[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Proposed Rules]
[Pages 35900-35903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14645]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0427]
RIN 1625-AA00


Safety Zone; Gilmerton Bridge Center Span Float-in, Elizabeth 
River; Norfolk, Portsmouth, and Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 35901]]

SUMMARY: The Coast Guard proposes establishing a safety zone on the 
navigable waters of the Elizabeth River in Norfolk, Portsmouth, and 
Chesapeake, VA. This action is necessary to provide for the safety of 
life on navigable waters during the Gilmerton Bridge Center Span Float-
in and bridge construction of span placement. This action is intended 
to restrict vessel traffic movement to protect mariners from the 
hazards associated with the float-in and span placement.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 2, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0427 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Hector Cintron, Waterways Management Division 
Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-5581, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0427), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0427) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0427) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

B. Basis and Purpose

    On July 31, 2012 through August 4, 2012 with inclement weather 
dates of August 5, 2012 through August 9, 2012, PCL Civil Construction, 
Inc will remove the existing bascule spans from the Gilmerton Bridge, 
transport the new center span from the Eastern Branch of the Elizabeth 
River at the Campostella Bridge to the Southern Branch of the Elizabeth 
River at the Gilmerton Bridge in Norfolk, Portsmouth, and Chesapeake, 
VA and place the center span at the Gilmerton Bridge in Chesapeake, VA. 
This movement is scheduled to begin at 6 a.m. on July 31, 2012, weather 
permitting. Because of the size of the Barge and the width of the 
waterway, vessels will not be able to transit around the Barge, 
necessitating closure of the entire waterway to the Gilmerton Bridge. 
Due to the need to protect mariners and the public transiting the 
Elizabeth River from hazards associated with the span move and 
construction of span placement, the Coast Guard believes a moving 
safety zone and an extended waterway closure at the Gilmerton Bridge is 
necessary. Access to this area would be restricted for public safety 
purposes.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary moving safety 
zone around the Gilmerton Bridge Center Span barge, restricting vessels 
operating in the Navigable Waters on the Elizabeth River of the United 
States from the Campostella Bridge located in the Eastern Branch of the 
Elizabeth River to

[[Page 35902]]

the confluence of the Esatern Branch and the Southern Branch of the 
Elizabeth River, upriver, through the Southern Branch of the Elizabeth 
River to the Gilmerton Bridge. However, the Coast Guard will reopen the 
down river portions of the waterway as the barge transits upriver. The 
transit is expected to take approximately seven hours. This action is 
necessary to ensure the safety of PCL Construction and vessels 
immediately prior to, during, and following the transit of the span.
    In addition, to the moving safety zone, we propose to establish a 
safety zone at the Gilmerton Bridge starting at 6 a.m. on July 31, 
2012, weather permitting, until work is completed on the placement of 
the center span on the Gilmerton Bridge, estimated closure of the 
waterway to all vessel traffic at the Gilmerton Bridge is until August 
4, 2012, with inclement weather dates of August 5, 2012 through August 
9, 2012. During the removal of the existing structures and installation 
of the new bridge span there is a danger of falling debris. 
Additionally, PCL Construction will be using construction equipment 
that will obstruct the waterway immediately under and adjacent to the 
Gilmerton Bridge. This safety zone is proposed in the interest of 
public safety during span placement at the Gilmerton Bridge and will be 
enforced from 6 a.m. on July 31, 2012, weather permitting, until August 
4, 2012, with inclement weather dates of August 5, 2012 through August 
9, 2012. Access to the safety zone would be restricted during the 
specified dates. Except for vessels authorized by the Captain of the 
Port or his Representative, no person or vessel may enter or remain in 
the safety zone. Coast Guard Captain of the Port will give notice of 
the enforcement of the safety zone by all appropriate means to provide 
the widest dissemination of notice among the affected segments of the 
public. This will include publication in the Local Notice to Mariners 
and Marine Information Broadcasts. Marine information and facsimile 
broadcasts may also be made for these events, beginning 24 to 48 hours 
before the event.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The primary impact of 
these regulations will be on vessels wishing to transit the affected 
waterways during the moving safety zone accompanying the Gilmerton 
Bridge Span Barge and the safety zone at the Gilmerton Bridge beginning 
at 6 a.m. on July 31, 2012 through August 4, 2012, with inclement 
weather dates of August 5, 2012 through August 9, 2012. Although these 
regulations prevent traffic from transiting a portion of the Elizabeth 
River during these events, that restriction is limited in duration, 
affects only a limited area, and will be well publicized to allow 
mariners to make alternative plans for transiting the affected area. 
This regulation is designed to ensure such transit is conducted in a 
safe and orderly fashion.

2. Impact Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. This proposed rule would affect the following entities, 
some of which might be small entities: the owners or operators of 
vessels intending to operate or anchor in portions of the Elizabeth 
River, in Virginia. The regulations would not have a significant impact 
on a substantial number of small entities for the following reasons: 
The restrictions are limited in duration, affect only limited areas, 
and will be well publicized to allow mariners to make alternative plans 
for transiting the affected areas.
    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.

3. 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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LCDR Hector Cintron, Waterways 
Management Division Chief, Sector Hampton Roads, Coast Guard; telephone 
757-668-5581, email [email protected]. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

[[Page 35903]]

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    We have analyzed this proposed 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.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that 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 from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. Upon receipt of consultation comments all 
documentation will be made available in the docket where indicated 
under ADDRESSES. This proposed rule involves establishing a temporary 
safety zone. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

    2. Add Sec.  165.T05-0427 to read as follows:


165.T05-0427  Safety Zone; Gilmerton Bridge Center Span Float-in, 
Elizabeth River; Norfolk, Portsmouth, and Chesapeake, Virginia.

    (a) Regulated Area. The following area is a safety zone:
    Regulated Area 1--All waters of the Eastern Branch of the Elizabeth 
River within 400 feet astern the Gilmerton Bridge Center Span Barge 
extending to the entrance of the Southern Branch of the Elizabeth River 
and then continuing upriver in the Southern Branch of Elizabeth River 
to the Gilmerton Bridge in the vicinity of Norfolk, Portsmouth and 
Chesapeake, VA. As the Gilmerton Bridge Center Span Barge transits 
through the waterway, the down river portions of the waterway will 
reopen.
    Regulated Area 2-All waters of the Southern Branch of the Elizabeth 
River within 400 feet of the existing Gilmerton Bridge in the vicinity 
of Chesapeake, VA.
    (b) Definition: For the purposes of this part, Captain of the Port 
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 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 shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone Number (757) 668-5555.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be enforced starting 
at 6 a.m. on July 31, 2012 through August 4, 2012, with inclement 
weather dates of August 5, 2012 through August 9, 2012.

    Dated: May 31, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-14645 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P