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, 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; , 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. Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Rules and Regulations 7911

Notice of this safety zone and updates not raise sufficient federalism move/suspend operations in any case on periodic closures will also be implications to warrant the preparation where the transiting vessel operator published in the Local Notice to of a Federalism Assessment. believes the safe passage of any vessel Mariners. Environmental Assessment or tow is jeopardized by the presence/ The establishment of this safety zone The Coast Guard considered the operation of the crane barge during regulation ensures that vessels will not environmental impact of this regulation operations not involving river closure. transit on the Ohio River in the vicinity and concluded that, under section 2.B.2 (2) Except with the permission of the of the blasting area during explosive of Commandant Instruction M16475.1B, Captain of the Port, vessels involved detonations or when the main channel this regulation is categorically excluded with the 6th Street Bridge demolition is obstructed by submerged steel to from further environmental operations must: eliminate attendant risks associated documentation. A Categorical Exclusion (i) M/V MISS MAY or M/V MICHAEL with these operations. The Captain of Determination is available in the docket D: Communicate with and arrange safe the Port will also work with local law for inspection. passage through the safety zone for all enforcement officials to protect the vessels not involved in the demolition safety of the general public in adjacent List of Subjects in 33 CFR Part 165 project. landside areas. The safety zone also Harbors, Marine safety, Navigation (ii) M/V MISS MAY or M/V ensures that communication is (water), Reporting and recordkeeping MICHAEL D: Initiate appropriate established between the contractors and requirements, Security measures, broadcast notices to local mariners over vessels transiting the waters within the Waterways. channel 16 VHF–FM 24 hours, 2 hours, safety zone during the non-critical Temporary Regulation and 5 minutes prior to initiation of phases of the demolition project. With In consideration of the foregoing, blasting operations. proper communication between both Subpart F of Part 165 or Title 33, Code (iii) M/V MISS MAY or M/V parties, the contractor is assured of of Federal Regulations, is amended as MICHAEL D: Ensure that all vessel having ample time to comply with any follows: traffic is outside the area of the safety request to relocate work boats zone and the waterside blast area is temporarily to allow a vessel to navigate PART 165Ð[AMENDED] secured prior to any explosive through the safety zone. 1. The authority citation for Part 165 detonation, with that information Regulatory Evaluation continues to read as follows: effectively communicated to the contractors conducting the blasting. This regulation is not a significant Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; (iv) M/V MISS MAY or M/V regulatory action under section 3(f) of 49 CFR 1.46. MICHAEL D: Monitor operations Executive Order 12866 an does not 2. A temporary section 165.T02–002 involving steel and debris removal after require an assessment of potential costs is added, to read as follows: each detonation and, following and benefits under section 6(a)(3) of that clearance of the river, the conduct of order. It has been exempted from review § 165.T02±002 Safety Zone: Ohio River, subsequent subsurface sweeps of the Symmes Creek, and Adjacent Landside by the Office of Management and main channel. Budget under that order. It is not under Areas (a) Location. The Ohio River between (v) M/V MISS MAY or M/V MICHAEL the regulatory policies and procedures D: Notify the Coast Guard Captain of the of the Department of Transportation 308.0 and 310.0, the entrance to Symmes Creek, Chesapeake, Ohio, and Port Huntington once a successful (DOT) (44 FR 11040; February 26, 1979). sweep has determined that the Ohio The Coast Guard expects the economic adjacent landside areas within 1,000 feet of each specific blast site are River main shipping channel is clear (a impact of this regulation to be so minimum underwater clearance of 20 minimal that a full Regulatory established as a safety zone. (b) Effective dates. This section feet below normal river