[Federal Register Volume 71, Number 203 (Friday, October 20, 2006)]
[Rules and Regulations]
[Pages 61899-61901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17606]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-06-116]
RIN 1625-AA00


Safety Zone; Channel Closure for Bridge Construction/
Rehabilitation, Bayville Bridge at Mile 0.1, Mill Creek, Town of Oyster 
Bay, Nassau County, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: At the request of the County of Nassau of the State of New 
York, the Coast Guard is establishing a safety zone that will close the 
channel at the Bayville Bridge at Mile 0.1, Mill Neck Creek, in the 
Town of Oyster Bay from 7 a.m. October 2, 2006, through 6 p.m. October 
26, 2006, in order for the County to conduct necessary rehabilitation 
and construction operations on the bridge. The zone will temporarily 
close all waters within a one hundred (100) yard radius of the Bayville 
Bridge. This temporary safety zone is necessary for the safety of life 
and to protect the maritime community transiting the area from the 
potential safety hazards associated with the rehabilitation and 
construction operations on the bridge, which will include barge-mounted 
crane operations, replacement of the roadway grating, structural steel 
repair, and repair of the bridge fender system. The channel closure 
temporarily prohibits passage into or movement within this portion of 
Mill Neck Creek, unless authorized by the Captain of the Port (COTP), 
Long Island Sound or the COTP's designated representative.

DATES: This rule is effective from 7 a.m. EDT October 2, 2006, through 
6 p.m. EDT on October 26, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-06-116 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 Junior Grade D. Miller, 
Chief, Waterways Management Division, Coast Guard Sector Long Island 
Sound at (203) 468-4596.

SUPPLEMENTARY INFORMATION: 

[[Page 61900]]

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 the logistics with 
respect to the rehabilitation and construction operations were not 
presented to the Coast Guard with sufficient time to draft and publish 
an NPRM. Any delay encountered in this regulation's effective date 
would be contrary to the public interest since the closure is needed to 
prevent traffic from transiting this portion of Mill Neck Creek during 
the period of these operations and necessary for the safety of life on 
navigable waters and to protect the public from the potential hazards 
that would result from transit.
    For the same reasons, the Coast Guard finds, under 5 U.S.C. 
553(d)(3), that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register. The closure 
should have a minimal negative impact on the public and navigation as 
this channel is a relatively lightly used waterway used only by 
recreational craft, and the closure will be in effect less than a 
month, during a period of the year that historically features very 
little traffic.

Background and Purpose

    The Bayville Bridge located in the Town of Oyster Bay, NY is 
currently in need of extensive rehabilitation and repair. The Bayville 
Bridge Rehabilitation Project includes:
     Removal and replacement of the existing paint system;
     Replacement of steel purlins and replacement of steel 
grating--open roadway, concrete filled, and sidewalk;
     Repair of steel stringers, floor beams, and girders;
     Repair to the fender system and repairs to improve 
drainage in the counterweight pits.

    This temporary safety zone is necessary for the safety of life and 
to protect the maritime community transiting the area from the 
potential safety hazards associated with the rehabilitation and 
construction operations on the bridge, which will include barge-mounted 
crane operations, replacement of the roadway grating, structural steel 
repair, and repair of the bridge fender system.

Discussion of Rule

    This regulation will temporarily close the channel on the waters of 
Mill Neck Creek, in the Town of Oyster Bay, NY, within a 100-yard 
radius of the Bayville Bridge. This rule will permit rehabilitation and 
construction operations to be conducted safely.
    This action is intended to prohibit vessel traffic in a portion of 
Mill Neck Creek in Oyster Bay, NY and to provide for the protection of 
life and property of the maritime public. The closure will be enforced 
for a relatively short period of 25 days, from 7 a.m. October 2, 2006 
through 6 p.m. EDT on October 26, 2006.
    The Captain of the Port anticipates minimal negative impact on 
vessel traffic as the closure will only be in effect for a 25-day 
period during a period of the year that historically features very 
little traffic in this waterway. Public notifications will be made 
prior to the effective period via the Local Notice to Mariners and 
Safety Marine Information Broadcasts.

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 rule may have some 
impact on the public, but these potential impacts will be minimized for 
the following reasons: This zone covers only a small portion of the 
waters of Mill Neck Creek, and there is no expected impact on 
commercial vessels. Although this channel closure is in effect for 25 
days, it will be during a period of the year that historically features 
very little recreational vessel traffic.

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 recreational vessels 
intending to transit or anchor in those portions of Mill Neck Creek 
covered by the closure. 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], we want to assist 
small entities in understanding this rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
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 Junior 
Grade D. Miller, Chief, Waterways Management Division, Sector Long 
Island Sound, at (203) 468-4596. The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.
    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.

[[Page 61901]]

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 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. 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 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 M16475.1D 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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 the 
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) since it establishes a safety zone.
    A 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 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. 1225 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. Add temporary Sec.  165.T01-116 to read as follows:


Sec.  165.T01-116  Channel closure at Mile 0.1, Mill Neck Creek at 
Bayville Bridge, Town of Oyster Bay, Nassau County, NY.

    (a) Location. The following area is a safety zone: All waters of 
Mill Neck Creek, from surface to bottom, within a one hundred (100) 
yard radius of the Bayville Bridge.
    (b) Enforcement period. This section is effective from 7 a.m. EDT 
October 2, 2006, through 6 p.m. EDT on October 26, 2006.
    (c) Definitions. (1) As used in this section, designated 
representative means a Coast Guard Patrol Commander, including a Coast 
Guard coxswain, petty officer, or other officer operating a Coast Guard 
vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port (COTP).
    (2) [Reserved]
    (d) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, the safety zone described in paragraph (a) of this 
section is closed to all vessel traffic, except as may be permitted by 
the COTP or the COTP's designated representative.
    (2) Vessel operators desiring to enter the safety zone must contact 
the COTP or the COTP's designated representative to obtain permission 
to do so. Vessel operators given permission to use the safety zone must 
comply with all directions given to them by the COTP or the COTP's 
designated representative.

    Dated: September 29, 2006.
P.J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. E6-17606 Filed 10-19-06; 8:45 am]
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