[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Proposed Rules]
[Pages 43557-43560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18125]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0642]
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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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 August 14, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0642 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-2012-0642), 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-2012-0642 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-2012-0642 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.

[[Page 43558]]

B. Basis and Purpose

    On September 5, 2012 through September 9, 2012 with inclement 
weather dates of September 10, 2012 through September 14, 2012, PCL 
Civil Construction, INC will facilitate removal of the existing bascule 
spans from the Gilmerton Bridge, transport of the new center span from 
the Eastern Branch of the Elizabeth River at the Campostella Bridge to 
the Southern Branch at the Gilmerton Bridge in Norfolk, Portsmouth, and 
Chesapeake, VA and the placement of the center span at the Gilmerton 
Bridge in Chesapeake, VA. 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 proposes 
to establish a moving safety zone and an extended waterway closure at 
the Glimerton Bridge. 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 from the 
Campostella Bridge located in the Eastern Branch of the Elizabeth River 
to the Gilmerton Bridge beginning. This movement is scheduled to begin 
at 6 a.m. on September 5, 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 down 
river waterway to the Glimerton Bridge. 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 
safety zone at the Gilmerton Bridge starting at 6 a.m. on September 5, 
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 
September 9, 2012, with inclement weather dates of September 10, 2012 
through September 14, 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 Glimerton 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 September 5, 2012, 
weather permitted, until September 9, 2012, with inclement weather 
dates of September 10, 2012 through September 14, 2012. Access to the 
safety zone will 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 13 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 Glimerton 
Bridge Span Barge and the safety zone at the Gilmerton Bridge beginning 
at 6 a.m. on September 5, 2012 through September 9, 2012, with 
inclement weather dates of September 10, 2012 through September 14, 
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

[[Page 43559]]

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.

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 proposed rule 
involves the establishment of a safety zone. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. 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.T05-0642 to read as follows:


Sec.  165.T05-0642  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 behind the Gilmerton Bridge Center Span Barge 
extending to the entrance of the Southern Branch of the Elizabeth River 
and then continuing down river 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 upriver portions of the waterway will reopen.
    Regulated Area 2--All waters of the Southern Branch of the 
Elizabeth River within 400 feet of 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

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radio channel 13 (165.65 Mhz) and channel 16 (156.8 Mhz).
    (d) Enforcement Period: This regulation will be enforced starting 
at 6 a.m. on September 5, 2012 through September 9, 2012, with 
inclement weather dates of September 10, 2012 through September 14, 
2012.

    Dated: July 13, 2012.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-18125 Filed 7-24-12; 8:45 am]
BILLING CODE 9110-04-P