[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23896]


[[Page Unknown]]

[Federal Register: September 27, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Huntington 94-006]
RIN 2115-AA97

 

Safety Zone; Ohio River, Mile 313.0 to 315.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Ohio 
River. This regulation is needed to control vessel traffic in the 
regulated area to prevent potential safety hazards for transiting 
vessels resulting from pipelaying operations, including underwater 
blasting, as part of a gas pipeline construction project in the 
vicinity of mile 314.0, Ohio River, Ceredo-Kenova, West Virginia. 
Vessel movements within this safety zone are permitted under the 
criteria set forth in this regulation.

EFFECTIVE DATES: This regulation is effective at 7 a.m. EDT on 
September 12, 1994. It terminates on October 31, 1994 at 8 p.m. EST, 
unless terminated sooner by the Captain of the Port Huntington.

FOR FURTHER INFORMATION CONTACT: LTJG Sean Moon, Chief of the Port 
Operations Department, Captain of the Port, Huntington, West Virginia 
at (304) 529-5524.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this regulation are ENS Steve 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 from the date of publication. 
Following normal rulemaking procedures would have been impracticable. 
Specifically, anticipated pipelaying operations, including underwater 
blasting, as part of a gas pipeline construction project in the 
vicinity of mile 314.0, Ohio River, Ceredo-Kenova, 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 gas pipeline 
construction project. The Captain of the Port Huntington did not 
receive notice of the project until September 2, 1994. Pentzien, Inc. 
of Omaha, Nebraska, working under contract for Columbia Gas of 
Charleston, West Virginia, will begin construction September 12, 1994 
on an open-cut, dredged crossing in which a new gas line will replace 
the old gas line between Wayne County, West Virginia and Lawrence 
County, Ohio at mile 314.0 on the Ohio River. Pentzien, Inc. engineers 
anticipate completion of the construction on or before October 31, 
1994. The presence of a drill barge and dredging equipment, conducting 
dredging and underwater blasting operations, will pose an obstructive 
and, at times, explosive hazard to waterborne traffic transiting in the 
vicinity of the construction project work site. In order to provide for 
the safety of vessel traffic, the Captain of the Port Huntington 
intends to regulate vessel traffic in that portion of the Ohio River 
where dredging and blasting operations will be taking place until the 
hazard is mitigated. All transiting vessels must contact the M/V JOE 
KIZZIAH, which will be tending the dredging and drill barges, on either 
channel 13 or 16 in order to transit the area during dredging 
operations. No vessels will be allowed to transit during the blasting 
portion of these operations. Notice of this safety zone will be 
published in the Local Notice to Mariners and in regularly scheduled 
Broadcast Notice to Mariners.

Description of the Dredging

    The dredging operation will be taking place 24 hours per day, seven 
(7) days a week. Excavation of the river bottom will be with a 100 ton 
bucket dredge mounted on a 120 foot by 45 foot spud barge, MANITOWAC. 
The MANITOWAC will be tended by M/V JOE KIZZIAH and should always be in 
position to allow safe passage to either its left or right. Mariners 
should contact M/V JOE KIZZIAH for passing instructions. Upon request, 
the MANITOWAC will cease dredging operations and move to allow 
sufficient distance for the safe passage of commercial traffic. The M/V 
JOE KIZZIAH, as well as the dredging and drill barges, will display 
proper day marks, and lighting during night operations. Such night 
operations will not involve explosives.

