[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Rules and Regulations]
[Pages 21990-21993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9680]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0271]
RIN 1625-AA00


Safety Zone; Extended Debris Removal in the Lake Champlain Bridge 
Construction Zone (Between Vermont and New York), Crown Point, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters immediately surrounding the Lake Champlain Bridge 
construction zone between Chimney Point, VT and Crown Point, NY. This 
rule re-establishes a safety zone that was scheduled to expire prior to 
the completion of the removal of debris from the old Crown Point bridge 
demolition. The debris must be cleared from the navigable waterway 
prior to opening the channel to vessel traffic. This rule is necessary 
to provide safety of life on the navigable waters within this area 
during the demolition and debris removal of the bridge piers within 
this construction zone.

DATES: This rule is effective in the CFR on April 27, 2010. This rule 
is effective with actual notice for purposes of enforcement from 12:01 
a.m. on Friday, April 16, 2010 through 11:59 p.m. on Saturday, May 15, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0271 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0271 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant Junior Grade Laura van der 
Pol, Coast Guard Sector Northern New England, Waterways Management 
Division; telephone 207-741-5421, e-mail [email protected]. 
If you have questions on viewing the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The New York State Department of 
Transportation recently requested an extension to deadline for removing 
the concrete piers (6 and 7) which line the main channel in Crown 
Point, NY. These piers can only be effectively removed by explosive 
charges, and both the piers and subsequent debris must be removed 
before the Coast Guard can reopen the channel to all vessel traffic. 
The Coast Guard did not receive notification of delays in the debris 
removal operations in sufficient time to complete a comment period 
prior to the expiration of the existing safety zone. As delaying the 
demolition and debris removal process is contrary to public interest, 
and there is continued need to protect waterway users from hazardous 
debris in the navigational channel, a comment period is both 
impractical and unnecessary.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for

[[Page 21991]]

making this rule effective less than 30 days after publication in the 
Federal Register for the same reasons enumerated above.

Basis and Purpose

    On December 28th, 2009 the New York State Department of 
Transportation demolished the Lake Champlain Bridge after an inspection 
showed significant deterioration of the concrete piers supporting the 
bridge as well as extreme wear to the metal structure. For that 
demolition and subsequent debris removal, the Coast Guard established a 
safety zone around the construction site, an exclusion area that 
remains in effect until April 15, 2010 (docket number USCG-2009-1094). 
While the Coast Guard had intended to re-open the area to all traffic 
upon expiration of that safety zone, it is unsafe to do so until the 
debris removal process is complete and the area has been surveyed.
    The New York State Department of Transportation recently requested 
an extension to the original April 15, 2010 deadline for clearing the 
main channel as there have been operational delays that did not allow 
the removal of concrete piers 6 and 7 at an earlier date. As the 
current safety zone does not provide sufficient time for complete 
debris removal and a channel survey, the Coast Guard is establishing 
this temporary safety zone to meet that need.
    A pier explosion is tentatively scheduled for Friday, April 9, 2010 
or Saturday, April 10, 2010 depending on weather and operations 
necessary to place explosive charges on the piers. The pier demolition 
will put additional debris in the navigational channel that must be 
cleared and surveyed prior to vessels transiting through the area.
    This safety zone will extend the current zone by one month (through 
May 15th, 2010) to allow for complete debris removal in the main 
channel as well as a side-scan sonar survey to verify the area is safe 
for navigation. The Captain of the Port will enforce a zone 1500 feet 
to the north and south of the Lake Champlain Bridge construction site. 
The Captain of the Port may suspend part or all of the zone if the 
Coast Guard determines that it is safe to do so or if a channel survey 
is completed prior to May 15th, 2010. The notifications for such an 
event are discussed below under ``List of Subjects''.
    This safety zone is being established to provide for the safety of 
life on the navigable waters by prohibiting entry into an area 
surrounding the Lake Champlain Bridge construction zone during 
continued debris removal.

