Safety Zone: Congress Street Bridge, Pequonnock River, Bridgeport, CT, 3372-3375 [2010-1003]
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Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations
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[A] presiding officer’s exercise of his
authority under the reparation rules must ‘‘be
guided by his general responsibility for the
‘fair and orderly conduct of a formal
decisional proceeding.’ ’’ Jenne v. Paine
Webber, Inc., [1987–1990 Transfer Binder]
Comm. Fut. L. Rep. (CCH) ¶ 24,329 at 35,424
(CFTC Aug. 31, 1988) (quoting Commission
Regulation 12.304(a)). * * * The principles
of fairness and orderliness must be
understood in light of Congress’s intent that
our procedures provide an ‘‘inexpensive’’ and
expeditious alternative to the courts and
arbitration. Anderson v. Beach, [2007–2009
Transfer Binder] Comm. Fut. L. Rep. (CCH)
¶ 30,763 at 61,607 (CFTC Feb. 14, 2008).
provisions of the APA, 5 U.S.C. 553,
which generally requires notice of
proposed rulemaking and provides
opportunity for public participation. In
accord with the exemptive language of
5 U.S.C. 553, this policy statement gives
guidance to staff members and affected
parties pertaining to the administration
of reparation proceedings under 17 CFR
part 12. In addition, this policy
statement relates solely to ‘‘rules of
agency * * * practice.’’ Therefore, the
notice requirements under 5 U.S.C. 553
are not applicable.
[Current Transfer Binder] Comm. Fut. L.
Rep. (CCH) ¶ 31,322 at 62,685 (CFTC
Mar. 3, 2009).
Notwithstanding this guidance, we
have noticed that parties in some
matters have been held to an unusually
strict interpretation of the rules of
practice, including nonsubstantive rules
relating to document formatting. As a
result, it is necessary and appropriate to
issue this policy statement to clarify and
provide further guidance to Commission
staff and affected parties.
Rule 12.1(a), 17 CFR 12.1(a), requires
that rules of practice relating to
reparation proceedings under 17 CFR
part 12 ‘‘shall be construed liberally so
as to secure the just, speedy and
inexpensive determination of the issues
presented with full protection for the
rights of all parties.’’
For example, the requirement in Rule
12.11, 17 CFR12.11, for documents filed
with the Proceedings Clerk to be signed
in ink should not be applied literally to
documents filed by e-mail or facsimile.
The formatting requirements need not
be strictly enforced, as long as pleadings
are legible. This policy statement does
not affect the existing right of pro se
parties to file handwritten pleadings. 17
CFR 12.11(c).
In another example, the forum does
not require claimants to cite specific
provisions of the Act, despite language
in Rule 12.13(b)(iv)(A) requiring
complainants to allege ‘‘each and every
act or omission which it is claimed
constitutes a violation of the Act.’’ 17
CFR 12.13(b)(iv)(A). The discussion of
these rules is meant to be illustrative,
not exhaustive. We expect the
Commission’s presiding officers, all of
whom have extensive experience in this
forum, to apply the Part 12 Rules
generally in accordance with Rule
12.1(a).
B. Regulatory Flexibility Act
The Regulatory Flexibility Act
(‘‘RFA’’), 5 U.S.C. 601 et seq., requires
agencies with rulemaking authority to
consider the impact those rules will
have on small businesses. With respect
to persons involved in reparations
proceedings, the interpretive rule
imposes no additional burden, and in
fact provides greater flexibility in
complying with Part 12. Thus, the
Chairman, on behalf of the Commission,
hereby certifies, pursuant to 5 U.S.C.
605(b), that this policy statement will
not have a significant economic impact
on a substantial number of small
businesses.
III. Related Matters
A. No Notice Required Under 5 U.S.C.
553
The Commission has determined that
this policy statement is exempt from the
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enumerated areas of concern, and can,
in its discretion determine that
notwithstanding its costs, a particular
rule is necessary or appropriate to
protect the public interest, or to
effectuate any of the provisions, or
accomplish any of the purposes, of the
Commodity Exchange Act.
This policy statement will not create
any significant change in the
Commission’s reparation proceedings.
This statement will enhance the
protection of market participants and
the public by providing greater
flexibility in complying with Part 12.
This statement will make it easier for
parties to participate in reparations
proceedings, either as complainants or
respondents. The cost-benefit factors are
not influenced by this policy statement,
which simply articulates and clarifies
applicable law and precedent in
reparation proceedings.
Issued in Washington, DC, on January 14,
2010, by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010–1101 Filed 1–20–10; 8:45 am]
BILLING CODE 6351–01–P
C. Paperwork Reduction Act
This policy statement concerning Part
12 does not impose a burden within the
meaning and intent of the Paperwork
Reduction Act of 1980, 44 U.S.C. 3501
et seq.
DEPARTMENT OF HOMELAND
SECURITY
D. Cost-Benefit Analysis
Section 15(a) of the Act, 7 U.S.C.
19(a), requires the Commission to
consider the costs and benefits of its
actions before issuing a new regulation.
