Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Rules and Regulations 7909

(10) General Counsel, St A–7, Defense EFFECTIVE DATE: This regulation is Broadcast on VHF Marine Band Radio, Mapping Agency, 8613 Lee Highway, effective on January 30, 1995 and will Channel 22 (157.1 MHZ). Mariners may Fairfax, VA 22031–2137. terminate on March 31, 1995. also call the Port Operations Officer, (11) Deputy Director for Acquisition, FOR FURTHER INFORMATION CONTACT: Captain of the Port, St. Louis, Missouri St A-3, Defense Mapping Agency, 8613 LT Siddall, Operations Officer, Captain at (314) 539–3823 for current Lee Highway, Fairfax, VA 22031–2137. of the Port, St. Louis, Missouri at (314) information. (12) Deputy Director for Command 539–3823. Small Entities Information, St A–11, Defense Mapping Agency, 8613 Lee Highway, Fairfax, VA SUPPLEMENTARY INFORMATION: The Coast Guard finds that the impact 22031–2137. Drafting Information on small entities, if any, is not substantial. Therefore, the Coast Guard * * * * * The drafters of this regulation are certifies under section 605(b) of the 4. Section 320.11 is revised to read as LTJG Andrew Cheney, Project Officer, Regulatory Flexibility Act (5 U.S.C. 601 follows:. Marine Safety Office, St. Louis, Missouri et seq) that this temporary rule will not and LT S. M. Moody, Project Attorney, § 320.11 Specific exemptions. have a significant economic impact on Second Coast Guard District Legal a substantial number of small entities. All systems of records maintained by Office. the Defense Mapping Agency and its Collection of Information components shall be exempt from the Regulatory History requirements of 5 U.S.C. 552a(d) In accordance with 5 U.S.C. 553, a This rule contains no collection of pursuant to 5 U.S.C. 552a(k)(1), to the notice of proposed rulemaking has not information requirements under the extent that the system contains any been published for this regulation and Paperwork Reduction Act (44 U.S.C. information properly classified under good cause exists for making it effective 3501 et seq). Executive Order 12356 and that is in less than 30 days from the date of Federalism Assessment required by that Executive Order to be publication. Following normal kept secret in the interest of national rulemaking procedures would have The Coast Guard has analyzed this defense or foreign policy. This been impracticable. Specifically, the regulation under the principles and exemption is applicable to parts of all construction of the weirs can only be criteria contained in Executive Order systems of records including those not undertaken below certain river stages 12612 and has determined that it does otherwise specifically designated for and due to the dynamic nature of the not raise sufficient federalism exemptions herein which contain river, insufficient time exists to publish implications to warrant the preparation isolated items of properly classified a notice of proposed rulemaking. As a of a Federalism Assessment. information. result, the Coast Guard deems it to be in Environmental Assessment Dated: February 2, 1995. the public’s best interest to issue a regulation immediately. The Coast Guard considered the environmental impact of this regulation L. M. Bynum, Background and Purpose and concluded that, under section 2.B.2. Alternate OSD Federal Register Liaison The Army Corps of Engineers of Commandant Instruction M16475.1B, Officer, Department of Defense. continues to improve channel this regulation is categorically excluded [FR Doc. 95–3313 Filed 2–9 –95; 8:45 am] maintenance through constructing from further environmental BILLING CODE 5000±04±F passive channelizing structures. The documentation. construction of the stone filled weirs is List of Subjects in 33 CFR Part 165 necessary in this historically troublesome area. As a result of this Harbors, Marine safety, Navigation DEPARTMENT OF TRANSPORTATION construction this regulation is necessary (water), Records and recordkeeping to provide safe working conditions and requirements, Security measures, Coast Guard navigation within the affected area. Waterways. 33 CFR Part 165 Regulatory Evaluation Temporary Regulation This regulation is not a significant In consideration of the foregoing, [COTP St. Louis 95±001] regulatory action under section 3(f) of Subpart F of Part 165 of Title 33, Code Executive Order 12866 and does not of Federal Regulations, is amended as RIN 2115±AA97 require an assessment of potential costs follows: and benefits under section 6(a)(3) of that Safety Zone; Mississippi River, mile PART 165Ð[AMENDED] 57.8 to mile 55.8 order. It has been exempted from review by the Office of Management and 1. The authority citation for Part 165 AGENCY: Coast Guard, DOT. Budget under that order. It is not under continues to read as follows: ACTION: Temporary final rule. the regulatory policies and procedures of the Department of Transportation Authority: 33 U.S.C. 1231; 50 U.S.C. 191; SUMMARY: The Coast Guard is (DOT) (44 FR 11040; February 26, 1979). 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; establishing a safety zone on the The Coast Guard expects the economic 49 CFR 1.46. Mississippi River. This regulation is impact of this regulation to be so 2. A temporary section 165.T02–027 needed to control vessel traffic in the minimal that a full Regulatory is added, to read as follows: regulated area to facilitate construction Evaluation under paragraph 10E of the of stone filled weirs in or near the regulatory policies and procedures of § 165.T02±027 Safety Zone: Mississippi navigable channel to ensure the safety of DOT is unnecessary because the River. the construction workers. The restrictions are anticipated to be of short (a) Location. The Mississippi River regulation will restrict navigation in the duration. Changes will be announced by between mile 57.8 and 55.8 is regulated area. Marine Safety Information Radio established as a safety zone. 7910 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Rules and Regulations

