[Federal Register Volume 61, Number 51 (Thursday, March 14, 1996)]
[Proposed Rules]
[Pages 10493-10494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6056]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 165
[CGD 05-96-008]
RIN 2115-AA97
Safety Zones: Elizabeth River and York River, VA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish three temporary
safety zones on the Elizabeth and York Rivers during the dismantling
and replacement of the Coleman Bridge. The proposed safety zones would
include moving zones around the tugs and tows carrying the bridge spans
as they transit the thirty miles between Norfolk International
Terminals (NIT) and the Coleman Bridge, a stationary zone in the
Elizabeth River at NIT, and a stationary in the York River at the
Coleman Bridge. The safety zones are needed to ensure the safety of
mariners operating in the vicinity and to ensure the safety of all
personnel involved with the movement of the bridge spans.
DATES: Comments must be received on or before April 3, 1996.
ADDRESSES: Comments may be mailed to Commanding Officer, Marine Safety
Office Hampton Roads, 200 Granby Street, Norfolk, VA 23510, or may be
delivered to suite 700 at the same address between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(804) 441-3290.
Comments will become part of the docket for this rulemaking and
will be available for inspection or copying at suite 700, Marine Safety
Office Hampton Roads between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Katherine Weathers, Chief, Port Safety and Security Branch,
(804) 441-3290.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 05-96-008) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Persons wanting acknowledgment of receipt of comments
should enclose stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Commanding Officer, Marine Safety Office
Hampton Roads at the address under ADDRESSES. The request should
include the reasons why a hearing would be beneficial. If it determines
that the opportunity for oral presentations will aid this rulemaking,
the Coast Guard will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The Coleman Bridge, which crosses the York River, connecting
Yorktown, Virginia to Gloucester, Virginia, is scheduled to be
dismantled and replaced during April and May 1996. The new bridge is
being constructed in six sections at NIT. These six spans will then be
transported via barge thirty miles to the existing bridge site. The
existing bridge will be dismantled in six sections and transported to
NIT by the same method. The bridge spans range between 210 feet long
and 559 feet long and will be resting perpendicular to the barges
transporting them. Due to the size of the tows, the distance to be
covered, and the busy port area in which the tows will be transiting,
moving safety zones around the bridge spans while in transit and
stationary safety zones at both NIT and the bridge site are necessary
to protect those in the maritime community operating in the vicinity
and those taking part in the project.
Discussion of Proposed Rule
The Coast Guard is proposing to establish a 500-yard moving safety
zone around the tugs and tows transporting the bridge spans being used
in the Coleman Bridge Replacement Project. Tows consisting of two or
three barges abreast connected by pipe bracing and tension rods will be
pulled by two tugs. The bridge spans will sit perpendicular to the
barges atop steel towers simulating the height of the bridge piers. The
barges are specially configured for the carriage of these spans and
will be severely restricted in their ability to maneuver and
susceptible to wake damage. Therefore, these moving safety zones are
needed while the vessels transit each way between NIT and the Coleman
Bridge in both loaded and unloaded conditions.
The stationary zones are needed at both the Coleman Bridge and at
NIT
[[Page 10494]]
where the new spans are currently located. The proposed safety zone at
the Coleman Bridge will consist of a 1000 yard zone, extending west
upstream 500 yards from the bridge and east downstream 500 yards from
the bridge. This safety zone would be in effect during the entire
dismantling and replacement evolution. The proposed safety zone at NIT
would include all waters within a line connecting red buoy 12 to red
buoy 14, from buoy 12 due east across the Norfolk Harbor Reach of the
Elizabeth River to land, and from buoy 14 due east across the reach to
land. This proposed safety zone would only be enforced during the
loading and unloading of the spans.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include: (1) Small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields; and (2) governmental jurisdictions
with populations of less than 50,000. Because it expects the impact of
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under paragraph 2.B.2.e(34) of Commandant
Instruction M16475.1B (as revised by 59 FR 38654; July 29, 1994), this
proposal is categorically excluded from further environmental
documentation. A ``Categorical Exclusion Determination'' is available
in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Rule
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.
2. A temporary Sec. 165.T05-008 is added to read as follows:
Sec. 165.T05-008 Safety Zone: James River, Elizabeth River, Chesapeake
Bay, Port of Hampton Roads, VA.
(a) Location: The following areas are safety zones:
(1) All waters within 500 yards of any tug and tow involved in
moving the Coleman Bridge spans while in both loaded and unloaded
condition while transiting in either direction between Norfolk
International Terminals (NIT) located on the Elizabeth River at the
Norfolk Harbor Reach and the Coleman Bridge, which crosses the York
River connecting Yorktown, Virginia with Gloucester Point, Virginia.
(2) All waters within 500 yards upstream and 500 yards downstream
of the Coleman Bridge in the York River.
(3) All waters within a line connecting red buoy 12 to red buoy 14,
and a line drawn due east from buoy 12 due east across the Norfolk
Harbor Reach of the Elizabeth River to land, and from buoy 14 due east
across the reach to land. This zone will be enforced during the loading
and unloading of the bridge spans at NIT.
(b) Effective date: This section is effective from 10 p.m. on April
26, 1966 to 10 p.m. May 30, 1996, unless sooner terminated by the
Captain of the Port.
(c) Definitions:
Captain of the Port means the Captain of the Port of Hampton Roads,
VA.
Designated representative of the Captain of the Port means any
Coast Guard commissioned, warrant, or petty officer who has been
authorized by the Captain of the Port Hampton Roads to act on his
behalf.
(d)(1) In accordance with the general provisions in Secs. 165.23
and 165.501 of this part, entry into the zones described in paragraph
(a) of this section is prohibited unless authorized by the Captain of
the Port or his designated representative. The general requirements of
Secs. 165.23 and 165.501 also apply to this section.
(2) Persons or vessels requiring entry into or passage through the
safety zones must first request authorization from the Captain of the
Port or his designated representative. The Coast Guard vessels
enforcing the safety zone can be contacted on VHF Marine Band Radio,
channels 13 and 16. The Captain of the Port's representative at the
Marine Safety Office, Hampton Roads, VA, can be contacted at telephone
number (804) 441-3314.
(e) The Captain of the Port will notify the public of vessel
movements and changes in the status of these zones by Marine Safety
Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz).
Dated: February 29, 1996.
Dennis A. Sande,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 96-6056 Filed 3-13-96; 8:45 am]
BILLING CODE 4910-14-M