The Commission understands that by its
terms, Section 15(a) does not require it
to quantify the costs and benefits of a
new regulation or to determine whether
the benefits of the regulation outweigh
its costs. Nor does it require that each
rule be analyzed in isolation when that
rule is a component of a larger package
of rules or rule revisions. Rather,
Section 15(a) simply requires the
Commission to ‘‘consider the costs and
benefits’’ of its action.
Section 15(a) further specifies that
costs and benefits shall be evaluated in
light of five broad areas of market and
public concern: (1) Protection of market
participants and the public; (2)
efficiency, competiveness, and financial
integrity of futures markets; (3) price
discovery; (4) sound risk management
practices; and (5) other public interest
considerations. Accordingly, the
Commission can, in its discretion, give
greater weight to any one of the five
RIN 1625–AA00
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–1072]
Safety Zone: Congress Street Bridge,
Pequonnock River, Bridgeport, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
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to https://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, Christie.M.Dixon@uscg.mil. 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
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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 rerouted 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
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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
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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,
christie.m.dixon@uscg.mil. 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).
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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.
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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
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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.
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
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;
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Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
DEPARTMENT OF EDUCATION
34 CFR Subtitle B, Chapter II
2. Add § 165.T01–1072 to read as
follows:
■
[Docket ID ED–2009–OESE–0010]
RIN 1810–AB06
§ 165.T01–1072 Safety Zone: Congress
Street Bridge, Pequonnock River,
Bridgeport, Connecticut.
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(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 § 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
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School Improvement Grants; American
Recovery and Reinvestment Act of
2009 (ARRA); Title I of the Elementary
and Secondary Education Act of 1965,
as Amended (ESEA)
ACTION: Interim final requirements for
School Improvement Grants authorized
under section 1003(g) of Title I of the
ESEA; request for comments.
SUMMARY: The U.S. Secretary of
Education (Secretary) amends the final
requirements for School Improvement
Grants (SIG) authorized under section
1003(g) of Title I of the ESEA and
funded through both the Consolidated
Appropriations Act, 2009 (Pub. L. 111–
8) and the ARRA to incorporate new
authority included in the Consolidated
Appropriations Act, 2010 (Pub. L. 111–
117) applicable to fiscal year (FY) 2010
SIG funds and FY 2009 ARRA SIG
funds. Specifically, the Consolidated
Appropriations Act, 2010 expands the
group of schools that are eligible to
receive SIG funds. In addition, the
Consolidated Appropriations Act, 2010
raises the maximum amount of SIG
funds that a State educational agency
(SEA) may award to a local educational
agency (LEA) for each participating
school from $500,000 to $2,000,000.
This notice incorporates these changes
into the final SIG requirements that the
Department published on December 10,
2009.
DATES: These requirements are effective
February 8, 2010. We must receive your
comments by February 22, 2010.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or by e-mail. Please
submit your comments only one time, in
order to ensure that we do not receive
duplicate copies. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov to submit
your comments electronically.
Information on using Regulations.gov,
including instructions for accessing
agency documents, submitting
comments, and viewing the docket, is
available on the site under ‘‘How To Use
This Site.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these interim final
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3375
requirements, address them to Dr. Zollie
Stevenson, Jr., U.S. Department of
Education, 400 Maryland Avenue, SW.,
room 3W320, Washington, DC 20202.
Privacy Note: The Department’s
policy for comments received from
members of the public (including those
comments submitted by mail,
commercial delivery, or hand delivery)
is to make these submissions available
for public viewing in their entirety on
the Federal eRulemaking Portal at
https://www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available on the Internet.
FOR FURTHER INFORMATION CONTACT: Dr.
Zollie Stevenson, Jr. Telephone: 202–
260–0826 or by e-mail:
Zollie.Stevenson@ed.gov.
If you use a telecommunications
device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at
1–800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or computer diskette) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation to Comment:
We invite you to submit comments
regarding these interim final
requirements. To ensure that your
comments have maximum effect in
developing the final requirements, we
urge you to identify clearly the specific
section or sections of the interim final
requirements that each of your
comments addresses and to arrange your
comments in the same order as the
interim final requirements.
We invite you to assist us in
complying with the specific
requirements of Executive Order 12866
and its overall requirement of reducing
regulatory burden that might result from
these interim final requirements. Please
let us know of any further opportunities
we should take to reduce potential costs
or increase potential benefits while
preserving the effective and efficient
administration of the SIG program.
During and after the comment period
you may inspect all public comments
about these interim final requirements
by accessing Regulations.gov. You may
also inspect the comments, in person, in
room 3W100, 400 Maryland Avenue,
SW., Washington, DC, between the
hours of 8:30 a.m. and 4:00 p.m.,
Washington, DC time, Monday through
Friday of each week except Federal
holidays.
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]]>Agencies
[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Rules and Regulations]
[Pages 3372-3375]
From the Federal Register Online via the Government Printing 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 https://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,
Christie.M.Dixon@uscg.mil. 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
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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, christie.m.dixon@uscg.mil. 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