Description of the Blasting

    On the average, contractors plan to blast just once a day, 
occurring sometime after 3:00 p.m., but before dark. No blasting will 
take place when there is restricted visibility (the contractor must be 
able to see from bank to bank before blasting). The purpose of the 
blasting is to form a trench across the subsurface of the Ohio River 
into which sections of piping will be laid. The drill barge, DRILL 
BARGE NO. 1, will work in concert with the dredge MANITOWAC drilling 
into the dredged subsurface of the river and place explosives in the 
drilled holes as it goes. Drilling will cease each day at 3:00 p.m. at 
which time contractors will put detonators in place and prepare the 
area for blasting. Both the dredge and drill barges will be removed to 
a position well distant from the blasting. Notification of blasting 
will take place two hours, one hour, forty-five (45) minutes, thirty 
(30) minutes, fifteen (15) minutes, and immediately prior to blasting. 
Notification will be via VHF radio channels 13 and 16. After the drill 
and supply barges have been moved to a safe distance, two boats will be 
available for the security of the immediate blast area. The boats will 
be placed up and downriver of the blasting area. These boats will 
patrol and warn any recreational/commercial vessels traffic of the 
impending blast. No blasting will be permitted unless all river traffic 
is removed to a safe location outside of the blasting area. In addition 
to radio transmissions, contractors will sound warning signals. The 
warning signal will be a one (1) minute series of long blasts three (3) 
minutes prior to the blast signal. The blast signal will be a series of 
short blasts one (1) minute prior to the blast. Immediately following 
the blast and an inspection of the blast area, an all clear signal will 
be sounded. The all clear signal will be a prolonged blast, followed by 
radio notification on VHF channels 13 and 16. Signals will only be 
sounded by the person responsible for blasting operations. If a vessel 
not involved with blasting operations is within the safety zone, the 
contractor will not conduct the detonation until that vessel has 
cleared the regulated area. The drill barge and blasting equipment will 
be moved off site to the river bank every night to reduce the 
obstructive river hazard. The establishment of this safety zone 
regulation ensures that vessels transiting in the vicinity of the 
blasting area will maintain a safe distance to eliminate the associated 
risk. The safety zone also ensures that communication is established 
between the contractors and vessels transiting the waters within the 
safety zone. With proper communication between all parties, the 
contractor is assured of having ample time to comply with a request to 
move his operation temporarily to allow a vessel to navigate through 
the zone safely.

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 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 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, 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 section 165.T02-055 is added, to read as follows:


Sec. 165.T02-055  Safety Zone: Ohio River.

    (a) Location. The Ohio River between mile 313.0 and 315.0 is 
established as a safety zone.
    (b) Effective dates. This section becomes effective on September 
12, 1994 at 7 a.m. EDT. It terminates on October 31, 1994 at 8 p.m. 
EST, unless terminated sooner by the Captain of the Port Huntington.
    (c) Regulations.
    (1) Except with the permission of the Captain of the Port, all 
vessels must:
    (i) Remain outside the safety zone once the contract vessel M/V JOE 
KIZZIAH has completed broadcast notice on Channels 13 and 16 VHF-FM 15 
minutes prior to blasting and remain outside of the zone until it has 
given the all-clear signal (a prolonged blast) and made broadcast 
notice of the same on Channel 13 or 16 VHF-FM.
    (ii) Communicate with the contract vessel M/V JOE KIZZIAH on 
channel 13 or 16 VHF-FM to arrange for safe passage when either the 
dredge MANITOWAC and DRILL BARGE NO. 1 (or both) are on site in the 
Ohio River, providing at least twenty (20) minutes advance notice prior 
to transiting through the regulated area.
    (iii) Provide the contract vessel M/V JOE KIZZIAH at least twenty 
(20) minutes advance notice to move/suspend operations in any case 
where the transiting vessel operator believes the safe passage of his 
vessel or tow is jeopardized by the presence/operation of the dredge 
MANITOWAC or the DRILL BARGE NO. 1.
    (2) Except with the permission of the Captain of the Port, vessels 
involved with the Columbia gasline blasting and dredging operations 
must:
    (i) M/V JOE KIZZIAH: Communicate with and arrange safe passage 
through the safety zone for all vessels not involved in the pipelaying 
project.
    (ii) M/V JOE KIZZIAH: Initiate appropriate broadcast notices and 
warning signals to local mariners prior to and after conducting 
blasting operations. Two hours, one hour, forty-five (45) minutes, 
thirty (30) minutes, and fifteen (15) minutes prior to blasting, 
broadcast on channels 13 and 16 VHF-FM the intention to conduct 
blasting operations. Approximately three (3) minutes before a blast 
round is to be detonated, give a series of long blasts for one (1) 
minute to indicate that the blast area is being secured. Determine the 
blast area to be secured. Approximately one (1) minute prior to the 
blast, sound a final warning, consisting of a series of short blasts. 
Immediately following the blast, inspect/survey the blast area to 
determine whether it is clear to resume operations. Give an all clear 
signal consisting of a prolonged blast and radio notification on 
Channels 13 and 16 VHF-FM, after area is determined to be clear and 
safe for the resumption of normal operations.
    (iii) DRILL BARGE NO. 1: Do not blast 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.
    (iv) DRILL BARGE NO. 1: Do not initiate any blasting operations in 
periods of restricted visibility (operator must ensure there is clear 
bank-to-bank visibility).
    (v) All vessels: Relocate to a safe distance prior to conducting 
blasting operations.
    (3) 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.
    (4) 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: September 9, 1994, 4:30 p.m. EDT.
F.A. Nyhuis,
Commander, U.S. Coast Guard, Captain of the Port, Huntington, WV.
[FR Doc. 94-23896 Filed 9-26-94; 8:45 am]
BILLING CODE 4910-14-M