[Federal Register Volume 62, Number 108 (Thursday, June 5, 1997)]
[Rules and Regulations]
[Pages 30759-30760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14741]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Huntington 97-002]
RIN 2115-AA97
Safety Zone; Big Sandy River, Mile 2.1 to Mile 3.1
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Big Sandy
River between miles 2.1 and 3.1. This regulation is needed to control
vessel traffic in the regulated area to prevent potential safety
hazards for vessels transiting the area resulting from a bridge removal
and replacement project on the I-64 Dual Highway Bridges at mile 2.6,
Big Sandy River, Kenova, WV. This regulation prohibits navigation in
the regulated area during periods of periodic closures without the
express permission of the Captain of the Port Huntington for the safety
of vessel traffic and the protection of life and property along the
river. Periods of closure will be announced via normally scheduled
Coast Guard Broadcast Notice to Mariners or by Coast Guard personnel on
scene.
EFFECTIVE DATE: This regulation is effective on June 16, 1997, at 7
a.m. EDT, and terminates on October 31, 1997 at 11:59 p.m. EST.
.FOR FURTHER INFORMATION CONTACT:
Lt Sean Moon, Chief of the Port Operations Department, Captain of the
Port, Huntington, West Virginia at (304) 529-5524.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
it effective in less than 30 days from the date of publication.
Following normal rulemaking procedures will be impracticable.
Specifically, the nature of the removal and replacement work affecting
river navigation makes river closures impossible to predict and
schedule with reasonable certainty. Only certain periods of the project
will represent a potential hazard to navigation, life, and property.
These periodic closures are dependent upon project progress and
weather. The Coast Guard deems it to be in the public's best interest
to issue a regulation immediately.
Background and Purpose
The activity requiring this regulation is a bridge removal and
reconstruction project being done under West Virginia Division of
Highways Federal Project IM-0641 (164), dated February 28, 1997. The
C.J. Mahan Construction Company of Grove City, Ohio, working under
contract for the State of West Virginia, began demolition operations on
April 14, 1997 with operations to continue through November of 1998.
Two major phases are involved in the project: Removal and
reconstruction of the up river, east-bound bridge (scheduled to occur
over the summer of 1997) and removal and reconstruction of the down
river, west-bound bridge (scheduled to occur over the summer of 1998).
Landside dismantling operations of the I-64 Dual Highway Bridges at
mile 2.6, Big Sandy River, Kenova, West Virginia continue with
waterside demolition operations, involving the use of crane barges,
floating work plants and construction tugs to begin in the near future.
Bridge spans will be removed from the dual bridges in sections, one at
a time, over a period of several months. The regular presence of a
crane barge, floating work plants and construction tugs will pose an
obstructive hazard to river traffic operating in the vicinity of the
project work site. In order to provide for the safety of vessel traffic
and the general public, the Captain of the Port Huntington intends to
regulate vessel traffic in that portion of the Big Sandy River where
removal of steel and subsequent reconstruction of the dual bridges will
be taking place until the hazard is mitigated. During critical phases
of the project, the affected portions of the Big Sandy River will be
subject to periodic closures. No vessels will be allowed to transit
when removal or replacement operations will affect safe navigation.
Notification of river closures will be made via Broadcast Notice to
Mariners
[[Page 30760]]
or by Coast Guard personnel on scene. Notifications will be via VHF
radio channel 16. Requests by the contractor to temporarily block the
river will be submitted to the Coast Guard for approval and
coordination with the Captain of the Port Huntington. Sufficient lead
time (15 days) will be provided to allow for adequate review and proper
notification of marine interests. The maximum allowable time for a
river closure will be 24 consecutive hours and there will be 24 hours
between planned river closure events. Notification of reopening of the
river will be via VHF radio channel 16.
The establishment of this safety zone regulation ensures that
vessels will not transit the Big Sandy River in the vicinity of the
demolition and replacement work when the main channel is obstructed by
hazards associated with the project. The safety zone also ensures that
communications is established between the contractor's vessel and
vessels transiting the waters within the safety zone during the non-
critical phases of the project. With proper communication between
parties, the contractor is assured of having ample time to comply with
any request to relocate work boats temporarily to allow a vessel to
navigate through the safety zone.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040, February 26, 1979). The Coast Guard expects the impact of
this regulation to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary, due to the limited duration of the river closure.
Small Entities
The Coast Guard finds that the impact on small entities, if any, is
not substantial. Therefore, the Coast Guard certifies under section
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this temporary rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this regulation under the principles
and criteria contained in Executive Order 12612 and has determined that
it does not raise sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
regulation and concluded that, under section 2.B.2 of Commandant
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994) this
regulation is categorically excluded from further environmental
documentation as an action required to protect public safety.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Records and
recordkeeping requirements, Security measures, Waterways.
Temporary Regulation
In consideration of the foregoing, subpart F of part 165 of Title
33, Code of Federal Regulations, is amended as follows:
PART 165--[AMENDED]
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 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46
2. A temporary Sec. 165.T08-030 is added, to read as follows:
Sec. 165.T08-030 Safety Zone: Big Sandy River.
(a) Location. The Big Sandy River between miles 2.1 and 3.1 is
established as a safety zone.
(b) Effective dates. This section becomes effective on June 16,
1997, at 7 a.m. EDT. It terminates on October 31, 1997 at 11:59 p.m.
EST.
(c) Regulations.
(1) Except with the permission of the Captain of the Port
Huntington, all vessels must:
(i) Remain outside the safety zone during all periods of closure,
as announced by Coast Guard Broadcast Notice to Mariners and as
enforced on scene by personnel from the Coast Guard Marine Safety
Office Huntington, WV.
(ii) Communicate with the on-scene contract vessel on channel 16
VHF-FM to arrange for safe passage through the safety zone at all other
times, providing at least (20) minutes advance notice prior to
transiting through the regulated area. As the specific contract vessel
to be on-scene may change over the period of the project, the vessel
will answer a hail for ``C. J. Mahan Construction.''
(iii) Provide the on-scene contract vessel at least (20) minutes
advance notice to move/suspend operations in any case where the
transiting vessel operator believes the safe passage of any vessel or
tow is jeopardized by the presence/operation of the crane barge,
floating work plants, or construction tugs during operations not
involving river closure.
(2) The Captain of the Port may direct the movement of any vessel
within the safety zone as appropriate to ensure the safe navigation of
vessels through the safety zone.
Dated: May 14, 3:30 pm EDT.
F. A. Nyhuis,
Commander, U.S. Coast Guard, Captain of the Port/Huntington, WV.
[FR Doc. 97-14741 Filed 6-4-97; 8:45 am]
BILLING CODE 4910-14-M
