[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47271-47273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22532]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Huntington 95-002]
RIN 2115-AA97
Safety Zone; Little Kanawha River, Mile 0.9 to 1.9, Worthington
Creek Entrance, Wood County, WV
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Little
Kanawha River, at the entrance to Worthington Creek, Wood County, West
Virginia, and all adjacent landside areas within a 500 foot radius of
each specific explosive detonation site. This regulation is needed to
control vessel traffic in the regulated area to prevent potential
safety hazards for transiting vessels and the general public resulting
from the demolition of the East Street Bridge at mile 1.4, Little
Kanawha River, Parkersburg, West Virginia. Vessel movements within this
safety zone are permitted under the criteria set forth in this
regulation.
EFFECTIVE DATE: This regulation is effective at 6 a.m. EDT on September
11, 1995. It terminates on November 11, 1995 at 8 p.m. EST, unless
terminated sooner by the Captain of the Port Huntington.
FOR FURTHER INFORMATION CONTACT:
LT Sean Moon, Chief of the Port Operations Department, Captain of the
Port, Huntington, West Virginia at (304) 529-5524.
[[Page 47272]]
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are LTJG Steven Frye, Project
Officer, Marine Safety Office, Huntington, West Virginia and LT S.
Moody, Project Attorney, Second Coast Guard District Legal Office.
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 after Federal Register publication.
Following normal rulemaking procedures would have been impracticable.
Specifically, anticipated demolition operations, including explosive
detonations, as part of a bridge removal project at mile 1.4, Little
Kanawha River, Parkersburg, West Virginia, have created a situation
which presents an immediate hazard to navigation, life, and property.
As a result, 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 demolition
undertaken as a part of the replacement of a bridge under United States
Coast Guard Bridge Permit Number 3-95-2 dated March 29, 1995. The
Captain of the Port Huntington received notice of the intended
explosive and demolition operations August 14, 1995. The bridge permit
included the requirement that the existing bridge be demolished before
construction of the new bridge. Waterside demolition operations,
involving the use of crane barges and explosives in and near the
navigation channel, will begin on or about September 11, 1995 at mile
1.4 on the Little Kanawha River. Completion of the bridge removal is
expected to occur on or before November 11, 1995. Bridge spans and
bridge piers will be removed in sections, one at a time, over a period
of several months. In addition to the explosive hazard associated with
several different detonations, the regular presence of a crane barge,
tow boats and submerged steel will pose an obstructive hazard to
waterborne 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 Little Kanawha River where the
explosives and steel removal operations will be taking place, and to
work with local law enforcement officials to secure all landside areas
within a 500 foot radius of each specific blast site until the hazard
from the explosive detonations is mitigated.
During critical phases of the demolition project, the affected
portions of the Little Kanawha River, the entrance to Worthington
Creek, and adjacent landside areas in proximity to the blast site will
be subject to periodic closures. No vessels will be allowed to transit
the affected waterway when blasting and steel removal operations will
impede safe navigation. Additionally, local law enforcement officials
will secure landside areas as appropriate to safeguard the general
public from the explosive hazard during detonations.
Notification of river and creek entrance closure will be made via
Broadcast Notice to Mariners at periods 24 hours, 2 hours, and 5
minutes prior to each blast. Notification will be via VHF radio channel
16.
During all river and creek entrance closures, two boats will be
available for the security of the closed river area. The boats will be
placed up and down the river of the blasting area. These boats will
patrol and warn any recreational/commercial vessel traffic of the
impending blast.
No blasting will be permitted unless all river and creek traffic is
removed to a safe location outside of the blasting area. No blasting
will take place when there is restricted visibility (visibility must be
at least \1/2\ mile). No blasting will take place unless the river
stage is at or will be during operations no more than four feet above
normal pool.
Unless overtaken by circumstances, periodic river and creek
closures will be less than 24 hours in duration. Closures of
Worthington Creek entrance will be very abbreviated, during blasting
operations only. Closures of the Little Kanawha River will be during
blasting and clearing operations and will remain in effect until the
river is cleared and the safety of transiting vessels is ensured. Local
law enforcement officials will restrict access and secure landside
areas as necessary to protect the public from explosive hazards. Road
closures, evacuations, and other appropriate security measures will be
imposed for abbreviated periods only.
When the blasting and obstructive hazards have been mitigated, the
Captain of the Port Huntington will reopen the river. Notification of
the reopening of the river will be via VHF radio on channel 16. The
entrance to Worthington Creek will be reopened to vessel traffic
entering the Little Kanawha River upon the conclusion of each blasting
operation. Vessels transiting to or from the Worthington Creek entrance
must contact the on scene contractor's vessel for passing instructions
to ensure safe operation within the safety zone. Local law enforcement
officials will reopen landside areas immediately upon conclusion of
blasting operations. Notice of this safety zone and updates on periodic
closures will also be published in the Local Notice to Mariners.
