Justia Regulation Tracker

---

[Federal Register: March 31, 2008 (Volume 73, Number 62)]
[Proposed Rules]
[Page 16812-16814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr08-34]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0097]
RIN 1625-AA00

Safety Zone: Thames River, New London, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the federal channel of the Thames River surrounding the Amtrak
Railroad Bridge in the Town of New London, Connecticut. This safety
zone is necessary to protect vessels transiting in the area from
hazards imposed by construction barges and equipment. The barges and
equipment are being utilized to remove the old bascule bridge and
install a new vertical lift span bridge over the Thames River. Entry
into this zone will be prohibited unless authorized by the Captain of
the Port, Long Island Sound.

DATES: Comments and related material must reach the Coast Guard on or
before April 30, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0097 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) 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.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LT D. J. Miller, Chief, Waterways Management, Coast Guard
Sector Long Island Sound, 203-468-4596. 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:

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. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0097), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or 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 them 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. We may change this
proposed rule in view of them.

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 at
any time. Enter the docket number for this rulemaking (USCG-2008-0097)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or U.S. Coast Guard Sector Long Island Sound, 120 Woodward
Ave, New Haven, Connecticut 06512 between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.

[[Page 16813]]

Privacy Act

    Anyone can search the electronic form of all 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one 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.

Background and Purpose

    Currently, there is an Amtrak Railroad bascule bridge over the
Thames River in the Town of New London, Connecticut. Amtrak decided to
replace the 100 year old bascule bridge that crosses the Thames River
with a new lift bridge. In 2005, the Coast Guard approved bridge
construction and issued a permit for bridge construction for the Amtrak
Railroad Bridge over the Thames River. Contractors began work
constructing the two-lift span mechanism for the new bridge in early
June 2005. To complete the construction on the bridge, barges need to
block the navigable federal channel during the removal of the old
bascule bridge and the installation of the new vertical lift span
bridge. To ensure the continued safety of the boating community, the
Coast Guard is establishing a safety zone in all navigable waters of
the federal channel on the Thames River within 300 yards of the bridge.
This proposed rule will effectively close the federal channel for the
duration of the enforcement period; however, vessels that may safely
navigate outside of the federal channel may continue to do so. This
safety zone is necessary to protect the safety of the boating community
who wish to utilize the federal channel on the Thames River in the
vicinity of the Amtrak railroad bridge. Marine traffic may transit
safely outside of the safety zone during the effective dates of the
safety zone, allowing navigation in all other areas of the Thames
River, except the portion delineated by this rule. Additionally, Coast
Guard District One Bridge Branch will be issuing a Deviation to Bridge
Operations for a period both before and after the removal of the span
to facilitate the removal process.

Discussion of Proposed Rule

    This regulation proposes to establish a temporary safety zone on
the navigable federal channel of the Thames River within 300-yards of
the Amtrak Railroad Bridge. This action is intended to prohibit vessel
traffic in a portion of the federal channel on the Thames River in the
Town of New London, Connecticut to provide for the safety of the
boating community due to the hazards posed by significant construction
equipment located in the waterway during the removal of the existing
bascule bridge and installation of a new vertical lift span bridge. The
safety zone will be needed for four consecutive days during the month
of June 2008. Therefore, the safety zone would be in effect from 12:01
a.m. on June 14, 2008 until 11:59 p.m. on June 17, 2008. Notification
for enforcement of the safety zone will be made via notice in the
Federal Register, marine broadcasts and broadcast notice to mariners.
Marine traffic that may safely do so, may transit outside of the safety
zone during the enforcement period, allowing navigation on other
portions of the Thames River no covered by this rule. Entry into this
safety zone would be prohibited unless authorized by the Captain of the
Port, Long Island Sound. Any violation of the safety zone described
herein is punishable by, among others, civil and criminal penalties, in
rem liability against the offending vessel, and license sanctions.

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
regulation may have some impact on the public, but the potential impact
would be minimized for the following reason: vessels may transit in all
areas of the Thames River other than the area of the safety zone with
minimal increased transit time and the safety zone will only be
effective for a four-day period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed 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 Thames River
in the Town of New London, Connecticut covered by the safety zone. For
the reasons outlined in the Regulatory Evaluation section above, this
rule will not have a significant impact on a substantial number of
small entities.
    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.

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 Lieutenant Douglas Miller,
Chief, Waterways Management at (203) 468-4596 or the Command Center at
Coast Guard Sector Long Island Sound, CT, at (203) 468-4444. 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 proposed rule would call 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

[[Page 16814]]

compliance on them. We have analyzed this proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would 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 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.

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.

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.

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.

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

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides 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 not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is 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, and 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. 1226 and 1231; 46 U.S.C. Chapter 701; 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.

    2. Add Sec.  165.T01-0097 to read as follows:

Sec.  165.T01-0097  Safety Zone: Amtrak Railroad Bridge over Thames
River Channel, Town of New London, CT.

    (a) Location. The following area is a safety zone: All navigable
waters of the federal channel on the Thames River in New London, CT,
from surface to bottom, within 300 yards of the Amtrak Railroad 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
Sec.  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
June 14, 2008 to 11:59 p.m on June 17, 2008.
    (e) Enforcement Period. This rule will be enforced for a 4 day
period based on construction plans by Amtrak. Notification of enforcing
the safety zone will be made via notice in the Federal Register, marine
broadcasts and broadcast notice to mariners

    Dated: March 10, 2008.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
 [FR Doc. E8-6472 Filed 3-28-08; 8:45 am]

BILLING CODE 4910-15-P