[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 9940-9941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5114]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-97-135]
RIN 2115-AA97
Safety Zone: Swift Creek Channel, Freeport, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone that
includes all waters within 200 yards of the Loop Parkway Bridge which
spans Swift Creek channel, Freeport, NY. The safety zone is needed to
facilitate the construction of the new loop parkway bridge. Entry into
this safety zone is prohibited unless authorized by the Captain of the
Port, Long Island Sound, New Haven, CT.
EFFECTIVE DATE: This temporary regulation is effective on January 9,
1998, from 4 p.m. until April 30, 1998.
ADDRESSES: Documents relating to this temporary final rule are
available for inspection and copying at U.S. Coast Guard Group/MSO Long
Island Sound, 120 Woodward Ave, New Haven, CT 06512. Normal office
hours are between 8 a.m. and 4 p.m., Monday through Friday, except
holidays. Comments may also be faxed to this address. The fax number is
(203) 468-4445.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander T.J. Walker, Chief of Port Operations, Captain of
the Port, Long Island Sound at (203) 468-4444.
SUPPLEMENTARY INFORMATION:
Regulatory History
As authorized by 5 U.S.C. 553, a notice of proposed rulemaking
(NPRM) was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this regulation effective immediately.
Due to the need to ensure vessel safety, this office had insufficient
time to publish proposed rule in advance of the event. Publishing a
NPRM and delaying its effective date would effectively suspend work on
the new bridge which would be contrary to the public interest.
Background and Purpose
At 4 p.m. on January 9, 1998 COTP Long Island Sound established a
safety zone to prevent vessels from transitting the Swift Creek channel
beneath the Loop Parkway bridge as a result of the construction of the
new bridge.The safety zone is needed to facilitate the building of the
center of the bridge and to protect construction personnel and the
maritime community. Entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port.
Regulatory Evaluation
This temporary final 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 rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. Entry into this zone will be prohibited until April 30,
1998. Although this regulation prevents traffic from transiting a
portion of Swift Creek Channel, Freeport, NY, the effect of this
regulation will not be significant for several reasons: There are
alternate routes around the channel; the closure is during the off-
season for recreational boating; and extensive, advance maritime
advisories have been made of the channel closure and will continue to
be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``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.
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard finds that this rule will not have a significant impact
on a substantial number of small entities. If however, you think that
your business or organization qualifies as a small entity and that this
rule will have a significant impact upon your business or organization,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and in what way and to what degree this rule will
economically affect it.
Collection of Information
This 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 action under the principles and
criteria contained in Executive Order 12612, and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B, as revised by 59 FR 38654, July 29, 1994, this
rule is categorically excluded from further environmental
documentation.
A Categorical Exclusion Determination and an Environmental Analysis
Checklist are included in the docket and are available for inspection
or copying at the location indicated under ADDRESSES.
[[Page 9941]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports 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. A temporary section, Sec. 165.T01-135, is added to read as
follows:
Sec. 165.T01-135 Swift Creek Channel, Freeport, NY.
(a) Location. The safety zone includes all waters surrounding the
Loop Parkway Bridge where it spans Swift Creek channel, within a 200
yard distance on either side of the bridge.
(b) Effective date. This section is effective on January 9, 1998,
from 4 p.m. until April 30, 1998, unless terminated sooner by the
Captain of the Port, Long Island Sound.
(c) Regulations. The general regulations contained in Sec. 165.23
apply.
Dated: January 9, 1998.
P.K. Mitchell,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 98-5114 Filed 2-26-98; 8:45 am]
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