[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Rules and Regulations]
[Pages 676-677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-270]


[[Page Unknown]]

[Federal Register: January 6, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Pittsburgh Regulation 93-010]
RIN 2115-AA97

 

Safety Zone Regulations; Youghiogheny River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the 
Youghiogheny River from mile 0.8 to mile 1.8. This regulation is needed 
to control vessel traffic in the regulated area during demolition of 
the main span of a bridge at mile 1.3. This regulation will restrict 
general navigation in the regulated area during demolition and 
subsequent debris clearing operations for the safety of vessels 
transitting the area.

EFFECTIVE DATE: This regulation is effective from 9 a.m. on January 8, 
1994 and will terminate at 10 a.m. on January 10, 1994.

FOR FURTHER INFORMATION CONTACT:
LT John Meehan, Port Operations Officer, Captain of the Port, 
Pittsburgh, Pennsylvania at (412) 644-5808.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this regulation are LT John Meehan, Project 
Officer, Marine Safety Office, Pittsburgh, Pennsylvania and LCDR A.O. 
Denny, Project Attorney, Second Coast Guard District Legal Office.

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
has not been 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 would have been impracticable. 
Specifically, a bridge is being removed from a navigable waterway. 
Bridge removal operations pose inherent risks to the waterway because 
the structure is progressively weakened as the operation proceeds. Once 
commenced, such operations should be completed as quickly as possible. 
Removal operations involving structural supports for this bridge have 
proceeded ahead of schedule, leaving insufficient time to publish a 
notice of proposed rulemaking. The Coast Guard deems it to be in the 
public's best interest to issue a regulation without waiting for a 
comment period, as immediate implementation of navigation restrictions 
is needed to ensure the safety of vessels transitting the area and to 
minimize the time a bridge in a weakened condition remains over the 
waterway.

Background and Purpose

    The Port Vue Bridge located at mile 1.3 on the Youghiogheny River 
is not longer an active highway bridge and must be removed. The bridge 
consists of several small spans that are located over land and one 310-
foot main span that crosses over the navigable waterway. As part of the 
overall bridge removal operation, this main span will be demolished 
with five simultaneously detonated explosive charges. This explosion, 
which will create an obvious hazard to vessels transitting the area, 
will occur at approximately 10 a.m. on January 8, 1994. After the 
explosives on this span are detonated, the steel and other debris from 
the bridge will fall into the navigable waters of the Youghiogheny 
River, creating an unsafe condition of vessels. The contractor will 
immediately commence clearing operations, but it will require 48 hours 
to restore the navigability of this section of the Youghiogheny River. 
Accordingly, during that period, no traffic will be permitted in the 
safety zone, as it would be unsafe for vessels attempting to transit 
and such transit attempts would interfere with the debris clearing 
operations.

Regulatory Evaluation

    This regulation is not considered a significant regulatory action 
under Executive Order 12866 and not significant under Department of 
Transportation Regulatory Policies and Procedures (44 FR 11040; 
February 26, 1979), it will not have a significant economic impact on a 
substantial number of small entities, and it contains no collection of 
information requirements. A full regulatory analysis is unnecessary 
because the Coast Guard expects the impact of this regulation to be 
minimal due to the relatively short duration of vessel traffic 
restrictions, the relatively small size of the area regulated, and the 
absence of any commercial vessel transits along this section of the 
Youghiogheny River, due to insufficient bridge clearances and water 
depth downriver.

Federalism Assessment

    Under the principles and criteria of Executive Order 12612, this 
regulation 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 
proposal and concluded that, under section 2.B.2.c. of Commandant 
Instruction M16475.1B, this proposal 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, Security measures, Waterways.

Temporary Regulation

    In consideration of the foregoing, subpart C of part 165 of title 
33, Code of Federal Regulations, is amended as follows:

PART 165--[AMENDED]

    1. They authority citation for part 165 continues to read as 
follows:


    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.


    2. A temporary Sec. 165.T02-079 is added, to read as follows:


Sec. 165.T02-079 Safety zone: Youghiogheny River.

    (a) Location. The Youghiogheny River between mile 0.8 and mile 1.8 
is established as a safety zone.
    (b) Effective dates. This regulation becomes effective from 9 a.m. 
on January 8, 1994 and will terminate at 10 a.m. on January 10, 1994.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port.


    Dated: December 30, 1993.
M.W. Brown,
Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh, 
Pennsylvania.
[FR Doc. 94-270 Filed 1-5-94; 8:45 am]
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