pool), with no Evaluation under paragraph 10e of the obstructions to impede the safe regulatory policies and procedures of becomes effective on February 1, 1995 at 6 a.m. EST. It terminates on June 1, 1995 navigation of vessels. DOT is unnecessary, due to the limited (vi) All other contract vessels: duration of actual river closures. at 8 p.m. EDT, unless terminated sooner by the Captain of the Port Huntington. Relocate to a safe area prior to any Small Entities (c) Regulations. (1) Except with the blasting operations. The Coast Guard finds that the impact permission of the Captain of the Port, all (3) Except with the permission of the on small entities is not substantial. vessels must: Captain of the Port, C. J. MAHAN Therefore, the Coast Guard certifies (i) Remain outside the safety zone CONSTRUCTION COMPANY must: under section 605(b) of the Regulatory during all periods of closure, as (i) Not detonate explosives if a vessel Flexibility Act (5 U.S.C. 601 et seq) that announced by Coast Guard Broadcast not involved with the blasting operation this temporary rule will not have a Notice to Mariners and as enforced on is inside the safety zone, or if any significant economic impact on a scene by personnel from the Coast contract vessel has not relocated to a substantial number of small entities. Guard Marine Safety Office Huntington, safe distance away from the blast area, WV. as verified and communicated by the M/ Collection of Information (ii) Communicate with the contract V MISS MAY or M/V MICHAEL D. This rule contains no collection of vessel M/V MISS MAY or M/V (ii) Not initiate any blasting information requirements under the MICHAEL D on channel 16 VHF–FM to operations until local law enforcement Paperwork Reduction Act (44 U.S.C. arrange for safe passage through the officials have verified and 3501 et seq). safety zone at all other times, providing communicated that landside security is at least twenty (20) minutes advance established and that landside portions Federalism Assessment notice prior to transiting through the of the safety zone are clear. The Coast Guard has analyzed this regulated area. (iii) Not initiate any blasting regulation under the principles and (iii) Provide the contract vessel M/V operations in periods of restricted criteria contained in Executive Order MISS MAY or M/V MICHAEL D at least visibility (operator must ensure there is 12612 and has determined that it does twenty (20) minutes advance notice to clear bank-to-bank visibility). 7912 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Rules and Regulations

(4) Except with the permission of the being made to restrict the negotiation of by Direct Service may be sent by letter Captain of the Port, all pedestrians and domestic postal money orders to the mail or Express Mail International vehicular traffic must remain outside United States and its possessions and Service (EMS). the affected landside portions of the territories, and the Freely Associated * * * * * safety zone, as enforced by local law States (FAS). Possessions and territories [Revise section 391.2 by replacing enforcement officials. are American Samoa (including Manua ‘‘three’’ in the first sentence with ‘‘two’’; (5) The Captain of the Port may, upon Island, Swain’s Island, Tutuila Island); by deleting section 391.2a in its entirety request, authorize a deviation from any Baker Island; Guam; Howland Island; and renumbering sections 391.2b and rule in this section if he determines that Jarvis Island; Johnston Island; Kingman 391.2c to sections 391.2a and 391.2b, the proposed operations can be done Reef; Midway Island; Navassa Island; respectively; and by adding the safely. Northern Mariana Islands (including countries in the Summary to the (6) The Captain of the Port may direct Rota Island; Saipan Island, Tinian renumbered section 391.2b to read as the movement of any vessel within the Island); Palmyra Island; Puerto Rico; follows:] safety zone as appropriate to ensure the Sand Island; U.S. Virgin Islands Postal money orders are exchanged safe navigation of vessels through the (including St. Croix Island; St. John with countries in one of two ways: safety zone. Island, St. Thomas Island); and Wake a. Standard international postal Dated: January 23, 1995, 5 pm e.s.t. Island. The FAS are Marshall Islands money orders. This method uses the F.A. Nyhuis, (including Ebeye Island, Majuro Island); Authorization to Issue an International Palau (including Koror Island); and