Safety Zone; Tomlinson Bridge, Quinnipiac River, New Haven, CT
[Federal Register: September 28, 2001 (Volume 66, Number 189)]
[Rules and Regulations]
[Page 49536-49538]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se01-14]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-166]
RIN 2115-AA97
Safety Zone; Tomlinson Bridge, Quinnipiac River, New Haven, CT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Quinnipiac River within 100 yards of the north side and
500 yards of the south side of the Tomlinson Bridge. This safety zone
will prevent marine traffic from transiting beneath the Tomlinson
Bridge while a new, permanent lift span is installed on the bridge. The
safety zone is needed to enable installation of a new lift span on the
bridge and to protect marine traffic from the hazards associated with
this operation.
DATES: This rule is effective from 7 a.m. (EST) on October 15, 2001
through 7 a.m. (EST) on October 20, 2001.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD01-01-166 and are 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
Garcia, Waterways Management Branch, Group/MSO Long Island Sound,
telephone (203) 468-4429.
SUPPLEMENTARY INFORMATION:
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 installation of a new lift span on the
Tomlinson Bridge. This operation is one of the final stages of a multi-
year bridge reconstruction project. The timing of this phase is
dependent upon a number of variables, including tidal conditions and
ambient temperatures for curing concrete. Following the installation of
the new lift span, portions of the navigable channel must be dredged
and the temporary Tomlinson Bridge will be removed. Both of these
operations are permitted to occur only between October 1 and January
31.
For these reasons, it was determined that the delay inherent in the
NPRM process would be contrary to the public interest. Failure to
complete installation of the new lift span will delay reopening the
Tomlinson Bridge and prevent removal of the temporary bridge until
October 2002. That delay would, in turn, result in significant
additional construction costs and prolong the impediment to navigation
represented by the presence of two adjacent bridges across the
waterway.
Moreover, it was determined that the NPRM process would be
unnecessary. The State of Connecticut met with known waterway users
August 22, 2000 and July 10, 2001 to discuss the anticipated channel
closure required for the lift span installation. Waterway users in
attendance acknowledge the necessity of the channel closure and the
ability to adjust their waterway use accordingly. The State has
continued to communicate with waterway users to apprise them of the
anticipated safety zone dates and has identified the effective dates of
this temporary rule as those preferred by those affected.
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. For the reasons stated above, we
have determined that a delay in the effective dates of the temporary
rule would be unnecessary and contrary to the public interest. Advance
notice of the safety zone will be disseminated by notice to mariners.
Background and Purpose
The Coast Guard is establishing a safety zone on all waters of the
Quinnipiac River within 100 yards of the north side and 500 yards of
the south side of the Tomlinson Bridge, located in approximate position
41 deg. 17'9" N, 072 deg. 54'3" W. This safety zone is effective from 7
a.m. (EST) on October 15, 2001 to 7 a.m. (EST) on October 20, 2001. The
safety zone will prevent waterway users from transiting through this
portion of the Quinnipiac River
[[Page 49537]]
while the new Tomlinson Bridge lift span is transported by barge
beneath the bridge and raised into position. The safety zone will
enable construction personnel to complete this vital phase of a long-
term bridge reconstruction project and protect mariners from the
hazards associated with this operation.
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 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).
Recreational vessel traffic on the waterway is minimal during the
period of the proposed safety zone. The State of Connecticut held
several meetings in advance of the proposed channel closure to apprise
known waterway users of the effective dates of the safety zone so that
necessary, alternate arrangement could be made to avoid or mitigate any
adverse consequences.
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. The proposed rule may affect the owners and operators of
vessels intending to transit the boundaries of the safety zone during
its effective dates. The rule will not have a substantial affect on
small entities because it has been preceded by regular communication
between the State of Connecticut and known waterway users regarding the
need for and timing of the channel closure. Any entities that might be
affected by the closure have had sufficient advance notice to make
alternate arrangements.
Assistance for Small Entities
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 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. 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
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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-166 to read as follows:
Sec. 165.T01-166 Safety Zone: Tomlinson Bridge, Quinnipiac River, New
Haven Harbor, New Haven, CT.
(a) Location. The following area is designated as a safety zone:
all waters of the Quinnipiac River within 100 yards of the north side
and 500 yards of the south side of the Tomlinson Bridge,
[[Page 49538]]
located at approximate position 41 deg. 17'9" N, 072 deg. 54'3" W.
(b) Enforcement period. This section is effective from 7 a.m. (EST)
October 15, 2001 to 7 a.m. (EST) October 20, 2001.
(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 being 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: September 20, 2001.
J.J. Coccia,
Captain, U.S. Coast Guard, Captain of the Port, Group/MSO Long Island
Sound.
[FR Doc. 01-24423 Filed 9-27-01; 8:45 am]
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