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. 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.