Commander, U.S. Coast Guard, Captain of Money Order form set. See Individual the Port, Huntington, WV. Micronesia (including Chuuk (Truk) Country Listings. Island, Kosrae Island, Pohnepi Island, [FR Doc. 95–3429 Filed 2–9–95; 8:45 am] b. Direct international postal money Yap Island). orders. This method uses the pink BILLING CODE 4910±14±M Semidomestic Money Order Service international postal money order form permits the negotiation of domestic (MP1). The following countries accept postal money orders in the countries this form: Anguilla, Antigua and POSTAL SERVICE listed in the Summary. In order to Barbuda, Bahamas, Barbados, Belize, 39 CFR Part 20 restrict uniformly the negotiation of Bolivia, British Virgin Islands, Canada, domestic postal money orders to the Cape Verde, Costa Rica, Dominica, Discontinuation of Authorization to United States and its possessions and Dominican Republic, Ecuador, El Use Domestic Postal Money Orders territories and to the FAS, it is necessary Salvador, Grenada, Guyana, Honduras, Internationally to discontinue Semidomestic Money Jamaica, Japan, Mali, Mexico, Order Service. Montserrat, Nigeria, Panama, St. AGENCY: Postal Service. In light of the foregoing, the Postal Christopher and Nevis, St. Lucia, St. ACTION: Final rule. Service hereby adopts the following Vincent and the Grenadines, Sierra amendments to the International Mail Leone, and Trinidad and Tobago. SUMMARY: The Postal Service is Manual, which is incorporated by Money orders issued by these countries discontinuing the Semidomestic Money reference in the Code of Federal in U.S. dollars, with the exception of Order Service. The domestic money Regulations. See 39 CFR 20.1. Jamaica and Trinidad and Tobago, are order form is no longer being used for List of Subjects in 39 CFR Part 20 negotiable in the United States. There payments to Anguilla; Antigua and will be no money orders issued in Barbuda; Bahamas; Barbados; Belize; Foreign relations, International postal Bolivia, Cape Verde, Dominican British Virgin Islands; Canada; service. Republic, Ecuador, Honduras, Mexico, Dominica; Grenada; Jamaica; PART 20Ð[AMENDED] Nigeria, Panama, and Sierra Leone for Montserrat; St. Christopher and Nevis; payment in the United States. The MP1 St. Lucia; St. Vincent and the 1. The authority citation for 39 CFR cards issued in Japan for payment in the Grenadines; and Trinidad and Tobago. part 20 continues to read as follows: United States must be shown in U.S. In place of the domestic form, the Postal dollars preceded by the capital letters Service will use the international postal Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408. ‘‘USD.’’ money order form (MP1) when issuing Money orders issued in Mali for a money order for payment in these 2. Chapter 3 of the International Mail payment in the United States will be the countries. Manual is amended by revising subchapter 390 as follows: standard international postal money EFFECTIVE DATE: March 1, 1995. order. FOR FURTHER INFORMATION CONTACT: CHAPTER 3ÐSPECIAL SERVICES [Revise section 391.3 by replacing Al Gillum, (703) 905–3818. ‘‘three’’ with ‘‘two’’ in the first sentence; * * * * * SUPPLEMENTARY INFORMATION: The Postal by deleting section 391.3a in its entirety Service has received numerous 390 Supplementary Services and renumbering section 391.3c to complaints from foreign postal section 391.3a; and by adding the 391 International Money Orders administrations regarding the countries in the Summary to the acceptance of domestic postal money * * * * * renumbered section 391.3a to read as orders by the banking system in those [Revise section 391.11 by deleting ‘‘and follows:] countries. This practice circumvents the Semi-Direct Service’’ to read as follows:] There are two separate fees for policies and procedures regarding the International postal money order international money orders: acceptance of international postal service is available to transfer funds to a. The fee for money orders payable money orders agreed to within the individuals or firms in countries that in countries that accept the pink Universal Postal Union. have entered into agreements with the international postal money order form The Postal Service is committed to United States Postal Service for the (MP1) is $3 per money order. These enforcing the agreements with its exchange of postal money orders. countries are: foreign partners. A concerted effort is International postal money orders sent Anguilla