[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Rules and Regulations]
[Pages 17249-17250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9652]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

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


Safety Zones: Elizabeth River and York River, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
on the Elizabeth and York Rivers during the dismantling and replacement 
of the Coleman Bridge. The safety zones will 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 zone 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: This rule is effective from 10 p.m. on April 24, 1996 to 10 p.m. 
May 30, 1996, unless sooner terminated by the Captain of the Port.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Katherine Weathers, Chief, Port Safety and Security Branch, 
Coast Guard Marine Safety Office Norfolk, VA, (804) 441-3290.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    A notice of proposed rulemaking (NPRM) for this temporary rule was 
published on Thursday, March 14, 1996 (61 FR 10493). The comment period 
for the NPRM ended April 3, 1996. No comments were received.

Changes from Proposed Rule

    The Coast Guard adopts the proposed rule as a temporary rule except 
that it is changing the effective date of the temporary rule. This 
temporary rule will become effective on April 24, 1996 instead of April 
26, 1996 as proposed in the NPRM. The first replacement bridge span was 
moved from Norfolk to the area of the Coleman Bridge on March 27, 1996. 
To ensure safety of that movement, the Coast Guard Captain of

[[Page 17250]]

the Port Hampton Roads issued a temporary rule [CGD 05-96-015] 
establishing moving safety zones effective from March 26, 1996 through 
April 24, 1996. This temporary rule will become effective upon 
expiration of that existing temporary rule.

Discussion of Temporary Rule

    The Coast Guard is establishing 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 
pushed by two tugs attached at the hip. 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 will be in effect while the vessels transit each way between NIT 
and the Coleman Bridge in both loaded and unloaded conditions.
    The stationary zones will be in effect at both the Coleman Bridge 
and at NIT where the new spans are currently located. The safety zone 
at the Coleman Bridge will extend west upstream 500 yards and east 
downstream 500 yards from the bridge, stretching from shore to shore. 
This safety zone will be in effect during the entire dismantling and 
replacement evolution. The safety zone at NIT will 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 safety zone 
will only be enforced during the loading and unloading of the spans.

Regulatory Evaluation

    This temporary rule 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 temporary rule 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 temporary rule 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 of the limited duration and 
location of the zones established under this rule, the Coast Guard 
expects the impact of this temporary rule to be minimal, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this temporary rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This temporary rule 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 temporary rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this temporary rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
temporary rule 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 temporary rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying.

List of Subjects in 33 CFR Part 165

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

    For the reasons set out in the preamble, the Coast Guard amends 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; 49 CFR 1.46.

    2. Temporary Section 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) Definitions. Captain of the Port means the Captain of the Port 
of Hampton Roads, VA. or 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.
    (c) (1) In accordance with the general provisions in Secs. 165.23 
and 165.501, entry into the zones described in paragraph (a) of this 
section is prohibited unless authorized by the Captain of the Port. 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. The Coast Guard vessels enforcing the safety zones can be 
contacted on VHF Marine Band Radio, channels 13 and 16. The Captain of 
the Port may be contacted at telephone number (804) 441-3314 or at the 
Marine Safety Office, Hampton Roads, VA.
    (d) 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: April 12, 1996.
Dennis A. Sande,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 96-9652 Filed 4-18-96; 8:45 am]
BILLING CODE 4910-14-M