[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