The establishment of this safety zone regulation helps to ensure
that vessels will not transit the Little Kanawha River in the vicinity
of the blasting area during explosive detonations or when the main
channel is obstructed by submerged steel to eliminate attendant risks
associated with these operations. The Captain of the Port will also
work with local law enforcement officials to protect the safety of the
general public in adjacent landside areas. The safety zone also helps
to ensure that communication is established between the contractors and
vessels transiting the waters within the safety zone during the
noncritical phases of the demolition project. With proper communication
between both 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 economic
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 actual
river closures.
Small Entities
The Coast Guard finds that the impact on small entities 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
[[Page 47273]]
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. A Categorical Exclusion Determination is available in
the docket for inspection.
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.T02-003 is added, to read as follows:
Sec. 165-T02-003 Safety Zone: Little Kanawha River, Worthington Creek
Entrance
(a) Location. The Little Kanawha River between miles 0.9 and 1.9,
the entrance to Worthington Creek, Wood County, West Virginia is
established as a safety zone.
(b) Effective dates. This section is effective on September 11,
1995 at 6 a.m. EDT. It terminates on November 11, 1995 at 8 p.m. EST,
unless terminated sooner by the Captain of the Port Huntington.
(c) Regulations. (1) All vessels must, except those vessels with
explicit permission from the Captain of the Port:
(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 contract vessel M/V WILLIAM H. ELLIOT on
channel 16 VHF-FM to arrange for safe passage through the safety zone
at all other times, providing at least ten (10) minutes advance notice
prior to transiting through the regulated area.
(iii) Provide the contract vessel M/V WILLIAM H. ELLIOT at least
ten (10) 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 during operations not involving river closure.
(2) Vessels involved with the East Street Bridge demolition
operations must, except those vessels with explicit permission from the
Captain of the Port:
(i) M/V WILLIAM H. ELLIOT: Communicate with and arrange safe
passage through the safety zone for all vessels not involved in the
demolition project.
(ii) M/V WILLIAM H. ELLIOT: Initiate appropriate broadcast notices
to local mariners over channel 16 VHF-FM 24 hours, 2 hours, and 5
minutes prior to initiation of blasting operations.
(iii) M/V WILLIAM H. ELLIOT: Ensure that all vessel traffic is
outside the area of the safety zone and the waterside blast area is
secured prior to any explosive detonation, with that information
effectively communicated to the contractors conducting the blasting.
(iv) M/V WILLIAM H. ELLIOT: Monitor operations involving steel and
debris removal after each detonation and, following clearance of the
river, the conduct of subsequent subsurface sweeps of the main channel.
(v) M/V WILLIAM H. ELLIOT: Notify the Coast Guard Captain of the
Port Huntington once a successful sweep has determined that the Little
Kanawha River main shipping channel is clear (a minimum underwater
clearance of 15 feet below normal river pool), with no obstructions to
impede the safe navigation of vessels.
(vi) All other contract vessels: Relocate to a safe area prior to
any blasting operations.
(3) AMERICAN BRIDGE COMPANY must, except with explicit permission
from the Captain of the Port:
(i) Not detonate explosives if a vessel not involved with the
blasting operation is inside the safety zone, or if any contract vessel
has not relocated to a safe distance away from the blast area, as
verified and communicated by the M/V WILLIAM H. ELLIOT.
(ii) Not initiate any blasting operations until local law
enforcement officials have verified and communicated that landside
security is established and that landside portions of the safety zone
are clear.
(iii) Not initiate any blasting operations in periods of restricted
visibility (operator must ensure there is clear bank-to-bank
visibility).
(iv) Not initiate any blasting operations in a period of forty-
eight (48) hours after it has been determined by the Captain of the
Port that blasting operations have been suspended for the scheduled
date and time to allow proper rescheduling of demolition operations
with federal and state representatives, local authorities, and
industry.
(4) The Captain of the Port may, upon request, authorize a
deviation from any rule in this section if he determines that the
proposed operations can be done safely.
(5) 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: August 22, 1995, 4:30 p.m. EDT.
G.H. Burns III,
Lieutenant Commander, U.S. Coast Guard, Captain of the Port,
Huntington, WV.
[FR Doc. 95-22532 Filed 9-11-95; 8:45 am]
BILLING CODE 4910-14-M
