[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Rules and Regulations]
[Pages 49536-49538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24423]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-U