[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Rules and Regulations]
[Pages 7910-7912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3429]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Huntington 95-001]
RIN 2115-AA97
Safety Zone; Ohio River, Mile 308.0 to 310.0, Symmes Creek,
Chesapeake, OH, and Adjacent Landside Areas
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, at the entrance to Symmes Creek, Chesapeake, Ohio, and all
adjacent landside areas within a 1,000 foot radius of each specific
explosive detonation site. This regulation is needed to control vessel,
vehicular, and pedestrian traffic in the regulated area to prevent
potential safety hazards for transiting vessels and the general public
resulting from the demolition of the 6th Street Bridge at mile 308.7,
Ohio River, Huntington, 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 6 a.m. EST on February
1, 1995. It terminates on June 1, 1995 at 8 p.m. EDT, 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.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are LT Sean Moon, 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 308.7, Ohio
River, Huntington, 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 new bridge construction under United States
Coast Guard Bridge Permit Number 4-90-2 dated May 25, 1990. The Captain
of the Port Huntington did not receive notice of the explosive and
demolition operations until January 18, 1995. C.J. Mahan Construction
Company of Grove City, Ohio, working under contract for the State of
West Virginia, completed construction of the new bridge on November 2,
1994. The bridge permit included the requirement that the old bridge be
demolished within 180 days of completion of the new bridge. Landside
dismantling of the old bridge began shortly after completion 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 February 1, 1995 at mile 308.7 on the Ohio River. Completion
of the bridge removal is expected to occur on or before June 1, 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 and
vehicular traffic and the general public, the Captain of the Port
Huntington intends to regulate vessel traffic in that portion of the
Ohio River and Symmes Creek 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 1,000 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 Ohio River, the entrance to Symmes Creek, and adjacent
landside areas in proximity to the blast site will be subject to
periodic closures. No vessels will be allowed to transit either
waterway when blasting and steel removal operations will affect 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 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 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 (the contractor
must be able to see from bank to bank before blasting). No blasting
will take place unless the river stage is at or below 5 feet above
normal pool and falling.
Unless overtaken by circumstances, periodic river and creek
closures will be less than 24 hours in duration. Closures of Symmes
Creek will be very abbreviated, during blasting operations only.
Closures of the Ohio 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 and creek.
Notification of the reopening of the river and creek will be via VHF
radio on channel 16. The entrance to Symmes Creek will be reopened to
vessel traffic entering the Ohio River upon the conclusion of each
blasting operation. Vessels transiting to or from Symmes Creek must
contact the on scene contractor vessels 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. [[Page 7911]] 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 ensures that
vessels will not transit on the Ohio 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 ensures that
communication is established between the contractors and vessels
transiting the waters within the safety zone during the non-critical
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 an 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 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. A Categorical Exclusion
Determination is available in the docket for inspection.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Temporary Regulation
In consideration of the foregoing, Subpart F of Part 165 or 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.T02-002 is added, to read as follows:
Sec. 165.T02-002 Safety Zone: Ohio River, Symmes Creek, and Adjacent
Landside Areas
(a) Location. The Ohio River between 308.0 and 310.0, the entrance
to Symmes Creek, Chesapeake, Ohio, and adjacent landside areas within
1,000 feet of each specific blast site are established as a safety
zone.
(b) Effective dates. This section becomes effective on February 1,
1995 at 6 a.m. EST. It terminates on June 1, 1995 at 8 p.m. EDT, 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 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 MISS MAY or M/V
MICHAEL D on channel 16 VHF-FM to arrange for safe passage through the
safety zone at all other times, providing at least twenty (20) minutes
advance notice prior to transiting through the regulated area.
(iii) Provide the contract vessel M/V MISS MAY or M/V MICHAEL D at
least twenty (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 during operations not involving river closure.
(2) Except with the permission of the Captain of the Port, vessels
involved with the 6th Street Bridge demolition operations must:
(i) M/V MISS MAY or M/V MICHAEL D: Communicate with and arrange
safe passage through the safety zone for all vessels not involved in
the demolition project.
(ii) M/V MISS MAY or M/V MICHAEL D: 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 MISS MAY or M/V MICHAEL D: 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 MISS MAY or M/V MICHAEL D: 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 MISS MAY or M/V MICHAEL D: Notify the Coast Guard Captain
of the Port Huntington once a successful sweep has determined that the
Ohio River main shipping channel is clear (a minimum underwater
clearance of 20 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) Except with the permission of the Captain of the Port, C. J.
MAHAN CONSTRUCTION COMPANY must:
(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 MISS MAY or M/V MICHAEL D.
(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). [[Page 7912]]
(4) Except with the permission of the Captain of the Port, all
pedestrians and vehicular traffic must remain outside the affected
landside portions of the safety zone, as enforced by local law
enforcement officials.
(5) 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.
(6) 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: January 23, 1995, 5 pm e.s.t.
F.A. Nyhuis,
Commander, U.S. Coast Guard, Captain of the Port, Huntington, WV.
[FR Doc. 95-3429 Filed 2-9-95; 8:45 am]
BILLING CODE 4910-14-M