[Federal Register: September 22, 2005 (Volume 70, Number 183)]
[Rules and Regulations]
[Page 55539-55541]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se05-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-085]
RIN 1625-AA00
Safety Zone; Blasting Operations, Demolition of Bridge Piers:
Sikorsky Bridge Over the Housatonic River Between Stratford and
Milford, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
300-yards of the Sikorsky Bridge, which runs between Milford and
Stratford, CT. This temporary safety zone is necessary to protect the
maritime community transiting the area from the potential safety
hazards associated with the demolition and blasting operations of the
piers of the old Sikorsky 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 6 a.m. September 26, 2005 through 6
p.m. October 6, 2005.
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 CGD01-05-085 and are available for inspection or
copying at Coast Guard Sector Long Island Sound, New Haven, CT, between
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Chief, Waterways
Management Division, Coast Guard Sector Long Island Sound at (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 Coast Guard was notified
by the bridge owner, Connecticut Department of Transportation, of the
dates of blasting and demolition operations on August 24, 2005, leaving
insufficient time to draft and publish an NPRM and to publish a final
rule more than 30 days prior to the effective date. Under 5 U.S.C.
(d)(3), the Coast Guard finds that good cause exists for making this
rule effective in less than 30 days after publication in the Federal
Register. Any delay in the effective date of this rule would be
contrary to the public interest as immediate action is necessary to
close a portion of the Housatonic River within the vicinity of the
Sikorsky Bridge to protect the maritime public from the hazards
associated with blasting and debris removal operations for four piers
from the old Sikorsky Bridge.
Background and Purpose
The Connecticut Route 15 Bridge over the Housatonic River, also
known as the Sikorsky Bridge, is currently being rebuilt. Part of this
process has included the demolition of the old Sikorsky Bridge. Piers
from the old Bridge remain as hazards to navigation in the waterway and
must be removed prior to further construction of the southern span of
the new bridge. When detonated, spread of the debris will be minimized
by a containment structure around each bridge pier. The blasting and
demolition activities have been approved by the Connecticut Department
of Environmental Protection to conduct blasting operations. This
blasting will also require a Coast Guard explosives handling permit in
accordance with 46 Code of Federal Regulations Part 176 as the
explosives being used are being loaded onto vessels prior to being
placed on the respective piers. The explosives loads onto vessels will
be monitored by Coast Guard personnel.
Discussion of Rule
This rule establishes a temporary safety zone on all waters within
300-yards of the Piers of the old Sikorsky Bridge, Route 15 Bridge over
the Housatonic River running between Milford and Stratford, CT. This
action is intended to prohibit entry of persons and vessel traffic in a
portion of the Housatonic River for the protection of life and property
of the maritime public from the potential hazards associated with
blasting operations and demolition of four piers of the old Sikorsky
Bridge. The safety zone will be in effect for approximately 8 days;
however, the zone will only be enforced for approximately four-30
minute periods during the blasting of each of the four bridge piers
being demolished. Public notifications will be made of this safety zone
via marine information broadcasts beginning 1 hour prior to the
detonation of the explosives for each of the four piers. The
detonations will take place during daylight hours, and will be
conducted during high tide.
Any violation of the safety zone described herein, is punishable
by, among others, civil and criminal penalties, in rem liability
against the offending vessel, and license sanctions.
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 Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This rule may have some impact on the public,
but these potential impacts will be minimized for the following
reasons: This zone covers only a portion of the waters of the
Housatonic River, and does not impact commercial vessels. Although this
safety zone is in effect for 8 days, the safety zone will only be
enforced during blasting operations, encompassing approximately 4
thirty minute periods over the 8 days.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered
[[Page 55540]]
whether this rule will 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
may be small entities: The owners or operators of vessels intending to
transit or anchor in those portions of the Housatonic River that are
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 subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this rule so that they
can better evaluate its effects on them and participate in the
rulemaking. If this rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call
Lieutenant A. Logman, Chief, Waterways Management Division, Sector Long
Island Sound, at (203) 468-4429.
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 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 would not concern 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 would 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.
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
The Coast Guard analyzed this rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) 42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g) from further environmental documentation. This rule
fits the category selected from paragraph (34)(g), as it establishes a
safety zone. An Environmental Analysis Checklist and Categorical
Exclusion Determination are available for review at the location listed
under ``ADDRESSES''.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 55541]]
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. 1225 and 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 6 a.m. on September 26, 2005, until 6 p.m. on October 6, 2005,
add temporary Sec. 165.T01-085 to read as follows:
Sec. 165.T01-085 Safety Zone: Blasting operations, demolition of
bridge piers: Sikorsky Bridge over the Housatonic River between
Stratford and Milford, CT.
(a) Location. All waters of the Housatonic River within 300 yards
of the Sikorsky Bridge, over Route 15 between Stratford and Milford,
CT.
(b) Enforcement period. The safety zone will be enforced from 6
a.m. on September 26, 2005 until 6 p.m. on September 29, 2005, and from
6 a.m. on October 3, 2005, until 6 p.m. on October 6, 2005.
(c) Regulations. (1) 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.
(2) All persons and vessels must comply with the Coast Guard
Captain of the Port or designated on-scene patrol personnel. On-scene
Coast Guard patrol personnel include commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and Federal law enforcement vessels. 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.
Dated: September 9, 2005.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-18937 Filed 9-21-05; 8:45 am]
BILLING CODE 4910-15-P