bottom, within 100 yards to either side
of the Wantagh 2 Bridge.
(b) Definitions. The following definitions apply to this section:
Designated on-scene patrol personnel, means any commissioned, warrant
and petty officers of the U.S. Coast Guard operating Coast Guard
vessels who has been authorized to act on the behalf of the Captain of
the Port, Long Island Sound.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in Sec. 165.23 of
this part, entry into or movement within this zone is prohibited unless
authorized by the Captain of the Port, Long Island Sound.
(3) All persons and vessels must comply with the Coast Guard
Captain of the Port or the designated on-scene patrol personnel.
(4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
(5) Persons and vessels may request permission to enter the zone on
VHF-16 or via phone at (203) 468-4401.
(d) Effective Period. This rule is effective from 12:01 a.m. on
September 2, 2008 to 11:59 p.m on December 31, 2008.
Dated: August 15, 2008.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. E8-20480 Filed 9-3-08; 8:45 am]
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