Ports and waterways safety: Swift Creek Channel, NY,

[Federal Register: January 27, 1999 (Volume 64, Number 17)]

[Rules and Regulations]

[Page 4053-4054]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27ja99-7]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-184]

RIN 2115-AA97

Safety Zone: Swift Creek Channel, Freeport, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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 regulation is effective on January 1, 1999, from 8 a.m. until March 1, 1999.

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.

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

A notice of proposed rulemaking (NPRM) was not published for this regulation. In keeping with the requirements of 5 U.S.C. 553(d)(3), the Coast Guard also finds that good cause exists for making this regulation effective less than 30 days after publication in the Federal Register. Due to construction requirements, this office had insufficient time to publish a proposed rule in advance of the event. Publishing a NPRM and delaying the effective date would effectively suspend work on the new bridge, which would be contrary to the public interest.

Background and Purpose

A safety zone preventing vessels from transiting the Swift Creek channel beneath the Loop Parkway bridge because of construction of a new bridge has been in effect since September 8, 1998 and will expire on December 31, 1998. The safety zone has been needed to facilitate the building of the center of the bridge and to protect construction personnel and the maritime community. Construction of the new bridge has not been completed and therefore and additional safety zone preventing vessels from transiting the Swift Creek channel is needed. Entry into or movement within this zone is prohibited unless authorized by the Captain of the Port.

[[Page 4054]]

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 March 1, 1999. 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 alternative 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 considered whether this rule will have significant economic impact on a substantial number of small entities. ``Small entities'' include small businesses that are independently owned and operated and are not dominant in their fields, not-for profit organizations and governmental jurisdictions with populations of less than 50,000. For the reasons addressed under the Regulatory Evaluation above, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary final rule will not have a significant economic impact on a substantial number of small entities.

Collection of Information

This temporary final rule does not provide for a collection of information 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 figure 2-1, paragraph 34(g) of Commandant Instruction ``M16475.1.C.'', this temporary final rule is categorically excluded from further environmental documentation.

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, 165.T01-184, is added to read as follows:

   Sec. 165.T01-184 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 1, 1999, from 8 a.m. until March 1, 1999.

   (c) Regulations. The general regulations contained in section 165.23 apply. P.K. Mitchell, Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.

   [FR Doc. 99-1882Filed1-26-99; 8:45 am]

   BILLING CODE 4910-15-M