[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Rules and Regulations]
[Pages 51597-51599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20480]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0843]
RIN 1625-AA00


Safety Zone: Wantagh Parkway 2 Bridge over the Goose Creek 
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 on the 
navigable waters of Goose Creek Channel surrounding the Wantagh Parkway 
2 Bridge located in the Town of Hempstead, New York. This safety zone 
is necessary to protect vessels transiting in the area from hazards 
imposed by construction barges and equipment. Entry into this zone is 
prohibited unless authorized by the Captain of the Port, Long Island 
Sound, New Haven, CT.

DATES: This rule will be effective from 12:01 a.m. on September 2, 2008 
until 11:59 p.m on December 31, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0843 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: 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, USCG Sector Long 
Island Sound, 120 Woodward Ave., New Haven, CT 06512 between 9 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call LT Douglas Miller, USCG Sector Long Island Sound, 
Chief Waterways Management at 203-468-4569. 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 because unforeseen delays in the construction 
and removal of the Wantagh 3 Bridge forced the original construction 
dates for the Wantagh 2 Bridge to be modified which in turn makes the 
publication of a notice of proposed rulemaking and associated comment 
period impractical; additional repair and replacement work are needed 
to ensure the continued safe operation of the bridge.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. A delay is not in the public 
interest as this safety zone is necessary to allow for completion of 
this bridge construction project.

Background and Purpose

    Currently, the New York Department of Transportation is modifying 
the existing bascule and flanking spans of the Wantagh 2 Bridge located 
over the Goose Creek Channel in the Town of Hempstead, NY. These 
modifications are needed to ensure the continued safe operation of the 
bridge. To complete the modifications on the bridge, barges will need 
to block the waterway during the course of the project. To ensure the 
continued safety of the boating community, the Coast Guard is 
establishing a safety zone in all waters of Goose Creek Channel within 
100-yards of the Wantagh Parkway Number 2 Bridge. This safety zone is 
necessary to protect the safety of the boating community who wish to 
utilize the Goose Creek channel. Vessels may utilize the Sloop Channel 
as an alternative route to using the Goose Creek 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 Goose Creek Channel, except the 
portion delineated by this rule.

Discussion of Rule

    This regulation establishes a temporary safety zone on the Goose 
Creek Channel within 100-yards to either side of the Wantagh 2 Bridge. 
This action is intended to prohibit vessel traffic in a portion of the 
Goose Creek Channel within 100 yards of the Wantagh 2 Bridge in the 
Town of Hempstead, NY and to provide for the safety of the boating 
community due to the hazards posed by construction equipment located in 
the waterway during the modification of the existing span.
    The effective period of this safety zone will be from 12:01 a.m. 
September 2, 2008 to 11:59 p.m. on December 31, 2008. Marine traffic 
may continue to transit safely outside of the safety zone during the 
effective dates of the safety zone, allowing navigation in the Goose 
Creek 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.
    Any violation of the safety zone described herein is punishable by,

[[Page 51598]]

among other things, civil and criminal penalties, in rem liability 
against the offending vessel, and the initiation of suspension or 
revocation proceedings against Coast Guard-issued merchant mariner 
credentials.

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 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 Goose Creek 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 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 may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit in those portions of the Goose Creek that are covered by the 
safety zone.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking. If this rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please call LT 
Douglas Miller, Chief Waterway Management, Sector 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). 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).

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. 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 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.

[[Page 51599]]

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
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), of the Instruction, from further environmental 
documentation as it establishes a safety zone. A final environmental 
analysis checklist 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, and Waterways.

0
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

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, 6.04-1, 6.04-6, and 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0843 to read as follows:


Sec.  165.T01-0843  Safety Zone: Wantagh Parkway 2 Bridge over the 
Goose Creek Channel, Town of Hempstead, New York.

    (a) Location. The following area is a safety zone: All navigable 
waters of the federal channel on the Goose Creek Channel in Town of 
Hempstead, NY, from surface to bottom, within 100 yards to either side 
of the Wantagh 2 Bridge.
    (b) Definitions. The following definitions apply to this section: 
Designated on-scene patrol personnel, means any commissioned, warrant 
and petty officers of the U.S. Coast Guard operating Coast Guard 
vessels who has been authorized to act on the behalf of the Captain of 
the Port, Long Island Sound.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Long Island Sound.
    (3) All persons and vessels must comply with the Coast Guard 
Captain of the Port or the designated on-scene patrol personnel.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel must proceed 
as directed.
    (5) Persons and vessels may request permission to enter the zone on 
VHF-16 or via phone at (203) 468-4401.
    (d) Effective Period. This rule is effective from 12:01 a.m. on 
September 2, 2008 to 11:59 p.m on December 31, 2008.

    Dated: August 15, 2008.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
 [FR Doc. E8-20480 Filed 9-3-08; 8:45 am]
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