[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Rules and Regulations]
[Pages 48477-48479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13798]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CCGD05-06-059]
RIN 1625-AA00


Safety Zone; Route 33 Bridge Construction, Pamunkey River, West 
Point, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 600-foot radius 
safety zone in support of bridge construction operations being 
conducted in the vicinity of the Route 33 Bridge (Eltham Bridge) over 
the Pumunkey River near the Town of West Point, VA. This action is 
intended to restrict vessel traffic on the Pamunkey River as necessary 
to protect mariners from the hazards associated with bridge 
construction operations.

DATES: This safety zone will be in effect from August 15 to August 20, 
2006, and from September 12 to September 17, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-059 and are available for 
inspection or copying at Sector Hampton Roads, Prevention Department, 
Norfolk Federal Building, 200 Granby Street, Suite 700, Norfolk, VA 
23510, between 9:30 a.m. and 2 p.m., Monday through Friday, except on 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Bill Clark, project officer, USCG 
Sector Hampton Roads, telephone number (757) 668-5580.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a 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 because it is impracticable and 
contrary to the public interest to delay the effective

[[Page 48478]]

date of this rule. The project will begin at 6:30 a.m. eastern time on 
August 15, 2006 and end at 6:30 a.m. eastern time on August 20, 2006, 
then commence again at 6:30 a.m. on September 12, and end at 6:30 a.m. 
on September 17, 2006. Due to the dangers posed by the bridge 
construction operations, it is in the public's interest to have these 
regulations in effect during those operations.
    For the same reasons, the Coast Guard also finds that good cause 
exists under 5 U.S.C. 553(d)(3) for making this rule effective less 
than 30 days after publication in the Federal Register. Because of the 
hazards associated with the construction operations, a limited access 
area is necessary to provide for the safety of mariners.

Background and Purpose

    Bridge construction operations will be conducted on the center span 
portion of a new bridge being constructed approximately 100 feet south 
of the Route 33 Bridge (Eltham Bridge) near West Point, VA. These 
operations will commence at 6:30 a.m. on August 15, 2006 and end at 
6:30 a.m. on August 20, 2006, then commence again at 6:30 a.m. on 
September 12, and end at 6:30 a.m. on September 17, 2006. To facilitate 
the bridge construction operations while protecting mariners and 
spectators from the associated hazards, a 600-foot radius safety zone 
centered on position 37-32-01 N / 076-48-21 W will be established 
during the bridge construction operations.

Discussion of Proposed Rule

    The Coast Guard is establishing a safety zone that encompasses all 
waters within 600 feet of position 37-32-01 N/076-48-21 W in the 
vicinity of West Point, VA. This safety zone will be established in the 
interest of public safety during the bridge construction operations and 
will be effective from 6:30 a.m. on August 15, 2006 until 6:30 a.m. on 
August 20, 2006, then again from 6:30 a.m. on September 12, 2006 until 
6:30 a.m. on September 17, 2006. General navigation in the safety zone 
will be restricted. Except for participants and vessels authorized by 
the Captain of the Port's designated representative, no person or 
vessel may enter or remain in the regulated area.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This determination is based 
on the fact that the safety zone is only enforced for a limited 
duration and vessel traffic can safely pass outside the safety zone 
during the operation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would 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 will affect the following entities, some of which 
may be small entities: the owners and operators of vessels intending to 
transit or anchor in that portion of the Pamunkey River between 6:30 
a.m. on August 15 to 6:30 a.m. on August 20, 2006 and between 6:30 a.m. 
on September 12, 2006 to 6:30 a.m. on September 17, 2006. For the 
reasons described in Regulatory Evaluation, above, the safety zone will 
not have a significant impact on a substantial number of small 
entities; maritime advisories will be issued, so the mariners can 
adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 an 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 does not create 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,

[[Page 48479]]

because it does 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

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, 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. A final ``Environmental Analysis Checklist'' and a final 
``Categorical Exclusion Determination'' will be available in the 
docket.

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, 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. Add temporary Sec.  165.T05-059, to read as follows:


Sec.  165.T05-059  Route 33 Bridge Construction, Pamunkey River, West 
Point, VA.

    (a) Location. The following area is a safety zone: All waters of 
the Pamunkey River, from surface to bottom, within 600 feet of position 
37-32-01 N/076-48-21 W in the vicinity of West Point, VA.
    (b) Definition. For purposes of this section, designated 
representative means any U.S. Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port, 
Hampton Roads, Virginia to act on his behalf.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, entry into this safety zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone must comply with all directions given by the COTP or the 
COTP's designated representative.
    (3) The Captain of the Port, Hampton Roads and the Sector Duty 
Officer at Sector Hampton Roads in Portsmouth, Virginia can be 
contacted at telephone number (757) 668-5555 or (757) 484-8192.
    (4) The Designated Representatives enforcing the safety zone can be 
contacted on VHF-FM 13 and 16.
    (d) Effective date: This regulation is effective from 6:30 a.m. on 
August 15, 2006 until 6:30 a.m. on August 20, 2006 and from 6:30 a.m. 
September 12, 2006 until 6:30 a.m. on September 17, 2006.

    Dated: August 4, 2006.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
 [FR Doc. E6-13798 Filed 8-18-06; 8:45 am]
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