[Federal Register Volume 61, Number 51 (Thursday, March 14, 1996)]
[Proposed Rules]
[Pages 10493-10494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6056]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 165

[CGD 05-96-008]
RIN 2115-AA97


Safety Zones: Elizabeth River and York River, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish three temporary 
safety zones on the Elizabeth and York Rivers during the dismantling 
and replacement of the Coleman Bridge. The proposed safety zones would 
include moving zones around the tugs and tows carrying the bridge spans 
as they transit the thirty miles between Norfolk International 
Terminals (NIT) and the Coleman Bridge, a stationary zone in the 
Elizabeth River at NIT, and a stationary in the York River at the 
Coleman Bridge. The safety zones are needed to ensure the safety of 
mariners operating in the vicinity and to ensure the safety of all 
personnel involved with the movement of the bridge spans.

DATES: Comments must be received on or before April 3, 1996.

ADDRESSES: Comments may be mailed to Commanding Officer, Marine Safety 
Office Hampton Roads, 200 Granby Street, Norfolk, VA 23510, or may be 
delivered to suite 700 at the same address between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(804) 441-3290.
    Comments will become part of the docket for this rulemaking and 
will be available for inspection or copying at suite 700, Marine Safety 
Office Hampton Roads between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Katherine Weathers, Chief, Port Safety and Security Branch, 
(804) 441-3290.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 05-96-008) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. Persons wanting acknowledgment of receipt of comments 
should enclose stamped, self-addressed postcards or envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Commanding Officer, Marine Safety Office 
Hampton Roads at the address under ADDRESSES. The request should 
include the reasons why a hearing would be beneficial. If it determines 
that the opportunity for oral presentations will aid this rulemaking, 
the Coast Guard will hold a public hearing at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The Coleman Bridge, which crosses the York River, connecting 
Yorktown, Virginia to Gloucester, Virginia, is scheduled to be 
dismantled and replaced during April and May 1996. The new bridge is 
being constructed in six sections at NIT. These six spans will then be 
transported via barge thirty miles to the existing bridge site. The 
existing bridge will be dismantled in six sections and transported to 
NIT by the same method. The bridge spans range between 210 feet long 
and 559 feet long and will be resting perpendicular to the barges 
transporting them. Due to the size of the tows, the distance to be 
covered, and the busy port area in which the tows will be transiting, 
moving safety zones around the bridge spans while in transit and 
stationary safety zones at both NIT and the bridge site are necessary 
to protect those in the maritime community operating in the vicinity 
and those taking part in the project.

Discussion of Proposed Rule

    The Coast Guard is proposing to establish a 500-yard moving safety 
zone around the tugs and tows transporting the bridge spans being used 
in the Coleman Bridge Replacement Project. Tows consisting of two or 
three barges abreast connected by pipe bracing and tension rods will be 
pulled by two tugs. The bridge spans will sit perpendicular to the 
barges atop steel towers simulating the height of the bridge piers. The 
barges are specially configured for the carriage of these spans and 
will be severely restricted in their ability to maneuver and 
susceptible to wake damage. Therefore, these moving safety zones are 
needed while the vessels transit each way between NIT and the Coleman 
Bridge in both loaded and unloaded conditions.
    The stationary zones are needed at both the Coleman Bridge and at 
NIT

[[Page 10494]]
where the new spans are currently located. The proposed safety zone at 
the Coleman Bridge will consist of a 1000 yard zone, extending west 
upstream 500 yards from the bridge and east downstream 500 yards from 
the bridge. This safety zone would be in effect during the entire 
dismantling and replacement evolution. The proposed safety zone at NIT 
would include all waters within a line connecting red buoy 12 to red 
buoy 14, from buoy 12 due east across the Norfolk Harbor Reach of the 
Elizabeth River to land, and from buoy 14 due east across the reach to 
land. This proposed safety zone would only be enforced during the 
loading and unloading of the spans.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include: (1) Small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields; and (2) governmental jurisdictions 
with populations of less than 50,000. Because it expects the impact of 
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under paragraph 2.B.2.e(34) of Commandant 
Instruction M16475.1B (as revised by 59 FR 38654; July 29, 1994), this 
proposal is categorically excluded from further environmental 
documentation. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Proposed Rule

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.

    2. A temporary Sec. 165.T05-008 is added to read as follows:


Sec. 165.T05-008  Safety Zone: James River, Elizabeth River, Chesapeake 
Bay, Port of Hampton Roads, VA.

    (a) Location: The following areas are safety zones:
    (1) All waters within 500 yards of any tug and tow involved in 
moving the Coleman Bridge spans while in both loaded and unloaded 
condition while transiting in either direction between Norfolk 
International Terminals (NIT) located on the Elizabeth River at the 
Norfolk Harbor Reach and the Coleman Bridge, which crosses the York 
River connecting Yorktown, Virginia with Gloucester Point, Virginia.
    (2) All waters within 500 yards upstream and 500 yards downstream 
of the Coleman Bridge in the York River.
    (3) All waters within a line connecting red buoy 12 to red buoy 14, 
and a line drawn due east from buoy 12 due east across the Norfolk 
Harbor Reach of the Elizabeth River to land, and from buoy 14 due east 
across the reach to land. This zone will be enforced during the loading 
and unloading of the bridge spans at NIT.
    (b) Effective date: This section is effective from 10 p.m. on April 
26, 1966 to 10 p.m. May 30, 1996, unless sooner terminated by the 
Captain of the Port.
    (c) Definitions:
    Captain of the Port means the Captain of the Port of Hampton Roads, 
VA.
    Designated representative of the Captain of the Port means any 
Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Captain of the Port Hampton Roads to act on his 
behalf.
    (d)(1) In accordance with the general provisions in Secs. 165.23 
and 165.501 of this part, entry into the zones described in paragraph 
(a) of this section is prohibited unless authorized by the Captain of 
the Port or his designated representative. The general requirements of 
Secs. 165.23 and 165.501 also apply to this section.
    (2) Persons or vessels requiring entry into or passage through the 
safety zones must first request authorization from the Captain of the 
Port or his designated representative. The Coast Guard vessels 
enforcing the safety zone can be contacted on VHF Marine Band Radio, 
channels 13 and 16. The Captain of the Port's representative at the 
Marine Safety Office, Hampton Roads, VA, can be contacted at telephone 
number (804) 441-3314.
    (e) The Captain of the Port will notify the public of vessel 
movements and changes in the status of these zones by Marine Safety 
Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz).

    Dated: February 29, 1996.
Dennis A. Sande,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 96-6056 Filed 3-13-96; 8:45 am]
BILLING CODE 4910-14-M