[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