[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Rules and Regulations]
[Pages 56214-56216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28006]


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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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