[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Rules and Regulations]
[Pages 5619-5621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1978]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-06-132]
RIN 1625-AA00


Safety Zone; Wantagh Parkway 3 Bridge Over the Sloop Channel, 
Town of Hempstead, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters surrounding the Wantagh Parkway Number 3 Bridge across the Sloop 
Channel in Town of Hempstead, New York. This zone is necessary to 
protect vessels transiting in the area from hazards associated with 
construction barges and equipment being utilized to construct a new 
bascule bridge over the Sloop Channel. Entry into this zone is 
prohibited unless authorized by the Captain of the Port, Long Island 
Sound.

DATES: This rule is effective from 11:59 p.m. on January 22, 2007 until 
11:59 p.m. December 31, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-06-132 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 D. Miller, Assistant Chief, 
Waterways Management Division, Coast Guard Sector Long Island Sound at 
(203) 468-4596.

SUPPLEMENTARY INFORMATION:

Regulatory History

    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. Any delay in this regulation's 
effective date would be impracticable and contrary to public interest 
since immediate action 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 is needed to ensure the safety of vessels transiting 
the area.
    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 on January 1, 2005 and extended until December 31, 2005 due 
to delays in construction, requiring equipment to be in the channel in 
a manner that would leave the waterway unsafe for marine traffic. Due 
to continued significant delays in bridge construction, the safety zone 
was again extended until December 31, 2006. The contractor for this 
project continues to experience 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. Accordingly, the New York State Department of 
Transportation (NYSDOT) has requested that a safety zone be put in 
place through December 31, 2007.
    As these barges are presently obstructing the navigable channel, 
immediate action is needed to prevent accidents by limiting vessel 
movement in the area with the construction equipment. Traffic exists in 
this area year-round and increases significantly in the summer months 
with the return of recreational traffic.

[[Page 5620]]

    For the same reasons, the Coast Guard also 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.

Background and Purpose

    Currently, there is a fixed bridge over the Wantagh Parkway Number 
3 Bridge over the Sloop Channel in the Town of Hempstead, New York. The 
NYSDOT 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. Numerous delays in 
the construction have required construction equipment to continue to 
occupy the navigable channel and have required subsequent extensions of 
the established safety zone through December 31, 2005 and then through 
December 31, 2006 when the contractor continued to experience 
significant delays. Due to continued construction delays, the NYSDOT 
has requested that a safety zone be established through December 31, 
2007.
    To ensure the continued safety of the boating community, the Coast 
Guard is reestablishing the safety zone in all waters of the Sloop 
Channel within 300-yards of the Wantagh Parkway Number 3 Bridge. This 
safety zone is necessary to protect the safety of the boating community 
who wish to utilize the Sloop Channel. Vessels may utilize the Goose 
Neck Channel as an alternative route to using the Sloop Channel, adding 
minimal additional transit time. Marine traffic may also 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 establishes 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 established from 11:59 p.m. on January 22, 
2007, to 11:59 p.m. on December 31, 2007. 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. Entry into this zone is prohibited 
unless authorized by the Captain of the Port, Long Island Sound.

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 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 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 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 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 
Assistant Chief, Waterways Management Division, Coast Guard Sector 
Safety Office Long Island Sound at (203) 468-4596.
    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

[[Page 5621]]

$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, 
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. 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

    The Coast Guard 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 a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g) from further environmental documentation. A final 
``Environmental Analysis Checklist'' and a ``Categorical Exclusion 
Determination'' are 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, 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.T01-132 to read as follows:


Sec.  165.T01-132  Safety Zone: Wantagh Parkway Number 3 Bridge over 
the Sloop Channel, Town of Hempstead, NY.

    (a) Location: The following area is a safety zone: All waters of 
the Sloop Channel in Hempstead, NY, from surface to bottom, within 300 
yards of the Wantagh Parkway Number 3 Bridge over the Sloop Channel.
    (b) Effective date: This rule is effective from 11:59 p.m. on 
January 22, 2007 until 11:59 p.m. December 31, 2007.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into or movement within this zone by 
any person or vessel is prohibited unless authorized by the Captain of 
the Port (COTP), Long Island Sound.
    (2) All persons and vessels must comply with the Coast Guard COTP 
or designated on-scene patrol personnel. On-scene Coast Guard patrol 
personnel include commissioned, warrant, and petty officers of the 
Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, 
State, and Federal law enforcement vessels. Upon being hailed by siren, 
radio, flashing light or other means from a U.S. Coast Guard vessel or 
other vessel with on-scene patrol personnel aboard, the operator of the 
vessel shall proceed as directed.

    Dated: January 22, 2007.
J.J. Plunkett,
Commander, U.S. Coast Guard, Acting Captain of the Port, Long Island 
Sound.
 [FR Doc. E7-1978 Filed 2-6-07; 8:45 am]
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