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Safety Zone; Route 1 Bascule Bridge, Mystic River, Mystic, CT
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 7, 2001 (Volume 66, Number 216)]
[Rules and Regulations]
[Page 56214-56216]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no01-10]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-197]
RIN 2115-AA97
Safety Zone; Route 1 Bascule Bridge, Mystic River, Mystic, CT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on all
waters of the Mystic River within 100 feet of both the north and south
side of the Mystic River Route 1 Bascule Bridge in Mystic, CT. This
safety zone will prevent marine traffic from transiting beneath the
bridge while it is being renovated. The safety zone is needed to enable
the placement of construction barges in close proximity of the bridge,
thus blocking the waterway, and to protect marine traffic from the
hazards associated with this operation.
DATES: This rule is effective from 7 a.m. (EST) on December 1, 2001 to
7 a.m. (EST) on April 15, 2002. Comments and related material must
reach the Coast Guard Group/Marine Safety Office Long Island Sound,
Waterways Management Branch, on or before December 7, 2001.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of docket CGD01-01-197 and will be available for
inspection or copying at Coast Guard Group/Marine Safety Office Long
Island Sound, Waterways Management Branch, 120 Woodward Avenue, New
Haven, CT between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Pamela P.
Garcia, Waterways Management Branch, Group/MSO Long Island Sound,
telephone (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number (CGD01-01-197), indicate the
specific section of this document to which each comment applies, and
give the reason for each comment. You may submit your comments and
material by mail or hand delivery to Coast Guard Group/Marine Safety
Office Long Island Sound, Waterways Management Branch, at the address
under ADDRESSES in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you would like
to confirm receipt of your comments or material, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
material received during the comment period. We may change this rule in
view of them.
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The safety zone is being
established to enable the continued renovation of the Mystic River
Route 1 Bascule Bridge. This operation is the final phase of a multi-
year bridge renovation project. The project was divided into two phases
to help alleviate the burden upon local mariners. The renovation takes
place during the winter months when recreational boating traffic is
minimal.
At the outset of the project, the State of Connecticut Department
of Transportation held two public information meetings to discuss the
need for and timing of a safety zone that effectively closes the
navigable channel beneath the bridge. No opposition to the proposed
dates was received. In addition, Connecticut DOT corresponded with a
number of known waterway users for the same purpose. No objections to
the proposed dates were registered.
The first phase of the project requiring channel closure began
December 1, 2000 and ended April 15, 2001. The closure period during
the winter months had minimal impact on the needs of navigation. No
complaint or objection was registered by any waterway users. Similarly,
the effective dates of the present safety zone should have minimal
impact on navigation. Accordingly, we determined that it was
unnecessary to engage in the NPRM process for the waterway closure
during the effective period of this rule. The public is invited to
submit comments during the prescribed period. We may change this rule
after consideration of any comments we receive.
Under 5 U.S.C. 553(d), we have determined that good cause exists
for making this rule effective less than 30 days following its
publication in the Federal Register. Construction crews will begin
rehabilitation work on the bridge December 1, 2001. Any delay in the
effective date of the safety zone beyond the start of construction
would be contrary to the public interest insofar as that work may pose
hazards to mariners who would otherwise pass beneath the bridge.
Background and Purpose
The Coast Guard is establishing a temporary safety zone on all
waters of the Mystic River within 100 feet of both the north and south
side of the Mystic River Route 1 Bascule Bridge, located in approximate
position 41 deg.21'3" N, 071 deg.58'1" W. This safety zone is effective
from 7 a.m. (EST) on December 1, 2001 to 7 a.m. (EST) on April 15,
2002. The safety zone will enable the state of Connecticut to complete
the second phase of a two-year bridge renovation project that began in
December 2000. A large construction barge will be placed near the
bridge during renovation work thus blocking the waterway and preventing
mariners from transiting through this portion of the Mystic River. The
safety zone is also necessary to prevent mariners from the hazards
associated with renovation and rehabilitation work on the bridge.
Regulatory Evaluation
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
[[Page 56215]]
and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it 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).
Although this regulation prevents traffic from transiting a portion
of the Mystic River, the effect of this regulation will not be
significant for the following reasons: The bridge will not open to
traffic during the construction period, therefore potential traffic
will be limited to those vessels that could fit under the closed
bridge; commercial traffic on the Mystic River north of the Route 1
Bascule Bridge is very limited; recreational traffic is minimal during
the time of year the construction will occur; extensive advance
notifications will be made to the maritime community via the Local
Notice to Mariners, and marine information broadcasts; and prior to
commencement of phase-one of this construction project the Mystic River
Chamber of Commerce Task Group conducted several open meetings and
communicated with local mariners regarding the closure periods.
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 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
might be small entities: the owners or operators of vessels intending
to transit the boundaries of the safety zone during its effective
dates. This rule will not have a substantial affect on small entities
for the following reasons. There is very little commercial traffic
north of the Route 1 Bascule Bridge. Recreational traffic needing to
transit through the boundaries of the safety zone is minimal during the
time of year the construction will occur. The Mystic River Chamber of
Commerce Task Group has conducted several public meetings and
corresponded with local mariners regarding the need for and timing of
the waterway closure. Any entities that might be affected by the
closure have had sufficient advance notice to make alternate
arrangements. In addition, extensive advance notifications will be made
to the maritime community via the Local Notice to Mariners and marine
information broadcasts.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could 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 submit a comment (see ADDRESSES)
explaining why you think it qualifies and in what way and to what
degree this proposed rule would economically affect it.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Bridges.
[[Page 56216]]
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. 1231; 50 U.S.C. 191, 33 CFR 1.051(g), 6.04-
1, 6.04-6, 160.5; 49 CFR 1.46.
2. From December 1, 2001 to April 15, 2002, add Sec. 165.T01-197 to
read as follows:
Sec. 165.T01-197 Safety Zone: Route 1 Bascule Bridge, Mystic River,
Mystic, CT
(a) Location. The following area is designated as a safety zone:
all waters of the Mystic River within 100 feet of both the north and
south sides of the Route 1 Bascule Bridge located in approximate
position 41 deg.21'3" N, 071 deg.58'1" W.
(b) Enforcement period. This section is effective from 7 a.m. (EST)
December 1, 2001 to 7 a.m. (EST) April 15, 2002.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon hailed by a U.S. Coast Guard vessel
by siren, radio, flashing light, or other means, the operator of a
vessel shall proceed as directed.
Dated: October 23, 2001.
Joseph J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Group/MSO Long Island
Sound.
[FR Doc. 01-28006 Filed 11-6-01; 8:45 am]
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