[Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)]
[Rules and Regulations]
[Pages 4053-4054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1882]


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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.

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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 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. 99-1882 Filed 1-26-99; 8:45 am]
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