

[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]                         

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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.

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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]

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