[Federal Register: May 27, 2005 (Volume 70, Number 102)]
[Rules and Regulations]
[Page 30635-30638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my05-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-050]
RIN 1625-AA00
Safety Zone; Wantagh Parkway 3 Bridge Over the Sloop Channel,
Town of Hempstead, NY
AGENCY: Coast Guard, DHS.
[[Page 30636]]
ACTION: Temporary final rule; change in effective period.
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SUMMARY: The Coast Guard is extending the effective period of a safety
zone in the waters surrounding the Wantagh Parkway Number 3 Bridge
across the Sloop Channel in Town of Hempstead, New York. This change
will extend the effective period of the temporary final rule until
December 31, 2005, allowing time for the completion of the bascule
bridge being constructed over the Sloop Channel. This rule will
continue to prevent vessels from transiting the Sloop Channel within
300 yards of the Wantagh Parkway Number 3 Bridge and continues to be
necessary in order 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, Connecticut.
DATES: The extended period of Sec. 165.T01-155 is effective from 12
a.m. on June 1, 2005 until 11:59 p.m. on December 31, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-05-050 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, Chief, Waterways
Management Division, Coast Guard Group/Marine Safety Office Long Island
Sound at (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Regulatory History
On January 12, 2005 we published a temporary final rule (TFR
entitled ``Safety Zone: Wantagh Parkway 3 Bridge Over the Sloop
Channel, Town of Hempstead, NY'' in the Federal Register (70 FR 2017).
The effective period for this rule was from 12:01 a.m. on January 1,
2005 until 11:59 p.m. on May 31, 2005. We did not publish a notice of
proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C.
553(b)(3) and 553 (d)(3) the Coast Guard finds that 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 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 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 from
January 1, 2005 until May 31, 2005, after the New York State Department
of Transportation advised the Coast Guard that construction of the
Wantagh Parkway Number 3 Bridge was experiencing delays, requiring
equipment to be in the channel in a manner that would leave the
waterway unsafe to marine traffic until May 31, 2005. In a letter dated
April 8, 2005, the New York State Department of Transportation (NYSDOT)
again requested an extension of the safety zone surrounding in the
Sloop Channel until December 31, 2005. The contractor for this project
has experienced 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.
The delay inherent in the NPRM process is contrary to the public
interest and impracticable, because immediate action is needed to
extend this safety zone to continue to prevent accidents by vessels
transiting the area with the construction equipment. This is acutely
necessary during the summer months, when recreational traffic will
significantly increase in this area.
Background and Purpose
Currently, there is a fixed bridge, 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 channel, was
originally scheduled to end on December 31, 2004. A second safety zone
was established until May 31, 2005 after the Coast Guard was notified
that the project had experienced delays in construction. Significant
additional delays in construction require this equipment to occupy the
navigable channel until December 31, 2005. To ensure the continued
safety of the boating community, the Coast Guard is extending the
safety zone in place 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.
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.
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 safety zone
is being extended until 11:59 p.m. on December 31, 2005. 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. Vessels may
utilize the Goose Neck Channel as an alternative route to using the
Sloop Channel, adding minimal additional transit time. 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
[[Page 30637]]
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 and 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 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
[[Page 30638]]
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 and 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. Revise temporary Sec. 165.T01-155(b) to read as follows:
Sec. 165.T01-155 Safety Zone: Wantagh Parkway Number 3 Bridge over
the Sloop Channel, Town of Hempstead, NY.
* * * * *
(b) Effective date. This section is effective from 12:01 a.m. on
January 1, 2005 until 11:59 p.m. on December 31, 2005.
* * * * *
Dated: May 18, 2005.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-10591 Filed 5-26-05; 8:45 am]
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