Discussion of Rule

    This rule establishes a temporary safety zone of 1500 feet to 
either side of the Lake Champlain Bridge construction zone, between 
44[deg]02[min]06[sec] N, 073[deg]25[min]41[sec] W to the north and 
44[deg]01[min]53[sec] N, 073[deg]25[min]06[sec] W to the south. The 
Captain of the Port may suspend enforcement to part or all of this zone 
when deemed safe to do so.
    Entry into this zone by any vessel or person is strictly prohibited 
through Saturday, May 15th, 2010 unless specifically authorized by the 
Captain of the Port, Sector Northern New England.
    The Captain of the Port anticipates little negative impact on 
vessel traffic from this temporary safety zone. This safety zone 
extends the existing limited access area by one month, and it may be 
suspended after completion of a channel survey that verifies the safety 
of the main channel for navigation.
    Additionally, details of the project and safety zone enforcement 
will continue to be made via a Local Notice to Mariners and Broadcast 
Notice to Mariners.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    This rule is not a significant regulatory action because there is 
no commercial traffic in the region, and the locks that allow passage 
through the New York State Canal System do not open until May 1, 2010. 
Until that time, the recreational traffic through the area is minimal. 
Also, traffic will be allowed to pass through the zone with the 
permission of the Coast Guard Captain of the Port.

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 Lake Champlain Transportation Company, and 
the owners or operators of vessels intending to transit or anchor in a 
portion of the navigable waters immediately surrounding the Lake 
Champlain Bridge construction zone between Chimney Point, VT and Crown 
Point, NY.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: There 
is no commercial traffic in the region, and recreational boaters will 
be allowed to pass through the zone with the permission of the Coast 
Guard Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 your 
small business or organization would be affected by this rule and you 
have any questions concerning its provisions or options for compliance, 
please call or e-mail Lieutenant Junior Grade Laura van der Pol, Coast 
Guard Sector Northern New England, Waterways Management Division; 
telephone 207-741-5421, e-mail [email protected].
    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). 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.

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).

[[Page 21992]]

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 (adjusted for 
inflation) 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 cause 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 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the establishment of a 
safety zone. An environmental analysis checklist and a 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. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 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.T10-0271 to read as follows:


Sec.  165.T10-0271  Safety Zone; Extended Debris Removal in the Lake 
Champlain Bridge Construction Zone (between Vermont and New York), 
Crown Point, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters from surface to bottom extending 1500 feet to either side of the 
Lake Champlain Bridge construction zone, marked by coordinates 
44[sec]02[min]06[sec] N, 073[sec]25[min]41[sec] W to the north and 
44[sec]01[min]53[sec] N, 073[sec]25[min]06[sec] W to the south. 
Visually, this area is marked from shore to shore by a line between 
Orchard Point in New York to Hoist Point in Vermont to the north, and a 
line passing through the assigned position of Crown Point Lighted Buoy 
58 (LLNR 39865) at 44[sec]01[min]42[sec] N, 073[sec]24[min]57[sec] W 
and the southern coordinate indicated above. If conditions allow, the 
Coast Guard Captain of the Port, Sector Northern New England may 
suspend enforcement for all or a portion of the safety zone. 
Notification of such a reduction in the safety zone will be made via 
Broadcast Notice to Mariners.
    (b) Regulations. (1) The general regulations in Sec.  165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23, 
entry into or remaining within this safety zone is prohibited unless 
authorized by the Coast Guard Captain of the Port, Sector Northern New 
England.
    (3) Persons desiring to transit the area of the safety zone may 
contact the Captain of the Port, Sector Northern New England Command 
Center at 207-741-3020 or on VHF channel 16 (156.8 MHz) to seek 
permission to transit the zone. If permission is granted, all persons 
and vessels must comply with the instructions of the Captain of the 
Port, Sector Northern New England or his designated representative.
    (c) Effective Period. This section is effective from Friday, April 
16th, 2010 through Saturday, May 15th, 2010. The Captain of the Port 
will notify the maritime community of enforcement of this safety zone 
via Local Notices to

[[Page 21993]]

Mariners and Broadcast Notice to Mariners.

    Dated: April 8, 2010.
B.J. Downey, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Sector Northern New 
England Acting.
[FR Doc. 2010-9680 Filed 4-26-10; 8:45 am]
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