[Federal Register Volume 71, Number 224 (Tuesday, November 21, 2006)]
[Rules and Regulations]
[Pages 67303-67306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19676]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-109]
RIN 1625-AA00


Safety Zone; Potomac River, Alexandria Channel, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
covering certain waters of the Potomac River within a 500-foot radius 
of an explosives demolition site at the Virginia approach of the old 
Woodrow Wilson Memorial Bridge, located near Alexandria, Virginia, in 
position latitude 38[deg]47'36'' N, longitude 077[deg]02'19'' W. This 
safety zone is necessary to provide for the safety of life and property 
during the fracturing of the west counterweight box by the use of 
explosives. This safety zone is intended to restrict maritime traffic 
in order to

[[Page 67304]]

protect mariners from the hazards associated with the demolition.

DATES: This rule is effective from 2 a.m. on November 20, 2006 through 
3 a.m. on November 21, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-109 and are available for 
inspection or copying at Commander, U.S. Coast Guard Sector Baltimore, 
2401 Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ronald L. Houck, Waterways Management 
Division, at (410) 576-2674.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM and 
delaying its effective date would be contrary to the public interest, 
because there is not sufficient time to publish a proposed rule in 
advance of the event and immediate action is needed to protect persons 
and vessels against the hazards associated with a demolition with 
explosives, such as premature detonation or falling debris.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This safety zone of short duration 
is needed to provide for the safety of persons and vessels on the 
Potomac River and the public at large. Advance notification of the 
safety zone and the demolition will be provided to the public via 
marine information broadcasts and by local media.

Background and Purpose

    At 2:30 a.m. local time on November 20, 2006, Engineered Explosive 
Services will fracture via an explosion the west counterweight box (a 
large block of concrete which counterbalanced the original drawbridge 
leaves over the west side of the shipping channel) for the old Woodrow 
Wilson Memorial Bridge, which is located within the bridge pier on the 
western side of the shipping channel and situated totally above the 
waterline near Alexandria, Virginia. Provisions will be in place to 
minimize flyrock and seismographs will be in place on the Virginia 
shoreline to measure predicted minimal vibration levels. The explosion 
will use approximately 100 pounds of explosives in the form of linear 
shape charges. Due to the need for vessel control during the explosion, 
maritime traffic will be temporarily restricted to provide for the 
safety of transiting vessels.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on certain 
waters of the Potomac River. The temporary safety zone will be enforced 
from 2 a.m. through 3 a.m. on November 20, 2006, and if necessary due 
to unexpected circumstances, from 2 a.m. through 3 a.m. on November 21, 
2006. The effect will be to restrict general navigation in the area 
during the event. No person or vessel may enter or remain in the safety 
zone. Vessels will be allowed to transit the waters of the Potomac 
River outside the safety zone. This safety zone is needed to control 
vessel traffic during the event to enhance the safety of transiting 
vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    Although this rule prevents traffic from transiting a portion of 
the Potomac River during the event, the effect of this rule will not be 
significant due to the limited duration of the regulation and limited 
size of the safety zone, and the extensive notifications that will be 
made to the maritime community via marine information broadcasts and 
local media, so mariners can adjust their plans accordingly. We expect 
the economic impact of this proposed rule to be so minimal that a full 
Regulatory Evaluation under the regulatory policies and procedures of 
DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of the Potomac River from 2 a.m. through 
3 a.m. on November 20, 2006, and if necessary due to unexpected 
circumstances, from 2 a.m. through 3 a.m. on November 21, 2006. This 
safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
fracturing via an explosion of the west counterweight box for the old 
Woodrow Wilson Memorial Bridge near Alexandria, Virginia will only take 
ten minutes and the area affected is small. The safety zone will only 
apply to the Virginia side of the Potomac River, including the entire 
width of the federal navigation channel at the old Woodrow Wilson 
Memorial Bridge. Vessel traffic not constrained by its draft, which 
small entities usually are, will be able to safely pass around the 
zone. Before the effective period, we will issue maritime advisories 
widely available to users of the harbor. Therefore, Coast Guard 
certifies under section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) that this temporary final rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 67305]]

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. This rule establishes a safety zone.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are available in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T05-109 to read as follows:


Sec.  165.T05-109  Safety Zone; Potomac River, Alexandria Channel, DC.

    (a) Location. The following area is a safety zone: All waters 
located in the Potomac River, within a 500-foot radius of an explosives 
demolition site at the Virginia approach of the old Woodrow Wilson 
Memorial Bridge, located near Alexandria, Virginia, in position 
latitude 38[deg]47'36'' N, longitude 077[deg]02'19'' W (NAD 83).
    (b) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) All vessels and persons are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port, Baltimore, 
Maryland.
    (2) Persons or vessels requiring entry into or passage within the 
zone must request authorization from the Captain of the Port or his 
designated representative by telephone at (410) 576-2693 or on marine 
band radio channel 16 VHF-FM.
    (3) All Coast Guard assets enforcing this safety zone can be 
contacted on marine band radio channels 13 and 16 VHF-FM.
    (4) The operator of any vessel within or in the immediate vicinity 
of this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard Ensign, and
    (ii) proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (c) Definitions. The Captain of the Port means the Commander, Coast 
Guard Sector Baltimore or any Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zones by Federal, State and local agencies.

[[Page 67306]]

    (e) Enforcement period. This section will be enforced from 2 a.m. 
through 3 a.m. on November 20, 2006, and if necessary due to unexpected 
circumstances, from 2 a.m. through 3 a.m. on November 21, 2006.

    Dated: November 6, 2006.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. E6-19676 Filed 11-20-06; 8:45 am]
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