[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16714-16715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9435]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD 05-96-015]
RIN 2115-AA97
Safety Zone: Elizabeth and York Rivers, VA
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
during the movement of a bridge span to be used in the replacement of
the Coleman Bridge. The safety zone will consist of all waters area
within 500 yards of the tugs and tow moving the bridge span as they
transit the thirty miles between Norfolk International Terminals (NIT)
on the Elizabeth River and the Coleman Bridge on the York River. The
safety zone is 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.
EFFECTIVE DATES: This rule is effective from March 26, 1996 to April
24, 1996 unless sooner terminated by the Captain of the Port, Hampton
Roads, Virginia.
FOR FURTHER INFORMATION CONTACT: Lieutenant Katherine Weathers, Chief,
Port Safety and Security Branch, (804) 441-3290.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of
Proposed Rule Making (NPRM) was not published for this rule and good
cause exists for making it effective less than 30 days after Federal
Register publication. Publishing an NPRM and delaying its effective
date would be contrary to the public interest since the safety zone is
necessary to protect those in the maritime community operating in
vicinity of this tow and those taking part in the operation. Due to
structural design and time restrictions, it was determined by the
contractor that the new south suspended span of the Coleman Bridge
should be moved to the existing bridge site and anchored in the York
River earlier than previously scheduled. The Coast Guard's decision to
establish this moving safety zone without an NPRM and less than 30 days
after its publication in the Federal Register was based upon this
recent change in the contractor's schedule. In a related rulemaking, an
NPRM was
[[Page 16715]]
published on March 14, 1996 in the Federal Register (61 FR 10493)
discussing proposed safety zones for other parts of the Coleman Bridge
Replacement Project to begin April 27, 1996.
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 Norfolk International Terminal.
These six spans will then be transported via barge thirty miles to the
existing bridge site. Prepositioning of these new spans at the bridge
site in the York River will help reduce the amount of time the bridge
will be closed to vehicle traffic. The bridge spans range between 210
feet long and 559 feet long and will be resting perpendicular to the
barges transporting them. On March 26, 1996, the first new bridge
section, a 210-foot suspended span, is scheduled to be moved from NIT
to the existing bridge site via barge where it will be anchored until
May when the bridge is dismantled and replaced. Due to the size of the
tow, the distance to be covered, and the busy port area in which the
tow will be transiting, a moving safety zone around the bridge span
while in transit is necessary to protect those in the maritime
community operating in the vicinity and those taking part in the
project.
Discussion of Temporary Rule
The Coast Guard is establishing a 500-yard moving safety zone
around the tugs and tows transporting the first span, a 210-foot
suspended span, to be used in the Coleman Bridge Replacement Project. A
tow consisting of two 180-foot barges rigidly connected in a catamaran
configuration will be pushed by two tugs. The bridge span 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 this span and will be severely restricted in their ability to
maneuver and susceptible to wake damage. Therefore, this moving safety
zone will be in effect during the entire thirty mile transit between
NIT and the Coleman Bridge until the barges are anchored at their
destination in the York River.
Regulatory Evaluation
This temporary rule 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 temporary rule 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 temporary rule 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
temporary rule to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this temporary rule, if adopted, will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This temporary rule 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 temporary rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this temporary rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
temporary rule 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 temporary rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 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; 49 CFR 1.46.
2. Temporary Sec. 165.T05-015 is added to read as follows:
Sec. 165.T05-015 Safety Zone: James River, Elizabeth River, Chesapeake
Bay, Port of Hampton Roads, VA.
(a) Location: The following area is a safety zone:
(1) All waters within 500 yards of any tug and tow involved in
moving the 210-foot suspended span to be used in the replacement of the
Coleman Bridge while this tow transits 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.
(b) Definitions:
Captain of the Port means the Captain of the Port of Hampton Roads,
VA or 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.
(c)(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. The general requirements of Secs. 165.23 and 165.501 also
apply to this section.
(2) Persons or vessels requiring entry into a passage through this
safety zone must first request authorization from the Captain of the
Port. 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 may be contacted at telephone number (804) 441-3314 or at the
Marine Safety Office, Hampton Roads, VA.
(d) The Captain of the Port will notify the public of the safety
zone and changes in the status of this zone by Marine Safety Broadcast
on VHF Marine Band Radio, Channel 22 (157.1 MHz).
Dated: March 25, 1996.
Dennis A. Sande,
Captain, Captain of the Port.
[FR Doc. 96-9435 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M