(b) Effective Dates. This section published for this regulation and good Symmes Creek, and adjacent landside becomes effective on January 30, 1995 cause exists for making it effective in areas in proximity to the blast site will and will terminate on March 31, 1995. less than 30 days after Federal Register be subject to periodic closures. No (c) Regualtions. The general publication. Following normal vessels will be allowed to transit either regulations under § 165.23 which rulemaking procedures would have waterway when blasting and steel prohibit entry into the described zone been impracticable. Specifically, removal operations will affect safe without the authority of the Captain of anticipated demolition operations, navigation. Additionally, local law the Port, St. Louis, apply. including explosive detonations, as part enforcement officials will secure Dated: January 25, 1995. of a bridge removal project at mile landside areas as appropriate to 308.7, Ohio River, Huntington, West safeguard the general public from the S.P. Cooper, Virginia, have created a situation which explosive hazard during detonations. Captain, U.S. Coast Guard, Captain of the presents an immediate hazard to Notification of river and creek closure Port, St. Louis, Missouri. navigation, life, and property. As a will be made via Broadcast Notice to [FR Doc. 95–3431 Filed 2–9–95; 8:45 am] result, the Coast Guard deems it to be in Mariners at periods 24 hours, 2 hours, BILLING CODE 4910±14±M the public’s best interest to issue a and 5 minutes prior to each blast. regulation immediately. Notification will be via VHF radio channel 16. 33 CFR Part 165 Background and Purpose During all river and creek entrance [COTP Huntington 95±001] The activity requiring this regulation closures, two boats will be available for is a bridge demolition undertaken as a the security of the closed river area. The RIN 2115±AA97 part of the new bridge construction boats will be placed up and down river Safety Zone; Ohio River, Mile 308.0 to under United States Coast Guard Bridge of the blasting area. These boats will 310.0, Symmes Creek, Chesapeake, Permit Number 4–90–2 dated May 25, patrol and warn any recreational/ 1990. The Captain of the Port OH, and Adjacent Landside Areas commercial vessel traffic of the Huntington did not receive notice of the impending blast. AGENCY: Coast Guard, DOT. explosive and demolition operations No blasting will be permitted unless ACTION: Temporary final rule. until January 18, 1995. C.J. Mahan all river and creek traffic is removed to Construction Company of Grove City, a safe location outside of the blasting SUMMARY: The Coast Guard is Ohio, working under contract for the area. No blasting will take place when establishing a safety zone on the Ohio State of West Virginia, completed there is restricted visibility (the River, at the entrance to Symmes Creek, construction of the new bridge on contractor must be able to see from bank Chesapeake, Ohio, and all adjacent November 2, 1994. The bridge permit to bank before blasting). No blasting will landside areas within a 1,000 foot radius included the requirement that the old take place unless the river stage is at or of each specific explosive detonation bridge be demolished within 180 days below 5 feet above normal pool and site. This regulation is needed to control of completion of the new bridge. falling. vessel, vehicular, and pedestrian traffic Landside dismantling of the old bridge Unless overtaken by circumstances, in the regulated area to prevent began shortly after completion of the periodic river and creek closures will be potential safety hazards for transiting new bridge. Waterside demolition less than 24 hours in duration. Closures vessels and the general public resulting operations, involving the use of crane of Symmes Creek will be very from the demolition of the 6th Street barges and explosives in and near the abbreviated, during blasting operations Bridge at mile 308.7, Ohio River, navigation channel, will begin on or only. Closures of the Ohio River will be Huntington, West Virginia. Vessel about February 1, 1995 at mile 308.7 on during blasting and clearing operations movements within this safety zone are the Ohio River. Completion of the and will remain in effect until the river permitted under the criteria set forth in bridge removal is expected to occur on is cleared and the safety of transiting this regulation. or before June 1, 1995. Bridge spans and vessels is ensured. Local law bridge piers will be removed in sections, enforcement officials will restrict access EFFECTIVE DATES: This regulation is and secure landside areas as necessary effective at 6 a.m. EST on February 1, one at a time, over a period of several to protect the public from explosive 1995. It terminates on June 1, 1995 at 8 months. In addition to the explosive hazards. Road closures, evacuations, p.m. EDT, unless terminated sooner by hazard associated with several different detonations, the regular presence of a and other appropriate security measures the Captain of the Port Huntington. crane barge, tow boats and submerged will be imposed for abbreviated periods FOR FURTHER INFORMATION CONTACT: LT steel will pose an obstructive hazard to only. Sean Moon, Chief of the Port Operations waterborne traffic operating in the When the blasting and obstructive Department, Captain of the Port, vicinity of the project work site. In order hazards have been mitigated, the Huntington, West Virginia at (304) 529– to provide for the safety of vessel and Captain of the Port Huntington will 5524. vehicular traffic and the general public, reopen the river and creek. Notification SUPPLEMENTARY INFORMATION: the Captain of the Port Huntington of the reopening of the river and creek intends to regulate vessel traffic in that will be via VHF radio on channel 16. Drafting Information portion of the Ohio River and Symmes The entrance to Symmes Creek will be The drafters of this regulation are LT Creek where the explosives and steel reopened to vessel traffic entering the Sean Moon, Project Officer, Marine removal operations will be taking place, Ohio River upon the conclusion of each Safety Office, Huntington, West Virginia and to work with local law enforcement blasting operation. Vessels transiting to and LT S. Moody, Project Attorney, officials to secure all landside areas or from Symmes Creek must contact the Second Coast Guard District Legal within a 1,000 foot radius of each on scene contractor vessels for passing Office. specific blast site until the hazard from instructions to ensure safe operation the explosive detonations is mitigated. within the safety zone. Local law Regulatory History During critical phases of the enforcement officials will reopen In accordance with 5 U.S.C. 553, a demolition project, the affected portions landside areas immediately upon notice of proposed rulemaking was not of the Ohio River, the entrance to conclusion of blasting operations.