[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Rules and Regulations]
[Pages 3372-3375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1003]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-1072]
RIN 1625-AA00


Safety Zone: Congress Street Bridge, Pequonnock River, 
Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters surrounding the Congress Street Bridge over the Pequonnock River 
in Bridgeport, Connecticut. This zone is necessary to protect vessels 
transiting in the area from hazards imposed by construction barges and 
equipment that are being utilized for partial demolition of the 
Congress Street Bridge. Entry into this zone is prohibited unless 
authorized by the Captain of the Port Long Island Sound, New Haven, 
Connecticut.

DATES: This rule is effective from 11:59 p.m. on January 31, 2010, 
through 11:59 p.m. on April 16, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-1072 and are available online 
by going

[[Page 3373]]

to http://www.regulations.gov, inserting USCG-2009-1072 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail, Chief Petty Officer Christie Dixon, 
Prevention Department, USCG Sector Long Island Sound at 203-468-4459, 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action is necessary to 
protect the public from the dangers inherent in the bridge demolition 
project. Also, establishing a safety zone on the Pequonnock River at 
this time of year should not hinder any appreciable recreational 
traffic and commercial traffic does not transit the portion of the 
river that will be impacted by the closure. The need for immediate 
action to protect the public makes a comment period impractical as a 
delay in the bridge demolition is contrary to public interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. In addition to the reasons stated 
above, any delay encountered in the temporary rule's effective date 
would be contrary to the public interest given the immediate need to 
minimize danger to mariners prior to, during, and after demolition.

Background and Purpose

    The Congress Street Bridge, owned by the City of Bridgeport, was 
closed in January 1999 due to deterioration of the structural and 
mechanical/electrical components. It is approximately 419 feet from 
abutment face to abutment face and consists of a center movable span 
and two fixed spans on each approach. The center movable span is a 
double leaf rolling bascule span. The bascule span was opened to allow 
marine traffic to pass and the leaves locked into the open position.
    From January 1, 2010 through May 15, 2010 the City of Bridgeport's 
Engineering Department will be removing both bascule spans and the 
associated operating machinery of the Bridge. The existing fender 
system will remain in place and power will be re-routed on the bridge 
to allow the existing navigation lights to continue to function during 
and after construction. Mariners are advised to transit the area with 
extreme caution during this time.
    The Coast Guard is establishing a safety zone in all waters of the 
Pequonnock River within 100-yards to either side of the Congress Street 
Bridge from February 1, 2010 through April 16, 2010 during the removal 
of the bascule spans. This portion of the Pequonnock River will be 
closed to all marine traffic due to construction hazards posed to 
recreational vessels attempting to transit the waterway. This safety 
zone is necessary to protect the safety of the boating community who 
wish to utilize the Pequonnock River during demolition. With the 
exception of the Bridgeport Fire Rescue Boats, entry into this zone is 
prohibited unless authorized by the Captain of the Port, Long Island 
Sound.

Discussion of Rule

    This regulation establishes a temporary safety zone on the waters 
of the Pequonnock River, at mile 0.4 within 100-yards to either side of 
the Congress Street Bridge. This action is intended to prohibit vessel 
traffic in a portion of the Pequonnock River in the City of Bridgeport, 
Connecticut to provide for the safety of the boating community due to 
the hazards posed by significant construction equipment and barges 
located in the waterway for the partial demolition of the bridge. The 
safety zone is being established from 11:59 p.m. on January 31, 2010, 
to 11:59 p.m. on April 16, 2010. Marine traffic may continue to transit 
the area during the January 1 to January 31 and April 17 to May 15 
portions of the project. While the channel is open and the safety zone 
is not in place, mariners are still advised to transit the area with 
extreme caution. In the event of an emergency, a ten (10) foot wide 
passage will be maintained for the duration of the project exclusively 
for the passage of Bridgeport Fire Rescue boats. With the exception of 
these Fire Rescue boats, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Long Island Sound.
    Any violation of the safety zone described herein is punishable by, 
among other things, civil and criminal penalties, in rem liability 
against the offending vessel, and the initiation of suspension or 
revocation proceedings against Coast Guard-issued merchant mariner 
credentials.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This 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 will be minimal for the following reasons: We do not 
anticipate that there will be any appreciable recreational traffic 
during the time the project will be taking place and commercial traffic 
does not transit the portion of the Pequonnock River that will be 
impacted by the closure. Vessels may transit in all areas of the 
Pequonnock River other than the area delineated for the safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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

[[Page 3374]]

governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in those portions of the Pequonnock River in the city 
of Bridgeport, 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 offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. 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, Chief Petty Officer Christie 
Dixon, Prevention Department, USCG Sector Long Island Sound at 203-468-
4459, [email protected]. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

Collection of Information

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

Taking of Private Property

    This rule will not affect 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this temporary final rule under Department of 
Homeland Security Management Directive 023-01 and Commandant 
Instruction M16475.lD, which guide the Coast Guard in complying with 
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f), and have concluded this action is one of a category of actions 
which do not individually or cumulatively have a significant effect on 
the human environment. This rule involves creation of a regulation that 
establishes a safety zone and therefore is categorically excluded, 
under figure 2-1, paragraph (34)(g), of the Instruction. An 
environmental analysis checklist and a categorical exclusion 
determination will be available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;

[[Page 3375]]

Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-1072 to read as follows:


Sec.  165.T01-1072  Safety Zone: Congress Street Bridge, Pequonnock 
River, Bridgeport, Connecticut.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Pequonnock River in Bridgeport, Connecticut, from surface 
to bottom, within 100 yards to either side of the Congress Street 
Bridge.
    (b) Definitions. The following definitions apply to this section: 
Designated on-scene patrol personnel, means any commissioned, warrant, 
and petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, State, and Federal law enforcement vessels who 
have 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 
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 (COTP), Long Island Sound.
    (3) All persons and vessels must comply with the Coast Guard 
Captain of the Port or designated on-scene patrol personnel.
    (4) Upon being hailed by siren, radio, flashing light or other 
means from a U.S. Coast Guard vessel or other vessel with on-scene 
patrol personnel aboard, the operator of the vessel shall 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 dates. The safety zone is being established from 
11:59 p.m. on January 31, 2010, to 11:59 p.m. on April 16, 2010. Marine 
traffic may continue to transit the area during the January 1 to 
January 31 and April 17 to May 15 portions of the project. While the 
channel is open and the safety zone is not in place, mariners are still 
advised to transit the area with extreme caution.

    Dated: December 29, 2009.
D.A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-1003 Filed 1-20-10; 8:45 am]
BILLING CODE 9110-04-P