[Federal Register: November 21, 2006 (Volume 71, Number 224)]
[Rules and Regulations]
[Page 67303-67306]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no06-8]
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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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