[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Rules and Regulations]
[Pages 30635-30638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10591]


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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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